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Defined
Artisan Manufacturing and Production means a structure used for the manufacture and production of commercial goods by a manual worker or craftsperson, such as jewelry, metalwork, cabinetry, stained glass, textiles, ceramics, or hand-made food products. Artisan Manufacturing and Production does not include any activity that causes noise, odor, or vibration to be detectable on a neighboring property.
Defined
Heavy Manufacturing and Production means a building used for the processing, manufacturing, or compounding of materials or products predominately from raw materials, which may include the storage of large volumes of highly flammable, toxic matter or explosives, and may involve outdoor operations as part of their manufacturing process. Heavy manufacturing processes have greater than average impacts on the environment or significant impacts on the use and enjoyment of adjacent property in terms of noise, smoke, fumes, odors, glare, or health and safety hazards. Heavy Manufacturing and Production does not include arsenals; blast furnaces; boiler works; distillation of bones; dumps; fat rendering; forge plants; incinerators, except when operated or licensed by a duly authorized public agency; ore reduction; packing houses, including meat canning or curing houses; petroleum refining, or storage in more than tank car lots; rolling mills; smelting; tanning, curing or dyeing of leather, rawhides or skins, or storage of skins; and wool pulling or scouring. Heavy Manufacturing and Production also does not include acetylene; ammonia, bleaching powder, chlorine; asphalt; celluloid or pyroxylin (or treatment of celluloid or pyroxylin); disinfectants; emery cloth or sandpaper; explosives, fireworks or gunpowder; fertilizers; gas for illumination or heating; glue, size, or gelatin; insecticides; lampblack; leather goods; linoleum; matches; mortar, lime, plaster, cement, gypsum; oil cloth or oiled products; paint, oil, shellac, turpentine or varnish employing a boiling or rendering process; potash; rubber or products made from rubber; soap; shoeblacking or polish; soda or soda compound; acids or other corrosive or offensive substances; tar or tar roofing or water proofing or other tar products or distillation of tar; and yeast, except as part of medical and biotechnical research and development.
1. Defined
Light Manufacturing and Production means a building used for the manufacturing of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products and parts, and incidental storage, sales, and distribution, where all manufacturing processes and noise, odor from processes other than food or beverage production, smoke, heat, glare and vibration resulting from the manufacturing processes are contained entirely within a building.
2. Use Standards
Where Light Manufacturing and Production is allowed as a limited use, and the subject lot abuts or confronts a property zoned Agricultural, Rural Residential, or Residential Detached that is vacant or improved with an agricultural or residential use, site plan approval is required under Section 7.3.4.
a. In CRN, CRT, and CR zones, the only light manufacturing uses allowed are:
i. brewing alcoholic beverages up to 22,500 barrels a year; and
ii. distilling alcoholic beverages up to 50,000 gallons per year.
b. In the EOF zone, the only use limitations are:
i. brewing alcoholic beverages up to 60,000 barrels a year; and
ii. distilling alcoholic beverages up to 100,000 gallons per year.
1. Defined
Medical/Scientific Manufacturing and Production means a building used for the manufacturing, compounding, processing, assembly, or packaging, including incidental storage, sales, and distribution, of cosmetics, drugs, perfumes, pharmaceuticals, toiletries, synthetic molecules, products resulting from biotechnical and biogenetic research and medical, scientific, or technical instruments, devices, and equipment.
2. Use Standards
Where Medical/Scientific Manufacturing and Production is allowed as a limited use, and the subject lot abuts or confronts a property zoned Agricultural, Rural Residential, or Residential Detached that is vacant or improved with an agricultural or residential use, site plan approval is required under Section 7.3.4.
(Legislative History: Ord. No. 18-35, §2.)
Mining, Excavation means a use that extracts rocks, minerals, and other natural resources from the ground. Mining, Excavation only includes borrow pit, rock extraction, and gravel mining.
1. Where Mining, Excavation is allowed as a limited use, it must satisfy the following standards:
a. It must be recommended as appropriate in the applicable master plan, be in existence before 1958, and have a maximum of 4,000 square feet of enclosed structures in the aggregate; and
b. It includes the extraction, processing, storage and sale of mineral resources and products (which may include incidental sales of mineral resources not extracted on the premises), and accessory uses such as a storage yard, a facility for the maintenance and repair of equipment, a loading facility, crushing, mixing, washing and screening of stone quarried on-site, stone works for the cutting and polishing of dimensional stone, and sale of equipment and building supplies associated with the installation of mineral products.
c. Mining, Excavation that is recommended as appropriate in the applicable master plan, is in existence before 1958, and has a minimum of 4,000 square feet up to a maximum of 7,500 square feet, in the aggregate of enclosed structures requires conditional use approval under Section 7.3.1. The conditional use standards in Section 3.6.5.B.2 do not apply.
