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A sawmill special exception may be granted; provided, no saw or other machinery will be located less than 50 feet from any lot line or street line, and all power saws and machinery will be secured against tampering and locked when not in use.
(Legislative History: Ord. No. 13-107, § 3.)
A special exception may be granted for secondary agricultural processing, subject to the following requirements:
(a) The minimum area of the lot must be 5 acres.
(b) The minimum setback from any property line must be 50 feet.
(c) The board may regulate hours of operation, numbers of vehicles and personnel employed and other on-site operations so as to prevent adverse impact on adjoining uses.
(d) The property must front on and have access to a road built to primary or higher standards.
(e) Adequate parking must be provided on site in accordance with the requirements for an industrial or manufacturing establishment or warehouse, as stated in article 59-E.
(f) In evaluating the compatibility of this special exception with surrounding land uses, the board must determine whether those uses are primarily agricultural or residential. The board must consider the fact that this is a use related to agriculture when located in the Rural, Rural Cluster, or Rural Density Transfer zone, and its impact on other agricultural uses does not necessarily need to be controlled as stringently as its impact on residential uses. The use is not permitted, however, in the portion of a rural cluster development regulated by section 59-C-9.52.
(Legislative History: Ord. No. 10-69, § 9.)
A special exception may be granted for a private solid waste transfer station, sanitary landfill, or incinerator, subject to the following provisions and in addition to the findings required in division 59-G-1:
(a) The proposed use must meet all applicable requirements and conditions for State of Maryland permits as set forth in Maryland Code Environment Article , Section 9-204 et seq. and Code of Maryland Regulations (COMAR) Section 26.04.07.
(b) The applicant has provided a detailed plan, under which the applicant will be bound, showing the proposed truck haul route to the nearest major highway and traffic engineering studies and analyses demonstrating the effects of the proposed special exception use on present and projected levels of service, adequacy of the present and planned road system, road safety conditions, bridge capacity, and other factors related to traffic flow and safety. The Board must find that the proposed use will not adversely affect present and projected levels of service, adequacy of the present and planned road system, road safety conditions, bridge capacity and other factors related to traffic flow and safety. The detailed plan submitted by the applicant must include:
(1) a map of the hauling route indicating the classification of all roads and the width of the respective rights-of-way, as well as the number of lanes as built.
(2) the load limits of all bridges which the hauling route will cross,
(3) the segments of the road which are "closed" by curb and gutters, and "open" to roadside swales or ditches,
(4) the hours and days when the property will accept vehicles, and
(5) the steps which the applicant will take to maintain the hauling route free of debris from vehicles accessing or leaving applicant's facility and control the number of vehicles accessing and leaving the site on a daily, weekly, monthly, and extraordinary basis, and
(6) designation of on-site queuing spaces sufficient to accommodate the anticipated hauling vehicles without causing the vehicles to queue into the public right-of-way. The number of queuing spaces must be at least one-half of the number of trucks expected during the peak hours of operation.
(c) The applicant must have and adhere to an emergency notification and mitigation plan, acceptable to the Director, for instances when the presence of toxic, hazardous, or special medical wastes is discovered or suspected.
(d) The Board may limit hours of operation, number of vehicles and personnel employed, screening, landscaping, lighting, and method of operation to ensure that the conditions of Section 59-G-1.21(a) and this Section are met. The operator must maintain records of its operations that are acceptable and available to the Director for inspection during normal business hours.
(e) The site must be operated in a manner that contains noise, odors, air and water pollution at acceptable levels under County, State and federal laws or regulations. To protect the public health, safety and welfare, the applicant must provide on-site and off-site monitoring of air pollution, noise, ground water, and surface waters in accordance with a plan acceptable to the Director. The applicant must describe how the transfer station operations will conform to the water quality and quantity requirements of Chapter 19, without any waiver.
(f) The site must conform to the National Fire Protection Association (NFPA) Standard 46, "Recommended Safe Practice for Storage of Forest Products" except that the standards are mandatory and not recommendations.
(g) Any transfer of solid waste or sorting of recyclable materials must occur only in a wholly enclosed building.
(h) The outdoor storage of solid waste or recyclable materials must be in leakproof, fly-and- rodent proof containers.
(i) Impervious surfaces must be provided for all areas where the handling, sorting, storage, or transporting of solid waste or recyclable materials occurs.
(j) Any water that comes into contact with solid waste must be discharged to the sanitary sewer system in conformance with an industrial discharge permit.
(k) Water runoff must be discharged only into the sanitary sewer system.
