Loading...
(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)
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)
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
(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)
(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)
(A) Generally.
(1) For the purpose of this chapter, the parking space requirements in the following table will apply. Parking shall be limited to the number of spaces required based on an evaluation of each proposed use, hours of operation, and joint or shared parking agreements. An increase or reduction in the number of required parking spaces may be granted by the Planning Commission where the applicant or Planning Commission authorized representative can demonstrate need based on characteristics of the proposed use, hourly parking demand studies published by the Institute of Transportation Engineers (ITE), or other documentation as approved by the Planning Commission.
(2) When an increase in the number of required parking spaces is granted or for the purposes of overflow parking, the Planning Commission may require the spaces to be constructed of pervious materials.
(3) When a reduction in the number of required parking spaces is granted, the Planning Commission will determine the extent that an accessible graded and seeded area shall be reserved for future parking.
(4) For uses not listed in the following table, parking requirements shall be determined by the Planning Commission or their authorized representatives. The requirements shall be based upon similarity to an existing use listed within the table below, characteristics of the proposed use, or hourly parking demand studies published by the Institute of Transportation Engineers (ITE).
Type of Use | Parking Spaces Required |
Residential
| |
Type of Use | Parking Spaces Required |
Residential
| |
Single family, mobile home, duplex or two family dwelling | 2 for each dwelling unit |
Multi-family dwelling, townhouse, multi-family group development | 1 space per unit, plus one-half space for each bedroom in the dwelling unit |
Temporary Housing
| |
Bed and breakfast | 2 spaces per the primary dwelling, plus 1 space for each guestroom (see § 1-19-8.410 and § 1-19-8.326) |
Hotel, motel | 1 per each sleeping room, plus 1 for each 2 employees |
Commercial Uses - Retail | |
Retail store | 1 for each 250 square feet of floor area excluding preparation and/or storage areas |
Farm equipment sales or service | 2 spaces per service bay, plus 1.5 spaces per each employee |
Feed and grain mill | 1 space per each 300 square feet of sales floor area, plus 1 space per employee |
Shopping center less than 100,000 square feet | 5 spaces for each 1,000 square feet of gross leasable area |
Shopping center 100,000 square feet or greater | 4.5 spaces for each 1,000 square feet of gross leasable area |
All other types of business or commercial uses permitted in any commercial district | 1 for each 300 square feet of floor area |
Commercial Business and Personal Services | |
Bank, financial institution, and similar uses | 1 for each 150 square feet of floor area excluding storage area |
Commercial school or education program | 1 for each 3 students |
Funeral home and similar type uses | 1 for each 150 square feet of floor area devoted to viewing |
Medical and dental clinic and office | 1 for every 200 square feet of floor area of examination, treating room office and waiting room |
Office, public or professional administration, or service building | 1 for each 300 square feet of floor area |
Restaurant, dining room, tavern, night club | 1 space per each 50 square feet of floor area devoted to customer service, but excluding food preparation and storage |
Fast food restaurant | 1 space per each 75 square feet of floor area devoted to customer service, but excluding food preparation and storage |
Country inn | 1 space per each guest room, plus 1 space per employee and 1 space per 50 square feet of dining room |
All other types of business or commercial uses permitted in any commercial district | 1 for each 300 square feet of floor area |
Automobile and Related Services | |
Automobile sales and service garage | 2 spaces per service bay, plus 1.5 space per each employee |
Animal Care and Service | |
Animal hospital, veterinary clinic, kennel | 1 space per 400 square feet of floor area excluding kennels, plus 1 space per examination room, plus 1 space per employee |
Commercial Amusements | |
Bowling alley | 3 for each alley or lane, plus 1 additional space for each 100 square feet of the area used for restaurant, cocktail lounge or similar use, but excluding food preparation area and storage |
Health club, fitness center, vocational/ sports training facility, commercial swimming pool | 1 for each 5 persons capacity, plus 1 for each 4 seats or 1 for each 30 square feet floor area used for seating purposes, whichever is greater |