2. Where Mining, Excavation is allowed as a conditional use, it may be allowed by the Hearing Examiner under Section 7.3.1, Conditional Use, if the use is recommended for the site by the applicable master plan, and the following standards:
a. The lot area has been determined by the sum of the area to be extracted plus that area required to meet the minimum setback standards, or the area required to meet the performance standards of the zone, whichever is greater; however, the minimum lot area is 10 acres.
b. A maximum of 10% of the lot is covered by buildings, including accessory buildings.
c. All quarries, pits, open mines, processing plants, screening, sorting, storage, stoneworks, stone cutting, stone polishing, loading, batching, mixing, maintenance, service and repair equipment, facilities and structures will be set back from property lines an amount sufficient to achieve the performance standards established by the Hearing Examiner.
d. Access to a public road must be available.
e. The maximum height of a building or structure is 90 feet above the natural grade of the portion of the site upon which the building or structure is situated,but facilities for rail loading abutting the right-of- way of a railroad are permitted to extend to a height of 25 feet above the grade of the railroad at the property line abutting the railroad right-of- way.
f. A minimum of 25% of the lot area designated for mining and excavation will be maintained in open space, including required buffer areas, landscaped or planted berms, forested areas, or areas devoted to agriculture.
g. Access roads, security patrol roads, railroad sidings, identifications, directional and safety warning signs, security fences and acoustical or visual screens, berms, or walls are permitted within the setback area.
h. The use is valid for a maximum of 3 years, and the use may be renewed by the Hearing Examiner.
i. In the AR zone, this use may be prohibited under Section 3.1.5, Transferable Development Rights.
(Legislative History: Ord. No. 18-08, § 6.)
1. Defined
Bus, Rail Terminal/Station means any structure and land used for bus and train arrivals and departures. Bus, Rail Terminal/Station does not include bus or train maintenance (see Section 3.5.13.D, Repair (Commercial Vehicle)).
2. Use Standards
Where a Bus, Rail Terminal/Station is allowed as a limited use, bus or train storage is prohibited.
1. Defined
Helipad, Heliport means a designated area, either at ground level or elevated on a structure, that is used on a regular basis for the landing and takeoff of rotorcraft. Helipad, Heliport includes support facilities such as refueling services, maintenance and cargo loading areas, tie-downs and hangars, administration offices, and other appropriate terminal facilities.
2. Use Standards
Where a Helipad, Heliport is allowed as a conditional use, it may be permitted by the Hearing Examiner under Section 7.3.1, Conditional Use, and the following standards:
a. All applications for Helipad, Heliport must provide noise analysis sufficient to make a finding of noise compatibility around the facility (the primary impact area) and along and under the principal access routes (the secondary impact area). The primary impact area includes the rotorcraft facility and the area within a 4,000 foot radius from the helipad. The secondary impact area includes all areas in the County along and under the principal access routes to the rotorcraft facility excluding the primary impact area.
b. The Helipad, Heliport noise analysis must include a description of detailed operational procedures that would minimize noise levels affecting sensitive land uses in both the primary and secondary impact areas (“fly neighborly” procedures). Based on use of these procedures and worst-day noise scenario with peak usage of the facility, projected rotorcraft noise level (in terms of day-night average sound level or DNL) must be developed using models approved by the Federal Aviation Administration (see FAA Advisory Circular 150/5020-2). This worst-day operational scenario becomes the maximum allowable limit for the type, weight, and noise characteristics of the rotorcraft proposed to use the facility; proposed number of operations; and approximate time of day that landings and departures could occur.
c. Rotorcraft operations are noise compatible if ambient DNL noise levels at noise sensitive areas with rotorcraft operations (post-rotorcraft ambient noise levels) exceed pre-rotorcraft ambient DNL levels by one decibel or less. If rotorcraft operations already exist in the vicinity, the cumulative impact of all operations must be calculated to determine compliance.
