§ 131.0. Conditional Uses

Latest version.

Statement of Legislative Intent

Conditional Uses are authorized in specified zoning districts based on the presumption that they are generally appropriate and compatible in the specified districts. However, particular uses in particular locations may have characteristics or impacts that are not typical. Conditional Uses are not permitted automatically, but are subject to the regulations of this section and the conditions imposed by the Hearing Authority upon its approval of the proposed Conditional Use.

General Standards Required for Approval

The Hearing Authority shall have the power to permit Conditional Uses, provided the following general standards are met:

The proposed Conditional Use plan will be in harmony with the land uses and policies in the Howard County General Plan which can be related to the proposed use.

The nature and intensity of the use, the size of the site in relation to the use, and the location of the site with respect to streets giving access to the site are such that the overall intensity and scale of the use(s) are appropriate for the site.

The proposed use at the proposed location will not have adverse effects on vicinal properties above and beyond those ordinarily associated with such uses. In evaluating the proposed use under this standard, the Hearing Authority shall consider whether or not:

The impact of adverse effects such as, but not limited to, noise, dust, fumes, odors, intensity of lighting, vibrations, hazards or other physical conditions will be greater at the proposed site than it would generally be elsewhere in the same zoning district or other similar zoning districts.

The location, nature and height of structures, walls or fences, and the nature and extent of the existing and/or proposed landscaping on the site are such that the use will not hinder or discourage the development and/or use of adjacent land and structures more at the subject site than it would generally elsewhere in the same zoning district or other similar zoning districts.

The number of parking spaces will be appropriate to serve the particular use. Parking areas, loading areas, driveways and refuse areas will be appropriately located and buffered or screened from public roads and residential uses to minimize adverse impacts on adjacent properties.

The ingress and egress drives will provide safe access with adequate sight distance, based on actual conditions, and with adequate acceleration and deceleration lanes where appropriate. For proposed Conditional Use sites which have driveway access that is shared with other residential properties, the proposed Conditional Use will not adversely impact the convenience or safety of shared use of the driveway.

The proposed use will not have a greater potential for adversely impacting environmentally sensitive areas in the vicinity than elsewhere.

The proposed use will not have a greater potential for diminishing the character and significance of historic sites in the vicinity than elsewhere.

Additional Standards Required in Certain Residential Districts

The following standards shall apply to Conditional Uses proposed on land within residential developments in the R-ED, R-SC, R-SA-8, R-H-ED, R-A-15, R-APT, R-MH or R-VH Districts:

The Hearing Authority shall not approve a Conditional Use on land which was included in the density calculation for a residential development and which has no remaining residential development potential, based on the maximum density allowed in the zoning district.

The Hearing Authority may approve a Conditional Use on land which was included in the density calculation for a residential development, and which has development potential for at least one dwelling unit, if the Hearing Authority finds that:

The combination of uses within the development, including the residential, Conditional Use and open space uses, will result in an overall intensity of development which is in harmony with vicinal land uses and the policies of the Howard County General Plan.

The Conditional Use will not infringe on open space or result in damage or lack of protection for environmentally sensitive areas of the development.

No more than 30% of the parcel on which the Conditional Use is located will be covered by structures or impervious surface, including roads, parking lots, loading or storage areas, and sidewalks.

Compliance with Specific Requirements for a Conditional Use

A Conditional Use shall comply with the requirements for the specific use given in Section 131.0.N. Variances may not be granted to the requirements of Section 131.0.N except for modifications or expansions of existing Conditional Uses in accordance with Section 131.0.D.4 below.

Where a minimum lot size is given in Section 131.0.N for a Conditional Use, such a requirement shall not be deemed to prohibit the establishment of the Conditional Use on a lot which complies with the minimum area requirement and is also used for other Conditional Uses or uses permitted as a matter of right.

If more than one Conditional Use is located on a lot and the specific requirements of Section 131.0.N for the Conditional Uses are in conflict, the more stringent requirements shall apply to all Conditional Uses on the site.

The Hearing Authority may approve variances to the bulk regulations in Section 131.0.N, in accordance with the variance provisions of Section 130.0.B. for modifications and expansions of:

Existing Conditional Uses that were approved prior to July 12, 2001; and

Conditional Uses filed on or before March 5, 2001, and approved after July 12, 2001.

District Requirements

All regulations of the zoning district in which a Conditional Use is located shall apply to such uses, except where:

The requirements for a Conditional Use given in Section 131.0.N specifically amend the zoning district requirements or are more stringent than the zoning district requirements; or

A variance to the zoning district requirements is granted in accordance with Section 130.0.B.2; or

The Hearing Authority as a condition of approval imposes requirements which are more stringent than the requirements of the zoning district.