Golf course | 4 spaces per each hole, plus 1 space per each 50 square feet of floor area devoted to customer service, plus 1 space per 2 employees |
Skating rink | 1 for each 200 square feet of floor area used for the activity |
Theater, outdoor or indoor stage, and similar uses | 1 for each 4 seats |
Library, museum and gallery | 1 for each 400 square feet of floor area |
Outdoor recreation center | 1 space per driving range tee, plus 1 space per hole of miniature golf; plus 2 spaces per hole of chip and putt; plus 1 space per employee |
Industrial Uses and Solid Waste Operations
| |
All industrial use and solid waste operation | 1 for every 2 employees (on the largest shift for which the building is designed) plus 1 for each motor vehicle used in the business. |
Warehouse | 1 space for each 1000 square feet of floor area |
Open Space and Institutional | |
Shooting range | 1 space per firing position, plus 1 space per 2 employees |
Recreational vehicle campground, tent campground | 1 space per campsite |
Institutional | |
Child care center/ nursery school and similar uses | 1.5 for each employee plus 1 for every 10 children approved for care |
Place of worship and other places of religious assembly, civic community center, and civic service club | 1 for each 5 seats |
Group home, and similar uses | 1 for each 4 beds |
Housing for the elderly, assisted living | 1 for each 3 units |
Hospital | 1 for each bed, plus 1 space per each 3 employees |
Governmental and Nongovernmental Utilities | |
Arena or stadium | 1 for each 4 seats |
College or university | 1 for each 4 students |
Elementary and junior high school | 2 for each classroom and 1 for every 8 seats in auditoriums or assembly halls |
High school | 1 for every 10 students and 1 for each teacher and employee |
(B) Parking area dimensions. Parking areas shall conform to the following dimension requirements:
(1) Parking space and aisle dimensions.
A Parking Angle | B Stall Width | C Stall Depth | D Aisle Width One-Way | E Aisle Width Two-Way |
90° | 9' | 18' | 22' | 24' |
60° | 9' | 19' | *18' | 22' |
45° | 9' | 17' | *15' | 22' |
Parallel | 8' | 22' | N/A | N/A |
*Except where an increase is required based on local Fire Code access requirements
(2) An increase in stall and aisle width dimensions may be granted when recommended by the Community Development Division Traffic Engineer and approved by the Planning Commission or their authorized representative (as provided in §§ 1-19-3.300 through 1-19-3.300.4), for the following:
(a) Safety or site circulation needs which shall be based on an evaluation of land use turnover rates (ITE Traffic Engineering Handbook, 6th Edition as amended), circulation efficiency, and parking availability.
(3) A decrease in stall and aisle width dimensions may be granted when recommended by the Community Development Division Traffic Engineer and approved by the Planning Commission or their authorized representative (as provided in §§ 1-19-3.300 through 1-19-3.300.4), where narrower dimensions can be reasonably accommodated with no adverse impact on safety or site circulation efficiency for the following:
(a) Compact development patterns based on land use characteristics and typical vehicle size;
(b) Single-loaded and no-loaded parking aisles;
(c) Historic retrofit, adaptive reuse, and redevelopment projects.
(C) Parking area construction. Required parking areas shall be constructed of a material with spaces clearly delineated in a manner approved by the Planning Commission.
(D) Compact parking spaces. The Planning Commission may require up to 15% of the required parking spaces to be constructed for compact 90° vehicle parking. Compact parking spaces shall be signed or painted with the words "compact". Compact parking space dimensions shall be 8' in width and 16' in length. To provide for compact vehicle parking which functions most efficiently where applied, the calculation of required compact parking spaces shall be based on an evaluation of parking area design, proposed use, and expected vehicle parking turnover rates as provided by the applicant.
(E) Handicapped accessibility. All parking areas shall include handicapped accessible spaces in conformance with the Maryland Accessibility Code.
(F) Adjacent parking areas. Where a proposed parking area is adjacent to a developed or undeveloped site within the same or similar zoning district, the proposed parking area must be designed to connect to the existing or future adjacent parking area. This requirement may be waived by the Planning Commission where it is deemed to be impractical.
(G) Pedestrian access. Clearly delineated pedestrian crosswalks, sidewalks, and walkways shall be provided to allow safe, convenient, and direct access within the parking area, and from the parking area to building entrances.
(H) Bicycle parking.