d. Instead of monitoring ambient conditions, the following noise- compatible land use planning goals for various land use types and densities must be used, as shown in the following table:
i. Maximum Compatible Sound Levels
Approximate Density Residential | Day/Night Average Sound Level (DNL) in A-Weighted Decibels |
Less than or equal to 1 unit per acre | 55 dBA |
2 units to 15 units per acre | 60 dBA |
Multi-unit and high rise | 65 dBA |
ii. Based on this table and the compatibility standard of allowing only a one-decibel increase in the ambient levels, the following table designates maximum rotorcraft sound levels:
Maximum Rotorcraft Sound Levels
Approximate Density Residential | Day/Night Average Sound Level (DNL) in A-Weighted Decibels |
Less than or equal to 1 unit per acre | 49 dBA |
2 units to 15 units per acre | 54 dBA |
Multi-unit and high rise | 59 dBA |
iii. Where ambient noise levels significantly differ from those in the Maximum Compatible Sound Levels table, measurements or modeling may be performed to establish compatibility standards appropriate to the ambient environment. Office, commercial, and industrial land uses will not be reviewed for noise impacts with the following 2 exceptions: (1) situations where it appears likely that workers will be subjected to noise levels in excess of LEQ1 = 75 dBA for an 8-hour period; (2) in CBD or Transit Station areas, where amenity spaces are provided, if it appears that noise impacts may be of such magnitude as to significantly reduce the usefulness or inhibit the proper function of these spaces for their intended purpose. In addition to the cumulative noise standards, the Hearing Examiner may designate additional conditions for use in the public interest which may include, but not be limited to, restricting the number of rotorcraft operations, restricting the hours of operation of the facility, restricting operations of high noise generating rotorcraft during noise-sensitive hours, or any combinations of these restrictions.
e. With the exception of operations on the helipad, all on-ground operations must satisfy the standards of Chapter 31B. In particular, heliport maintenance operations must satisfy these standards.
f. All applications for a Helipad/Heliport must also contain the following information:
i. An aerial photograph showing the primary impact area, as defined in Section 3.6.6.B.2.a, at a scale no less than one inch equals 400 feet showing the location of the proposed Helipad/Heliport; the approach and departure routes and altitudes within the primary impact area; the location of all residences, schools, churches, hospitals, and other areas used for the open assembly of people, and other noise sensitive uses that exist, have been approved for development, or are master planned within the primary impact area.
ii. A map showing the intended flight paths and altitudes within the secondary impact area, as defined in Section 3.6.6.B.2.a. This map must indicate the proposed routes and altitude restrictions, if any, found to be acceptable by the Federal Aviation Administration.
iii. Information concerning the type of rotorcraft facility proposed (helipad/heliport); the nature of the use (public use/private use); type, weight and noise characteristics of rotorcraft that would use the facility; the proposed number of operations and approximate time of day that landings and departures would occur for each type of rotorcraft; and finally, the facility's proposed operating hours.
iv. A plan must be submitted for the Hearing Examiner's approval that complies with all the heliport design guideline recommendations in the Federal Aviation Administration's Heliport Design Guide, Advisory Circular No. 150/5390-1B, dated August 22, 1977, as amended. These guidelines are the minimum standards for the design and approval of a Helipad/Heliport plan. Exemptions to specific standards contained in the heliport design guide may be approved by the Hearing Examiner, but only after receiving a recommendation for approval of the requested exemption from the Federal Aviation Administration.
v. For elevated facilities, an architectural drawing must be submitted which has been certified by a structural engineer licensed by the State of Maryland as demonstration that the structure will support the static and dynamic loads of rotorcraft proposed to use the facility, and that the fire safety regulations, as established in NFPA Publication #418, current edition, or any other regulations in effect at the time of application, have been satisfied.
vi. A copy of the “Notice of Landing Area Proposal,” a copy of the Federal Aviation Administration's response to the Notice of Landing Area Proposal, and a copy of the Air Space Determination from the Federal Aviation Administration must be submitted.
vii. In addition to the above requirements, the Hearing Examiner may require any additional information and analyses that may be relevant as the evidence of record and the public interest require.
g. Permission for a private use Helipad, Heliport may be granted by the Hearing Examiner for a 5-year period or such shorter period as the Hearing Examiner may specify in granting the conditional use. The conditional use may be renewed by the Hearing Examiner for additional periods, a maximum of 5 years each, if the same findings required for the initial approval by the Hearing Examiner can still be made.
h. Operators of approved Helipad, Heliport must maintain an accurate log of all rotorcraft operations, specifying each operation that occurs including the type of rotorcraft and the date and time of the operation. This log must be available for inspection by DPS as part of any inspection of operations for conditional uses. Failure to maintain the log or failure to make the log available to DPS as part of an inspection is a violation of the conditional use approval.