Pre-Submission Community Meeting, Petition and Public Hearing

A pre-submission community meeting is required prior to the initial submittal of a petition for a Conditional Use subject to the same procedures for such meetings as specified in Section 16.128 of the Subdivision and Land Development Regulations, and the following additional provisions:

Citizens may request a meeting with a staff member of the Department of Planning and Zoning to review the development proposal after the petition has been formally submitted to the Department.

The purposes of the pre-submission community meeting are to allow the petitioner to provide information to the community regarding the proposed Conditional Use and to allow community residents to ask questions and discuss any issues they have concerning the proposal.

If the petitioner does not submit the petition to the Department of Planning and Zoning within 1 year of the pre-submission community meeting, the petitioner shall hold another pre-submission community meeting, subject to the same notification and posting requirements as the first pre-submission community meeting.

A petition for Conditional Use shall be submitted to the Department of Planning and Zoning and shall include:

A Conditional Use plan which shows all existing and proposed uses, structures, parking areas, points of ingress and egress, landscaping, and the approximate location of relevant natural features which shall include wetlands, steep slopes, and tree and forest cover.

Information regarding noise, dust, fumes, odors, lighting levels, vibrations, non-sewage solid waste, hazards or other physical conditions resulting from the use which may adversely impact vicinal properties.

A statement that indicates:

(1)

Whether the property is served by public or private water and sewage disposal;

(2)

That additional information can be obtained from the Howard County Health Department; and

(3)

The current address of the Howard County Health Department.

Supporting documentation, such as traffic studies, market studies, and noise studies, may be required by the Department of Planning and Zoning at its discretion or by these Regulations.

For expansion or modification of an existing Conditional Use, the Department of Planning and Zoning may require information regarding compliance with previous requirements and conditions.

After a petition for a Conditional Use has been determined to be officially accepted by the Department of Planning and Zoning and a hearing date has been scheduled, the petition materials shall not be revised or replaced prior to the hearing. The technical staff report shall be based upon the materials in the petition at the time of acceptance. Supplemental materials may only be presented in testimony to the Hearing Authority.

Department of Planning and Zoning's Findings and Recommendations.

The Department of Planning and Zoning shall transmit its findings and recommendations concerning a Conditional Use petition to the Hearing Authority at least 7 days prior to the public hearing on a petition, provided, however, the Hearing Authority may reduce or waive this requirement in advance.

At any time any individual may submit a question to the staff of the Department of Planning and Zoning and related agencies concerning the findings and recommendations of the Department or related agencies. If a written response is requested, the question should be submitted in writing to the Department or Agency.

During the hearing either party may direct a question concerning the findings and recommendations of the Department of Planning and Zoning or related agencies to the Hearing Authority, and the Hearing Authority shall determine whether staff of the Department or related agencies shall respond and the form of the response.

A response by the Department of Planning and Zoning and related agencies to a question concerning the Technical Staff Report may be considered by the Hearing Authority only if the response is in writing.

The Hearing Authority shall hold at least one public hearing on the petition in accordance with Section 2.203 of the Howard County Code, and shall approve, disapprove or approve with conditions, the proposed development or use. Each decision by the Hearing Authority shall be in writing and shall state the reasons for the decision.

Burden of Proof

The applicant for a Conditional Use shall have the burden of proof, which shall be by a preponderance of the evidence and which shall include the burden of going forward with the evidence and the burden of persuasion on all questions of fact which are to be determined by the Hearing Authority or are required to meet any provisions of these Regulations.

Conditions of Approval

If the Conditional Use is approved, the Hearing Authority may attach conditions to the proposed use or plan as it deems necessary to ensure continuous conformance with all applicable standards and requirements. The Conditional Use plan, subject to such conditions, shall be made part of the decision and order of the Hearing Authority.

The Hearing Authority may place a time limit on a Conditional Use or may require renewal of the use after a certain time period as a condition of approval. On an application for renewal of a Conditional Use, the Hearing Authority shall determine whether the applicant has complied with the conditions and safeguards required by the Hearing Authority during the prior term. If the Hearing Authority finds that the applicant has been in substantial violation thereof, it shall deny the application for renewal. The Hearing Authority shall use the procedures given in Section 131.0.I.3.c.(1) through (3) below in considering requests for renewal.

The use, development or maintenance of a Conditional Use site in violation of the Conditional Use plan, or of any conditions imposed by the Hearing Authority, shall constitute a violation of these Regulations and shall be grounds for revocation of the Conditional Use.

The property owner or Conditional Use holder may petition the Hearing Authority for modification of conditions imposed in a Decision and Order approving a Conditional Use, in accordance with the following procedures:

A petition for modification of conditions shall be submitted in the same format and include the same information as a Conditional Use petition, clearly indicating the approved Conditional Use, the requested modifications, and the reasons for the request.