(l) A solid waste transfer station operation must not be located on any part of a floodplain or wetland, or within 300 feet of a stream.
(m) Each site must be accessible directly from a roadway consisting of sufficient lanes to provide separate turning lanes and through lanes for large trucks to assure safe ingress and egress and not impede through traffic.
(n) There must be at least a 200 foot buffer between the proposed sorting and storage operations and any lot line.
(Ord. No. 13-18, § 4; Ord. No. 13-68, § 4.)
A special exception may be granted for an outdoor storage use, including portable toilet storage, subject to the following requirements:
(a) The minimum area of the property must be 8 acres.
(b) The minimum setback from any property line must be 50 feet, except that the minimum setback may be reduced to 20 feet for structures that existed as of January 1, 1995, and if the site abuts land classified in the Rural Cluster Zone that is not developed under the cluster option of the Rural Cluster Zone.
(c) The property must front on and have direct access to a road built to primary or higher standards.
(d) Screening that prevents visual impact of the use to adjoining and confronting properties must be provided for all parking areas and all exterior areas devoted to on-site operations and the storage of inventory and equipment except where the use abuts or confronts commercially or industrially zoned property.
(e) The Board may regulate hours of operation, numbers of vehicles and personnel employed, and other on-site operations, including minor repairs to equipment and vehicles used in the operation of the business, so as to prevent adverse impact on adjoining uses.
(f) One and one-half parking spaces must be provided on-site for each 1,000 square feet of total floor area and sufficient area provided for loading and unloading of trucks.
(Legislative History: Ord. No. 16-17, § 2.)
A commercial swimming pool, including accessory buildings, may be allowed, upon a finding by the board that such use will not constitute a nuisance because of traffic, noise or physical activity; provided, that the following minimum area, frontage and setback requirements shall be complied with:
(a) Area, 5 acres.
(b) Frontage, 300 feet.
(c) Setback, 50 feet from the front property line, 35 feet from the rear line and 25 feet from each side property line.
Cross reference-Swimming pools, .
The provisions of subsection 59-G-1.21(a) do not apply to this section. In any zone, a community swimming pool may be allowed provided that such use of land will conform to the following minimum requirements:
(a) The swimming pool, including the apron and any buildings, must not at any point be closer than 75 feet from the nearest property line nor closer than 125 feet from any existing single-family or two-family dwelling; provided, that where the lot upon which it is located abuts a railroad right-of-way, publicly owned land or land in a commercial or industrial zone such pool may be constructed not less than 25 feet at any point from such railroad right-of-way, publicly owned land or commercial or industrial zone. Any buildings erected on the site of any such pool must comply with the yard requirements of the zone in which the pool is located.
(b) A public water supply must be available and must be used for the pool or use of a private supply of water for the pool will not have an adverse affect on the water supply of the community.
(c) When the lot on which any such pool is located abuts the rear or side lot line of, or is across the street from, any land in a residential zone, other than publicly owned land, a wall, fence or shrubbery must be erected or planted so as to substantially screen such pool from view from the nearest property of such land in a residential zone.
(d) The following additional requirements must also be met: Special conditions deemed necessary to safeguard the general community interest and welfare, such as provisions for off-street parking, additional fencing or planting or other landscaping, additional setback from property lines, location and arrangement of lighting, compliance with County noise standards and other reasonable requirements, including a showing of financial responsibility by the applicant, may be required by the Board as requisite to the grant of a special exception. Financial responsibility must not be construed to mean a showing of a 100 percent cash position at the time of application but is construed to mean at least 60 percent.
Cross reference-Swimming pools, .
Prior to March 3, 1967, in any RE-2, R-200, R-90 or R-60 zone, a tea house or restaurant and buildings accessory thereto may be allowed. Any tea house or restaurant in the above zones lawfully existing on March 3, 1967, is a conforming use and may be continued, structurally altered, reconstructed or repaired so long as it remains an otherwise lawful use as previously permitted. Any alterations or reconstruction that results in an expansion of the existing floor area must be approved by special exception by the Board. No special exception for a tea house or restaurant in any of the above specified zones may be granted unless such tea house or restaurant was in existence and operating as such on March 3, 1967.
(Legislative History: Ord. No. 14-47, § 1.)
Cross reference-Eating and drinking establishments, .
(a) Any telecommunications facility must satisfy the following standards:
(1) A support structure must be set back from the property line as follows:
(A) In agricultural and residential zones, a distance of one foot from the property line for every foot of height of the support structure.