Defined
Railroad Tracks means fixed guideways for the movement of trains.
1. Defined
Taxi/Limo Facility means any structure or land for the dispatch or storage of taxis, limousines, or other vehicles for hire.
2. Use Standards
Where a Taxi/Limo Facility is allowed as a limited use, vehicle storage is prohibited.
1. Defined
Distribution Line (Above Ground) means an above ground electric line (carrying under 69,000 volts), cable line, or telephone line.
2. Use Standards
Where a Distribution Line (Above Ground) is allowed as a limited use, only electric distribution lines are allowed.
Defined
Distribution Line (Below Ground) means an underground electric line, cable line, or telephone line.
1. Defined
Pipeline (Above Ground) means an above ground conduit for the distribution of liquids or gas.
2. Use Standards
Where a Pipeline (Above Ground) is allowed as a conditional use, it may be permitted by the Hearing Examiner under Section 7.3.1, Conditional Use, and the following standards:
a. The proposed pipeline is necessary for public convenience and service.
b. The proposed pipeline will not endanger the health and safety of workers and residents in the community and will not substantially impair or prove detrimental to neighboring properties.
Defined
Pipeline (Below Ground) means an underground conduit for the distribution of liquids or gas.
1. Defined
Public Utility Structure means a utility structure other than transmission lines or pipelines. Public Utility Structure includes structures for the occupancy, use, support, or housing of switching equipment, regulators, stationary transformers, and other such devices for supplying electric service or other public utilities.
2. Use Standards
a. Where a Public Utility Structure is allowed as a limited use, and the subject lot abuts or confronts a property zoned Agricultural, Rural Residential, or Residential Detached that is vacant or improved with an agricultural or residential use, site plan approval is required under Section 7.3.4.
b. Where a Public Utility Structure is allowed as a conditional use, it may be permitted by the Hearing Examiner under Section 7.3.1, Conditional Use, and the following standards:
i. The proposed structure at the location selected is necessary for public convenience and service.
ii. The proposed structure at the location selected will not endanger the health and safety of workers and residents in the community and will not substantially impair or prove detrimental to neighboring properties.
iii. A Public Utility Structure allowed in any Rural Residential or Residential zone, must, whenever practicable, have the exterior appearance of a residential building and must have suitable landscaping, screen planting and fencing, wherever deemed necessary by the Hearing Examiner.
iv. The Hearing Examiner may waive the height limits of the applicable zone where, in the opinion of the Hearing Examiner, adjacent residential uses will not be adversely affected by the increased height.
v. An applicant for a Public Utility Structure may file a conditional use application if the applicant states in writing under oath that a bona fide effort has been made to obtain a contractual interest in the subject property for a valid consideration without success, and that there is an intent to continue negotiations to obtain the required interest or in the alternative to file condemnation proceedings should the conditional use be approved.
Defined
Freight Movement means any structure or land involved in the movement of goods or equipment, including temporary storage, for delivery to other facilities or the final consumer. Freight Movement does not include on-site sales activity.
1. Defined
Hazardous Material Storage means the storage of waste that the US Environmental Protection Agency (EPA) has determined are hazardous. Hazardous Material Storage includes materials on the F-list (wastes from common manufacturing processes), K-list (wastes from specific industries), and P- and U-lists (wastes from commercial chemical products) as well as characteristic wastes that are not included on any of the previous listings, but that generally exhibit ignitability, corrosivity, reactivity, or toxicity.
2. Use Standards
Where Hazardous Material Storage is allowed as a conditional use, it may be permitted by the Hearing Examiner under Section 7.3.1, Conditional Use.
1. Defined
Mineral Storage means any structure and land for the off-loading, transfer, or storage or sand, gravel, or rocks.
2. Use Standards
Where Mineral Storage is allowed as a limited use, it must be set back at least 750 feet from the nearest property in a Residential zone.
1. Defined
Self-Storage means a structure providing separate storage areas for personal or business use designed to allow private access by the tenant.