A petitioner shall certify that a copy of a request for modification of a condition to a Conditional Use Decision and Order has been sent by certified mail to adjoining property owners identified in the records of the Maryland Department of Assessments and Taxation and the parties of record, whose addresses shall be maintained by the secretary to the Hearing Authority.

The Hearing Authority shall hold a public hearing in accordance with the procedures for a Conditional Use petition. The public hearing shall be limited to consideration of the modification requested by the petitioner.

The Hearing Authority shall issue a written decision either upholding or modifying a condition imposed in the original Decision and Order.

After a decision is made, a new petition requesting modification of any of the conditions of approval shall not be accepted for at least 24 months after the date of the decision modifying or upholding the conditions of the original Decision and Order.

Establishment of Conditional Use

Site Development Plan Requirement

If required by the Department of Planning and Zoning, a Site Development Plan must be approved subsequent to the approval of a Conditional Use. The Site Development Plan must conform substantially to the Conditional Use plan.

Conformance with Conditional Use Plan

An approved Conditional Use shall not commence until:

The Site Development Plan is approved, if required;

All required building permits are issued; and

The development significantly conforms with the Conditional Use plan, including but not limited to structures, landscaping, parking areas, points of access, and lighting, unless an alternative schedule for completion of improvements is approved by the Hearing Authority. The Department of Planning and Zoning may approve minor modifications to the configuration of buildings or other improvements as long as they do not move closer to abutting residential properties or other uses that might be adversely impacted, unless the Hearing Authority revokes this administrative authorization in the Decision and Order.

Lapse of Decision Approving a Conditional Use

Except as provided in Subsections b, c, d and e below, a Decision and Order approving a Conditional Use shall become void unless a building permit conforming to the plans for which the approval was granted is obtained within two years, and substantial construction in accordance therewith is completed within three years from the date of the decision. A Decision and Order approving a Conditional Use for which a building permit is not necessary shall become void unless the use commences within two years from the date of the decision. If a decision is appealed, the time period for the use being appealed shall be measured from the date of the last decision.

The Hearing Authority may approve a phasing plan, in which only the first phase of a Conditional Use plan is subject to the time limits given above. The approval for future phases shall become void unless such phases are completed within a time period specified in the Hearing Authority's Decision and Order.

The Hearing Authority may grant as many as two extensions of the time limits given above. The extensions shall be for a period of time not to exceed three years each, and may be granted in accordance with the following procedures:

(1)

A request for an extension shall be submitted by the property owner prior to the expiration of the Conditional Use approval, explaining in detail the steps that have been taken to establish the use.

(2)

The property owner shall certify that a copy of the request for an extension has been sent by certified mail to adjoining property owners and to the addresses given in the official record of the Conditional Use case for all persons who testified at the public hearing on the petition.

(3)

The Hearing Authority shall provide opportunity for oral argument on the request at a work session if requested by any person receiving notice of the request. If no response is received within 15 days of the date of the written notification, a decision on the request may be made by the Hearing Authority without hearing oral argument.

(4)

The Hearing Authority may grant the request if it finds that establishment of the use in accordance with the approved Conditional Use plan has been diligently pursued. If oral argument is presented on the request, the Hearing Authority may deny the request if any of the oral arguments allege that changes have taken place in the circumstances which led to the original decision to approve the Conditional Use.

Notwithstanding that approval for a Conditional Use may have become void under Subsection c above, the Hearing Authority may grant a third extension of not more than two years from the date of lapse provided that:

(1)

The property owner submits a request for an extension that explains the steps taken to obtain a building permit and cause of delay;

(2)

Procedures in Subsections 131.0.I.3.c.(2) and (3) are followed; and

(3)

The Hearing Authority finds that obtaining the building permit in accordance with the approved Conditional Use has been diligently pursued and has been delayed by a change in Federal, State, or local law or policy or by the delay of any State or Federal agencies in issuance of any permits or approvals required for the Conditional Use.

Subsections a. and c. above shall not apply to any project for which plans are being actively processed in compliance with the procedures in Title 16, Subtitles 1 and 11 of the Howard County Code or were being actively processed in compliance with those subtitles when the applicable time period established by Section a. above expired.

If a condition of a previously granted special exception or Conditional Use is or has been previously modified, a petitioner may request and be granted one extension of time to obtain a building permit and complete substantial construction in addition to the two extensions that may be requested and granted pursuant to Section 131.0.I.3.c. above. Any extension of time granted pursuant to this subsection shall extend the deadline for obtaining a building permit by an additional two years and for completing substantial construction by an additional three years, and shall be measured from the date of the existing deadline. The Hearing Authority's consideration of a condition modification—related extension request pursuant to this subsection shall be governed by the procedures in Section 131.0.I.3.c.(1) through (4) above.

