The following provisions shall apply to a facility for functions under § 1-19-8.600.
(A) A property which has been listed on the Frederick County Register of Historic Places may apply for a special exception under this section.
(B) The minimum lot size and setbacks shall be as follows:
Zoning | Minimum Lot Area | Lot Width | Front Yard | Side Yard | Rear Yard |
Zoning | Minimum Lot Area | Lot Width | Front Yard | Side Yard | Rear Yard |
RC | 10 acres | 300 | 50 | 50 | 50 |
AG | 10 acres | 200 | 40 | 50 | 50 |
R1 through R16 | 10 acres | 200 | 40 | 50 | 50 |
VC | None | 65 | *** | 10**** | 40 |
GC | 12,000 | 100 | 25 | 8 | 25 |
MX | 12,000 | 75 | 20 | 8 | 35 |
LI | 40,000 | 100 | 25 | 15 | 40 |
GI | 40,000 | 100 | 25 | 15 | 40 |
ORI | 40,000 | 100 | 25 | 15 | 40 |
*** For development within the Village Center Zoning District see also §§ 1-19-7.500(B)(2) and (3) **** Or as determined under §§ 1-19-7.500(B)(3), whichever is greater | |||||
(D) The maximum height shall be the height of the existing primary historic structure, or as otherwise determined by the Historic Preservation Commission. For new structures to be built on the historic site, or additions to a historic structure, the maximum height shall be determined by the Historic Preservation Committee, but in no event shall the height exceed 10% more than the height of the primary historic structure on the site.
(E) Parking will not be permitted within the required setback areas.
(F) (1) In the VC District, all events shall occur only within the existing historic structure, which must be currently listed on the Frederick County Register of Historic Places. Conversion of existing historic structures or sites may include the expansion of structures or alterations to the historic site. However, the existing external appearance of a historic structure must be maintained, although it may be upgraded, repaired, or expanded with approval of the Historic Preservation Commission as provided in Chapter 1-23 of this Code. New structures that are proposed to be erected on the historic site must receive approval of the Historic Preservation Commission as well as all other approvals required under this chapter.
(2) In all other zoning districts, the events shall occur only in an existing historic structure or at a designated historic site, each of which must be currently listed on the Frederick County Register of Historic Places. Conversion of existing historic structures or sites may include the expansion of structures or alterations to the historic site. However, the existing external appearance of a historic structure must be maintained, although it may be upgraded, repaired, or expanded with approval of the Historic Preservation Commission as provided in Chapter 1-23 of this Code. New structures that are proposed to be erected on the historic site must receive approval of the Historic Preservation Commission as well as all other approvals required under this chapter.
(G) Each event may begin no earlier than 10:00 a.m. and end no later than 10:00 p.m. The hours of operation may be further reduced if determined necessary to protect nearby properties from noise, light, or other disturbances. This determination will be based on the site and neighborhood characteristics, such as distance between the activities and the property lines, proximity to neighboring homes, topography, existing and proposed screening, and other aspects that may increase or decrease the potential impacts to the neighborhood.
(H) The location where music will be played and the time by which music must end shall be identified in the application. Music shall not exceed 40 decibels as measured at the property lines. Outdoor music may be prohibited when it is determined to be detrimental to nearby property owners. Indoor music may be restricted or prohibited where sound is not adequately contained within the walls of the structure and impacts adjoining properties.
(I) The maximum number and location(s) of potential tents must be identified in the application. Audible and visual impacts to adjoining properties and the neighborhood shall be considered in determining if the number and location of the tent(s) are appropriate and where outdoor activities may occur.
(J) A traffic management plan shall be provided by the applicant that demonstrates how vehicles will safely enter and exit the site during the peak hours of operation with minimal interruption to the traffic flow on the public street.
(K) The owner of the property must enter into a Facility for Functions Memorandum of Understanding (Facility MOU) with the County, which shall be negotiated with Division staff and approved by the Zoning Administrator based on the Board of Appeals' conditions of approval of the special exception, prior to making application for site plan approval. The Facility MOU must include:
(1) A statement that the owner agrees to comply with any limitations and conditions of approval established by the Board of Appeals and agrees to comply with all of the requirements for establishing the use as outlined under subsection (O) below.
(2) An acknowledgment by the owner that failure to comply with the provisions of the Facility MOU at any time, whether prior to or after the establishment of the use, will be a violation of Chapter 1-19 of the County Code and that enforcement action may be taken by the County in accordance with § 1-19-2.110 and § 1-19-2.210 through § 1-19-2.230.
(3) An agreement by the owner to notify the Zoning Administrator prior to the sale or transfer of the property.
(4) A condition stating that, if a facility for functions changes ownership, the new owner will enter into a Facility MOU in accordance with subsection (K) prior to engaging in any facilities for functions activities, and apply for and receive an occupancy permit.
(5) A statement that the owner agrees to work with the Zoning Administrator to resolve noise, light, and traffic related complains that are received by the County from neighboring property owners.
(L) All exterior changes to the structures and/or site must be approved by the Historic Preservation Commission.
(M) One freestanding sign no more than 15 feet in height and 25 square feet in area is permitted and shall be subject to the normal setback requirement in the zoning district.
(N) Within the RC District, the requirements of § 1-19-7.200 of this Code will be met.
(O) After a special exception and Facility MOU has been approved under this section the following requirements must be satisfied prior to establishing the use:
(1) A site development plan application must be filed with the County;
(2) The site plan must be reviewed by the Historic Preservation Commission;
(3) Any proposed alterations to the exterior of structures or the site must receive approval from the Historic Preservation Commission in accordance with Chapter 1-23 of the County Code;
(4) The Planning Commission will review and approve the site plan if it meets the requirements under this chapter; and
(5) The use may be established on the property only after site development plan approval from the Historic Preservation Commission and the Planning Commission, and after all necessary Certificates of Appropriateness and permits have been applied for, approved, and a Certificate of Occupancy issued.
(Bill No. 22-12, 7-26-2022)