Sec. 59-G-2.30.00. Landscape contractor.

This use may be allowed together with incidental buildings upon a finding by the Board of Appeals that the use will not constitute a nuisance because of traffic, noise, hours of operation, number of employees, or other factors.  It is not uncommon for this use to be proposed in combination with a wholesale or retail horticultural nursery, or a mulch/compost manufacturing operation.  If a combination of these uses is proposed, the Board opinion must specify which combination of uses is approved for the specified location.

   (1)   The minimum area of the lot must be 2 acres if there are any on-site operations, including parking or loading of trucks or equipment.

   (2)   Areas for parking and loading of trucks and equipment as well as other on site operations must be located a minimum of 50 feet from any property line. Adequate screening and buffering to protect adjoining uses from noise, dust, odors, and other objectionable effects of operations must be provided for such areas.

   (3)   The number of motor vehicles and trailers for equipment and supplies operated in connection with the contracting business or parked on site must be limited by the Board so as to preclude an adverse impact on adjoining uses. Adequate parking must be provided on site for the total number of vehicles and trailers permitted.

   (4)   No sale of plant materials or garden supplies or equipment is permitted unless the contracting business is operated in conjunction with a retail or wholesale nursery or greenhouse.

   (5)   The Board may regulate hours of operation and other on-site operations so as to prevent adverse impact on adjoining uses.

   (6)   In evaluating the compatibility of this special exception with surrounding land uses, the Board must consider that the impact of an agricultural special exception on surrounding land uses in the agricultural zones does not necessary need to be controlled as stringently as the impact of a special exception in the residential zones.

(Legislative History: Ord. No. 10-69, §9; Ord. No. 13-31, §5; Ord. No. 13-107, §3; Ord. No. 13-112, §1; Ord. No. 14-36, § 1 ; Ord. No. 14-49, § 1 .)

   Editor’s note—Section 59-G-2.30.00 is interpreted and quoted in Montgomery County v. Butler, 417 Md. 271, 9 A.3d 824 (2010).