(1) For the purposes of this chapter, the bicycle parking requirements in the following table will apply:
Use Categories
| Specific Uses1 |
Required Bicycle Parking | |
Class A (Locked Room or Lockers) | Class B (Bicycle Racks) 1 Rack = 2 bike parking spaces | ||
Use Categories
| Specific Uses1 |
Required Bicycle Parking | |
Class A (Locked Room or Lockers) | Class B (Bicycle Racks) 1 Rack = 2 bike parking spaces | ||
Residential2 | Multifamily dwelling, multifamily group development, or townhouse w/o garage (8 or more units) | Locked room or lockers with space for 4 bikes for each 10 units | 1 rack for each 10 units, minimum 2. Not required if Class A parking is provided |
Motel, hotel | None | 1 rack for each 20 auto spaces, minimum 1, maximum 10 | |
Commercial (5,000 Square Feet GFA or Greater) | All | None | 1 rack for each 20 auto spaces, minimum 1, maximum 10 |
Office / Research / Industrial (5,000 Square Feet GFA or Greater) | Planned Industrial / Commercial Development, Office Research or Industrial parks planned as a unit, and MXD zoning district | None | 1 rack per 40,000 SF of GFA, minimum 1, maximum 10. |
Open Space and Institutional / Government / Commercial Amusements | Commercial amusements / fairground / arena or stadium / civic community center | None | 1 rack for each 20 auto spaces, minimum 1, maximum 20 |
Transit centers / rail stations | None | minimum 10 | |
Park and ride | None | 1 rack for each 50 auto spaces, minimum 2 | |
School - K-8 | None | 1 rack for each classroom | |
School 9-12 | None | 1 rack for each 2 classrooms | |
College | Per campus plan as approved by Planning Commission | ||
Hospital | None | 1 rack for each 50,000 SF of GFA, minimum 1 | |
Place of worship | None | 1 rack for each 20,000 SF of GFA, minimum 1 | |
Child care center | None | 1 rack for each 20,000 SF of GFA, minimum 1 | |
1: No bicycle parking required in Agricultural or Resource Conservation zoning districts unless the specific use is noted in the above table and the proposed site is within 1.2 miles of a designated growth area. | |||
2: Where required, bicycle parking for residential uses may be provided as class A (locked room/lockers) or class B (racks) | |||
(2) A reduction in required bicycle parking may be granted by the Planning Commission where the applicant can demonstrate need based on neighborhood characteristics, characteristics of the proposed use, or other documentation as approved by the Planning Commission.
(3) The design of bicycle parking shall conform to the Frederick County Bicycle Parking Design Guide.
Editor's note: Subsection (H) Bicycle parking shall apply to applications for development receiving final site development plan approval after January 29, 2010.
(Ord. 77-1-78, § 40-45(C), 1-24-1977; Ord. 89-51-582, 8-15-1989; Ord. 92-23-058, 10-6-1992; Ord. 08-26-502, 10-14-2008; Ord. 09-21-525, 6-4-2009; Ord. 10-01-536, 1-19-2010; Ord. 10-26-561, 11-9-2010; Ord. 10-31-566, 12-21-2010; Ord. 11-25-591, 10-27-2011; Ord. 12-08-603, 4-17-2012; Ord. 14-23-678, 11-13-2014)
Joint parking uses are permitted subject to the following conditions.
(A) The respective individual operations sharing the joint use of parking areas will not be opened or used during the same principal operating hours.
(B) The parties and the land concerned with such joint use are to be effectively bound by a written joint use agreement, the legal sufficiency of which will be subject to the approval of the County Attorney.
(C) Each unit of joint parking space may supply a unit of required off-street parking for each use bound by the written joint use agreement.
(Ord. 77-1-78, § 40-45(D), 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)
A partial reduction in the total number of required off-street parking spaces may be granted where the applicant can demonstrate the sufficient provision of shared parking facilities based on characteristics of uses, hourly parking demand studies published by the Institute of Transportation Engineering or other appropriate source, or other documentation as determined by the Planning Commission or their authorized representatives. A shared parking plan may utilize on-street parking, community/common parking, parking areas located on the same parcel as the proposed use, adjacent to the proposed use, or two parcels that are not adjacent, subject to the following provisions:
(A) The shared parking facility shall be no farther than 500 feet from the building or use to be served;
(B) A maximum of 50% of the required off-street parking may be located off-site;
(C) Submission of a vicinity map reflecting the proposed shared parking areas(s), parking spaces, hours of operation, pedestrian access between parking area(s) and uses, as well as a detailed explanation of the proposed shared parking plan;
(D) A safe, convenient pedestrian connection must exist or be constructed between the buildings or uses and the parking area(s);
(E) The parties involved in the use of the shared parking plan shall provide evidence of an agreement for such use and parking plan by a legal instrument approved by the County Attorney.
(Ord. 07-27-467, 6-19-2007; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)
Loading...