(B) In commercial and industrial zones, a distance of one-half foot from the property line for every foot of height of the support structure from a property line separating the subject site from commercial or industrial zoned properties, and one foot for every foot of height of the support structure from residential or agricultural zoned properties.
(C) The setback from a property line is measured from the base of the support structure to the perimeter property line.
(D) The Board of Appeals may reduce the setback requirement to not less than the building setback of the applicable zone if:
(i) the applicant requests a reduction; and
(ii) evidence indicates that a support structure can be located on the property in a less visually obtrusive location after considering the height of the structure, topography, existing vegetation, adjoining and nearby residential properties, if any, and visibility from the street.
(2) A support structure must be set back from any off-site dwelling as follows:
(A) In agricultural and residential zones, a distance of 300 feet.
(B) In all other zones, one foot for every foot in height.
(C) The setback is measured from the base of the support structure to the base of the nearest off-site dwelling.
(D) The Board of Appeals may reduce the setback requirement in the agricultural and residential zones to a distance of one foot from an off-site residential building for every foot of height of the support structure if:
(i) the applicant requests a reduction; and
(ii) evidence indicates that a support structure can be located in a less visually obtrusive location after considering the height of the structure, topography, existing vegetation, adjoining and nearby residential properties, and visibility from the street.
(3) The support structure and antenna must not exceed 155 feet in height, unless it can be demonstrated that additional height up to 199 feet is needed for service, collocation, or public safety communication purposes. At the completion of construction, before the support structure may be used to transmit any signal, and before the final inspection pursuant to the building permit, the applicant must certify to the Department of Permitting Services that the height and location of the support structure is in conformance with the height and location of the support structure as authorized in the building permit.
(4) The support structure must be sited to minimize its visual impact. The Board may require the support structure to be less visually obtrusive by use of screening, coloring, stealth design, or other visual mitigation options, after considering the height of the structure, topography, existing vegetation and environmental features, and adjoining and nearby residential properties. The support structure and any related equipment buildings or cabinets must be surrounded by landscaping or other screening options that provide a screen of at least 6 feet in height.
(5) The property owner must be an applicant for the special exception for each support structure. A modification of a telecommunications facility special exception is not required for a change to any use within the special exception area not directly related to the special exception grant. A support structure must be constructed to hold no less than 3 telecommunications carriers. The Board may approve a support structure holding less than 3 telecommunications carriers if:
(A) requested by the applicant and a determination is made that collocation at the site is not essential to the public interest; and
(B) the Board decides that construction of a lower support structure with fewer telecommunications carriers will promote community compatibility. The equipment compound must have sufficient area to accommodate equipment sheds or cabinets associated with the telecommunications facility for all the carriers.
(6) No signs or illumination are permitted on the antennas or support structure unless required by the Federal Communications Commission, the Federal Aviation Administration, or the County.
(7) Every freestanding support structure must be removed at the cost of the owner of the telecommunications facility when the telecommunications facility is no longer in use by any telecommunications carrier for more than 12 months.
(8) All support structures must be identified by a sign no larger than 2 square feet affixed to the support structure or any equipment building. The sign must identify the owner and the maintenance service provider of the support structure or any attached antenna and provide the telephone number of a person to contact regarding the structure. The sign must be updated and the Board of Appeals notified within 10 days of any change in ownership.
(9) Outdoor storage of equipment or other items is prohibited.
(10) Each owner of the telecommunications facility is responsible for maintaining the telecommunications facility in a safe condition.
(11) The applicants for the special exception must file with the Board of Appeals a recommendation from the Transmission Facility Coordinating Group regarding the telecommunications facility. The recommendation must be no more than 90 days old, except that a recommendation issued within one year before June 22, 2010, must be accepted for one year from the date of issuance. The recommendation of the Transmission Facility Coordinating Group must be submitted to the Board at least 5 days before the date set for the public hearing.
(12) The Board must make a separate, independent finding as to need and location of the facility. The applicant must submit evidence sufficient to demonstrate the need for the proposed facility.
(b) Any telecommunications facility special exception application for which a public hearing was held before November 18, 2002 must be decided based on the standards in effect when the application was filed.
(c) Any telecommunications facility constructed as of November 18, 2002 may continue as a conforming use.
(Legislative History: Ord. No. 15-54, § 11; Ord. No. 16-53, § 2.)
Editor’s note—Previous Sec. 59-G-2.58. Temporary structures, including farm markets was repealed by Ord. No. 13-110, § 4.
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