2. Use Standards
a. Where Self-Storage is allowed as a limited use, it must satisfy the following standards:
i. In the GR zone, site plan approval is required under Section 7.3.4.
ii. In the CR zone, Self-Storage is allowed only under the standard method of development under Section 4.5.3 and only:
(a) in a basement or cellar of a building used for other purposes;
(b) with the provision of on-site loading and unloading facilities;
(c) with doors for individual storage units in the interior of the building; and
(d) if signage is limited to a wall sign under Section 6.7.9.A.2 and the maximum area of the sign is 40 square feet.
b. Where Self-Storage is allowed as a conditional use, it may be permitted by the Hearing Examiner under Section 7.3.1, Conditional Use.
1. Defined
Storage Facility means any structure and land for the short- or long-term storage of goods or equipment, not including Self-Storage (See Section 3.6.8.D, Self-Storage).
2. Use Standards
Where a Storage Facility is allowed as a limited use, it must satisfy the following standards:
a. Outdoor storage is prohibited.
b. In the CRT and CR zones, only a facility up to 10,000 square feet of gross floor area is allowed.
c. In the EOF zone, only a facility up to 10,000 square feet of gross floor area is allowed; however, if the facility was legally existing on October 29, 2014, the following are allowed:
i. a facility greater than 10,000 square feet of gross floor area; and
ii. outdoor storage.
1. Defined
Landfill means a facility that collects and disposes of waste under State of Maryland requirements for landfills. A landfill includes land clearing debris landfills, rubble landfills, and industrial waste landfills. Incinerator means a facility intended to reduce waste to ash through combustion and may produce energy or heat for re-use. An incinerator includes medical incinerator. Transfer station means a facility that receives solid or liquid wastes from others for transfer to another location under State of Maryland requirements for transfer stations. Landfill, Incinerator, or Transfer Station is included in the Comprehensive Solid Waste Management Plan for Montgomery County.
2. Use Standards
Where a Landfill, Incinerator, or Transfer Station is allowed as a conditional use, it may be permitted by the Hearing Examiner under Section 7.3.1, Conditional Use, and the following standards:
a. The proposed use must meet all applicable requirements and conditions for State of Maryland permits.
b. The applicant must provide a detailed plan showing the proposed truck haul route to the nearest major highway and traffic engineering studies and analyses demonstrating the effects of the proposed conditional 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 detailed plan submitted by the applicant must include:
i. 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.
ii. the load limits of all bridges which the hauling route will cross,
iii. the segments of the road which are "closed" by curb and gutters, and "open" to roadside swales or ditches,
iv. the hours and days when the property will accept vehicles, and
v. 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
vi. 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 DPS, for instances when the presence of toxic, hazardous, or special medical wastes is discovered or suspected.
d. 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 a plan acceptable to DPS. The applicant must describe how the transfer station operations will conform to the water quality and quantity requirements of Chapter 19, without any waiver.
e. The site must conform to the National Fire Protection Association (NFPA) Standard 46, "Recommended Safe Practice for Storage of Forest Products". The standards are mandatory and not recommendations.
f. Any transfer of solid waste or sorting of recyclable materials must occur only in a wholly enclosed building.
g. The outdoor storage of solid waste or recyclable materials must be in leakproof, fly-and- rodent proof containers.
h. Impervious surfaces must be provided for all areas where the handling, sorting, storage, or transporting of solid waste or recyclable materials occurs.
i. Any water that comes into contact with solid waste must be discharged to the sanitary sewer system that satisfies an industrial discharge permit.
j. Water runoff must be discharged only into the sanitary sewer system.
k. 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.
l. 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.
m. There must be at least a 200 foot buffer between the proposed sorting and storage operations and any lot line.
1. Defined
Recycling Collection and Processing means any structure or land used for the collection and recovery of paper, metals, plastic, glass, lumber, presorted construction or demolition debris, or other marketable scrap where the materials are separated, collected, processed, or marketed in the form of raw materials or products and result in less than 10% non-marketable waste by volume and inventory stored on-site must be turned over at least once every 3 months. Recycling Collection and Processing includes an automobile recycling facility, but does not include a transfer station (See Section 3.6.9.A, Landfill, Incinerator, or Transfer Station).
2. Use Standard
Where Recycling Collection and Processing is allowed as a limited use, recycling of construction and demolition debris is prohibited unless the use was lawfully existing on October 29, 2014. The recycling of automobiles is also prohibited.
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