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Frederick County Overview
Frederick County, Maryland Code of Ordinances
FREDERICK COUNTY, MARYLAND CODE OF ORDINANCES
OFFICIALS OF FREDERICK COUNTY, MARYLAND
ADOPTING ORDINANCE
CHARTER OF FREDERICK COUNTY, MARYLAND
PART I: FREDERICK COUNTY CODE
CHAPTER 1-1: GENERAL PROVISIONS (§§ 1-1-1 - 1-1-9)
CHAPTER 1-2: ADMINISTRATION
CHAPTER 1-3: AIR QUALITY CONTROL (§§ 1-3-1 - 1-3-12)
CHAPTER 1-4: AMUSEMENTS
CHAPTER 1-5: ANIMALS AND FOWL
CHAPTER 1-6: BUILDINGS
CHAPTER 1-6A: MODERATELY PRICED DWELLING UNITS (§§ 1-6A-1 - 1-6A-13)
CHAPTER 1-7: ELECTRICITY
CHAPTER 1-7.1: ETHICS (§§ 1-7.1-1 - 1-7.1-11)
CHAPTER 1-8: FINANCE AND TAXATION
CHAPTER 1-9: FOOD AND DRINK
CHAPTER 1-10: GRADING, EROSION AND SEDIMENT CONTROL
CHAPTER 1-11: HEALTH AND SANITATION
CHAPTER 1-12: PARKS AND RECREATION
CHAPTER 1-13: PLANNING AND DEVELOPMENT
CHAPTER 1-14: PLUMBING
CHAPTER 1-15: ROADS AND BRIDGES
CHAPTER 1-15.1: RESERVED
CHAPTER 1-15.2: STORMWATER MANAGEMENT
CHAPTER 1-16: SUBDIVISION RULES AND REGULATIONS
CHAPTER 1-17: TRAILERS AND TRAILER PARKS
CHAPTER 1-18: WATERS, SEWERS AND SEWAGE DISPOSAL (§§ 1-18-1 - 1-18-6)
CHAPTER 1-19: ZONING
CHAPTER 1-20: ADEQUATE PUBLIC FACILITIES
CHAPTER 1-21: FOREST RESOURCES
CHAPTER 1-22: DEVELOPMENT IMPACT FEE
CHAPTER 1-23: HISTORIC PRESERVATION (§§ 1-23-1 - 1-23-14)
CHAPTER 1-24: RESERVED
CHAPTER 1-25: DEVELOPMENT RIGHTS AND RESPONSIBILITIES AGREEMENTS (§§ 1-25-1 - 1-25-14)
PART II CODE OF PUBLIC LOCAL LAWS OF FREDERICK COUNTY, 1979
PARALLEL REFERENCES
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§ 1-19-6.140. SIDE AND REAR YARD MODIFICATIONS.
   (A)   Side yard and rear yard width may be varied where the wall of a building is not parallel with the side or rear lot line or is broken or otherwise irregular. In such case the average width of the yard will be no less than the generally required minimum width; provided, that such yard will not be narrower at any point than one-half the normally required setback.
   (B)   When the side lines of a lot coverage so as to form a rear lot line of less than 10 feet or a point in the rear, the rear lot line is that line parallel to the front lot line and measuring 10 feet in length between the 2 side lot lines. The depth of the rear yard is measured from such 10 foot line to the nearest part of the principal building.
   (C)   In the case of corner lots, there shall be no required rear yard.
(Ord. 77-1-78, § 40-82, 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)
§ 1-19-6.150. PROJECTION OF ARCHITECTURAL FEATURES.
   (A)   Bay windows, chimneys, stoops, balconies, eaves and leaders will not project more than 4 feet into any required yard.
   (B)   Open/unenclosed porches or uncovered decks will not project more than 4 feet into any front or side yard and may project into the rear yard up to one-half the distance of the rear yard requirement. Decks may not be constructed in such a manner so that one deck is directly above another deck.
   (C)   Fences are exempt from yard requirements.
(Ord. 77-1-78, § 40-83, 1-24-1977; Ord. 85-44-376, 12-3-1985; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)
§ 1-19-6.160. HEIGHT MODIFICATION.
   The building height limitations of this chapter do not apply to:
   (A)   Penthouses or roof structures for housing stairways, tanks, elevators, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, steeples, flag poles, and silos;
   (B)   Smoke stacks, masts, water tanks, monuments. Bulkheads, monitors and scenery lofts, fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures where the manufacturing process requires a greater height, radio or television towers and essential services. Any such structure which exceeds the maximum height limit otherwise permitted in the district, the distance from its front, side and rear lot lines shall be no less than the maximum vertical height of such structures;
   (C)   Churches, schools, institutional buildings, public utility buildings and structures provided that for each 3 feet by which the height of such structure exceeds the maximum height generally permitted for structures in the district, the required side and rear yards measurements will be increased by an additional foot.
(Ord. 77-1-78, § 40-84, 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)
§ 1-19-6.170. HISTORIC STRUCTURAL LOT SIZES.
