§ 158.071.02 AGRICULTURAL AND CONSERVATION DISTRICTS: REGULATION OF ACCESSORY USES.
   (A)   Accessory uses in the Agricultural and Conservation Districts.
      (1)   Accessory buildings and uses customarily incidental to any principal permitted use, nonconforming use, or authorized conditional use, including mobile homes subject to the applicable provisions of § 158.150;
      (2)   Home occupation, subject to Zoning Administrator approval following submittal of a signed affidavit stating that the use:
         (a)   Does not utilize more than 500 square feet.
         (b)   Does not involve retail sales from the premises.
         (c)   Involves no evidence from the outside of the dwelling to indicate that it is being used for anything other than residential purposes, other than a sign not exceeding three square feet;
         (d)   Involves no customers to the dwelling.
      (3)   Business signs, subject to the provisions of §§ 158.110 through 158.115;
      (4)   One private stable on a lot or parcel of three acres or more for one animal unit, with a minimum fenced area of two acres. The minimum acreage is not applicable to the keeping of fowl.
         (a)   One additional acre of fenced area is required for each additional animal unit up to five animal units.
         (b)   For up to five animal units, structures intended to shelter, feed, or care for livestock must be set back 100 feet from any adjoining existing residences but must meet the minimum side and rear yard setbacks for the district.
         (c)   Beyond five animal units is considered an agricultural use and must meet the requirements for the agricultural use.
         (d)   No administrative adjustment or variance is allowed to the minimum acreage or setbacks associated with this provision.
      (5)   Saddlery and tack shop on the premises of a commercial stable;
      (6)   Storage modules may be used in conjunction with an approved business use of the property, provided that:
         (a)   On property of ten acres and less, there shall be no more than one storage module located on the property, and on property greater than ten acres, there shall be no more than one storage module for each additional ten acres;
         (b)   The storage module(s) shall be subject to the following standards:
            1.   The maximum size shall be eight feet by 24 feet on property of ten acres or less.
            2.   The exterior surface shall be painted and kept in good repair.
            3.   The storage module shall be vented where needed for safety purposes.
            4.   The storage module shall be screened from adjacent roadway and from residences on adjoining properties.
      (7)   Family day care, subject to Zoning Administrator approval following submittal of a signed affidavit stating that the use meets all applicable Maryland State requirements;
      (8)   Accessory dwelling units, which are subject to the following:
         (a)   An accessory dwelling must have direct access from the outside;
         (b)   The property owner must occupy either the principal dwelling unit or the accessory dwelling unit on the property;
         (c)   The maximum size of an accessory dwelling shall be not more than 1,000 square feet of livable floor area, as defined in § 158.002;
         (d)   The accessory dwelling unit shall have no more than two bedrooms;
         (e)   The accessory dwelling unit must meet all applicable building construction and Maryland Department of Health and Mental Hygiene and MDE regulations;
         (f)   One additional off-street parking space must be provided for each bedroom in the accessory dwelling unit;
         (g)   Only one accessory dwelling unit (attached or detached) shall be permitted on a lot; and
         (h)   Detached accessory dwelling units shall be located on lots at least three acres in size and may not be located more than 50 feet from the principal dwelling.
      (9)   Antique and arts and crafts shops, in conjunction with a residence or farming operation, subject to Zoning Administrator approval in accordance with § 158.130(G);
      (10)   Beauty parlors and barbershops, in conjunction with a residence, subject to Zoning Administrator approval following submittal of a signed affidavit stating that the use will be conducted by a single practitioner. If the use is to be conducted by more than one practitioner, it shall be approved in accordance with § 158.130(G);
      (11)   Roadside stands for the sale of fresh fruits, vegetables, and other farm products, subject to Zoning Administrator approval in accordance with § 158.130(G);
      (12)   Dance studios, when conducted within a dwelling by a resident, subject to Zoning Administrator approval in accordance with § 158.130(G);
      (13)   Cottage industry, provided that it is conducted by a resident within the dwelling or within an accessory building which does not exceed 2,000 square feet in area, subject to Zoning Administrator approval following submittal of a signed affidavit stating that the use meets all applicable requirements;
      (14)   Within a dwelling, the professional office of a physician, insurance agent, realtor, or other profession determined by the Zoning Administrator to be similar in use and characteristics, subject to Zoning Administrator approval in accordance with § 158.130(G);
      (15)   Lawn care and maintenance service, subject to Zoning Administrator approval following submittal of a signed affidavit stating that the use meets all applicable requirements, provided there are no more than two vehicles, two trailers and four employees, including the owner of the business;
      (16)   The above or below ground storage of not greater than 2,000 gallons, in aggregate capacity of petroleum products which is not sold at retail or wholesale, and subject to Chapter 170 of the Carroll County Code and all applicable Maryland Department of the Environment (MDE) and National Fire Protection Association (NFPA) regulations;
      (17)   Above-ground petroleum storage exceeding 2,000 gallons but less than 50,000 gallons, in aggregate capacity, provided however, that no individual container may exceed 30,000 gallons. These petroleum products may not be sold at retail or wholesale, and shall be subject to the following:
         (a)   One hundred feet of separation from all existing or proposed residential dwellings on the same property;
         (b)   Setback requirements as specified by NFPA, but not less than 100 feet from all property lines;
         (c)   Compliance with Chapter 170 of the Carroll County Code;
         (d)   Compliance with all state and NFPA regulations; and
         (e)   No variances of the above requirements may be granted;
      (18)   The production of firewood, humus, wood chips or mulch as an accessory use to the farming or residential parcels for land clearing or private use purposes. This use shall comply with the distance requirements of § 158.040. No wood may be piled up over six feet. No variance to these requirements may be granted.
      (19)   When associated with a farm alcohol producer
         (a)   Tasting rooms;
         (b)   Accessory food sales to accompany the beverage tasting;
         (c)   Retail sales facility for the sale of novelty and gift items related to the beverage;
         (d)   Sales of beverages produced on-site;
         (e)   Guided tours; and
         (f)   Promotional activities.
      (20)   Livestock incineration in the Agricultural District, provided the incineration is only of animals raised on the property, except in extenuating circumstances.
(Ord. 2022-20, passed 11-3-2022)