   Sites to be used for the preservation of historic structures may be less than the minimum lot size for the district, provided:
   (A)   The site is eligible for or has been placed on the National Register of Historic Places;
   (B)   It is owned and operated by a private not- for-profit corporation;
   (C)   The site will not be used for human habitation nor generate sewage effluent unless said site is served by community sewerage facilities or contains at least 40,000 square feet and said facilities meet the approval of the Health Department;
   (D)   The owner of the site grant an easement in perpetuity to the county or the Maryland Historic Trust, or other governmental body empowered to accept such easement restricting further development of the site for nonhistoric preservation purposes.
(Ord. 77-1-78, § 40-85, 1-24-1978; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)
DIVISION 2. PARKING AND LOADING
§ 1-19-6.200. GENERALLY.
   (A)   No structure will be erected, substantially altered, or its use changed unless permanent off street parking and loading spaces have been provided and maintained in accordance with the provisions of this chapter, unless amendments or modifications are authorized under § 1-19-6.210(D).
   (B)   Except as permitted by § 1-19-6.210(D), parking areas and loading spaces shall not be closer to the right-of-way line than one-half the normally required setback for principal structures.
   (C)   Parking and loading requirements per area will be determined by the net floor area, meaning that which is utilized for the main use of the building(s). Net floor area shall be determined by subtracting incidental service, storage and mechanical areas from the gross floor area.
   (D)   Parking and loading requirements per seat will be determined by the number of the individual seats. For purposes of bench type seating, 20 inches will be equivalent of 1 seat.
   (E)   Parking requirements may be satisfied through provision of surface parking areas, parking structures, or a combination thereof.
   (F)   Parking areas shall be maintained so as to prevent the accumulation of litter and debris.
(Ord. 77-1-78, § 40-45(A), 1-24-1977; Ord. 97-06-184, 5-6-1997; Ord. 07-11-451, 4-17-2007; Ord. 08-26-502, 10-14-2008; Ord. 10-01-536, 1-19-2010; Ord. 10-26-561, 11-9-2010; Ord. 14-23-678, 11-13-2014)
§ 1-19-6.210. LOADING SPACE REQUIREMENTS AND DIMENSIONS.
   (A)   Dimensions, clearances and signage. There shall be 2 sizes of off-street loading spaces designated: "small" and "large". Large loading spaces are designed to accommodate uses that require high-volume delivery of goods in a tractor-trailer. Each loading space shall be exclusive of driveways, aisles and other circulation areas. All loading spaces shall have signs and markings indicating that the space is reserved for loading or unloading.
      (1)   A small loading space shall have minimum dimensions of not less than:
         (a)   Nine feet in width;
         (b)   Twenty feet in length; and
         (c)   Ten feet in height clearance.
      (2)   A large loading space shall have minimum dimensions of not less than:
         (a)   Twelve feet in width;
         (b)   Fifty feet in length; and
         (c)   Fifteen feet in height clearance.
   (B)   Requirements. Off-street loading space(s) will be provided and maintained on the same lot as the principal use(s) for delivery of goods in accordance with the table below:
 
Use Classification
Total Building Net Floor Area (in square feet)
Minimum Loading Spaces Required
Place of worship, bank, childcare center/nursery school, private school, recreation & community building, multiple-user retail, all office, and miscellaneous commercial uses not listed herein
0 - 1,000 sq.ft.
If approved by staff, no separate loading space is required. However, a temporary loading zone may be required to be delineated on the site plan and which may be located within a parking area.
Over 1,000 - 5,000 sq.ft.
1 small (see requirements of § 1-19-6.210(C))
Over 5,000 sq.ft.
1 large or 2 small (see requirements of § 1-19-6.210(C)) + 1 additional large for each additional 15,000 sq.ft. or part thereof over 20,000 sq.ft.
Single-user retail, all industrial and all wholesale
0 - 5,000 sq.ft.
1 large
Over 5,000 sq.ft.
1 large + 1 additional large for each additional 10,000 sq.ft. or part thereof over 5,000 sq.ft.
 
   (C)   If an applicant for (1) multiple-user retail; (2) office; or (3) miscellaneous commercial uses not listed in the table in subsection (B), does not intend to provide any large loading spaces, the applicant must file a request and demonstrate to the satisfaction of the Planning Commission that no high-volume delivery of goods in a tractor-trailer is required for the proposed use.
   (D)   Modification. An applicant may request that the Planning Commission approve a modification to the requirements of § 1-19-6.200(B), § 1-19-6.210(A) or that the Zoning Administrator or Planning Commission authorized representative approve a modification to the requirements of § 1-19-6.210(B) of this section. The applicant's request shall include written justification describing why fewer or smaller loading spaces are adequate for the proposed use.
   (E)   Refuse and recycling. Exterior refuse and recycling dumpsters shall be provided in accordance with the requirements of the Division of Utilities and Solid Waste Management.
(Ord. 77-1-78, § 40-45(B), 1-24-1977; Ord. 07-11-451, 4-17-2007; Ord. 08-26-502, 10-14-2008; Ord. 10-01-536, 1-19-2010; Ord. 14-23-678, 11-13-2014)
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