Enlargement or Alterations

The Hearing Authority may permit the enlargement or alteration of any existing use which is permitted by Conditional Use in the specified districts under the provisions of these Regulations, provided that in evaluating the enlargement or alteration, the Hearing Authority shall make all of the required findings applicable to the entire Conditional Use.

Abandonment

If any Conditional Use is discontinued for a continuous period of at least two years, the Conditional Use approval shall become void and a new application to the Hearing Authority shall be required prior to the re-establishment of the use.

Revocation of Conditional Use

If a Conditional Use site is used, developed or maintained in violation of these Regulations, the Department of Planning and Zoning may initiate action to revoke the Conditional Use as set forth below, in addition to other enforcement procedures authorized by these Regulations and the Howard County Code.

If a violation is not corrected within 30 days of the issuance of a violation notice the Department of Planning and Zoning may forward a copy of the violation notice to the Hearing Authority and request a revocation hearing.

The Hearing Authority shall schedule a public hearing to consider revoking the Conditional Use. The hearing shall be advertised as required by Section 2.203, "Notice to the Public" and Section 2.209, "Conduct of Board of Appeals Hearings; Original Jurisdiction" of the Howard County Code. In addition, at least 30 days written notice of the hearing shall be y registered mail to the property owner and the Conditional Use.

The public hearing shall be limited to consideration of issues relating to the alleged violations.

After holding a public hearing, the Hearing Authority shall issue a written decision as required in Section 2.211, "Decision and Order", of the Howard County Code revoking or reaffirming the Conditional Use. If the Conditional Use is reaffirmed, the Board may amend, add to, or delete any of the existing conditions of approval. The Board may also reaffirm the Conditional Use subject to a schedule for abatement of specified violations, with provision for automatic revocation if the abatement schedule is not met.

Editor's note— Due to a scrivener's error in the original Howard County Zoning Regulations, effective October 6, 2013, the phrase "be y registered mail" appears in Subsection 131.0 L.2 above. Until such time as additional legislation is enacted to alter the text of this subsection, it should be noted here that the phrase is intended to be "be by registered mail".

Clarification of Decision and Order

The Department of Planning and Zoning may at any time request clarification of a Decision and Order of the Hearing Authority granting a Conditional Use petition, in accordance with the following procedures:

The Department of Planning and Zoning shall submit a written request to the Hearing Authority, listing the portions of the Decision and Order which require clarification and the reason for the request.

The Hearing Authority shall schedule a public hearing to consider the request for clarification. The hearing shall be advertised as required by Section 2.203, "Notice to the Public" and Section 2.209, "Conduct of Board of Appeals Hearings; Original Jurisdiction" of the Howard County Code. In addition, at least 30 days written notice of the hearing shall be issued by registered mail to the property owner and the Conditional Use holder.

The public hearing shall be limited to consideration of issues related to the request for clarification.

After holding a public hearing, the Hearing Authority shall issue a written decision as required in Section 2.211, "Decision and Order", of the Howard County Code, amending the original Decision and Order to provide clarification as deemed necessary by the Board.

Conditional Uses and Permissible Zoning Districts

Conditional Use

Zoning Districts

R-ED

R-20

R-12

R-SC

R-SA-8

R-H-
ED

R-A-15

R-APT

R-MH

R-SI

R-VH

CCT

TOD

CAC

TNC

PGCC

POR

PEC

B-1

B-2

M-1

M-2

Age-Restricted Adult Housing

✓

Agribusiness

✓

Aircraft Landing and Storage Areas (Private Ownership)

✓

Animal Hospitals

✓

Antique Shops, Art Galleries and Craft Shops

✓

Athletic Facilities, Commercial, Indoor

✓

Athletic Facilities, Outdoor

✓

Barber Shop, Hair Salon, and Similar Personal Service Facilities

✓

Bed and Breakfast Inns

✓

Bottling of Spring or Well Water

✓

Buses, Boats, or Recreational Vehicles (Commercial Storage Lots)

✓

Cemeteries and Mausoleums

✓

Charitable or Philanthropic Institutions: Offices and Educational Programs

✓

Child Day Care Centers and Nursery Schools, Day Treatment and Care Facilities

✓

Communication Towers

✓

Contractor Storage Facility

✓

Country Inn

✓

Dwelling, Accessory Family

✓

Farm Tenant House

✓

Fast Food Restaurant

✓

Funeral Homes and Mortuaries

✓

Gases, Non-Toxic Inustrial (Manufacture, Sale, Storage, and Distribution)

✓

Gasoline, Fuel Oil, Liquified Petroleum, and Compressed Natural Gas, Bulk Storage of

✓

Golf Courses

✓

Guest House

✓

Historic Building Uses

✓

Home Based Contractors

✓

Home Occupations

✓

Junk Yard

✓

Kennels and Pet Grooming Establishments

✓

Landscape Contractors

✓

Limited Outdoor Social Assemblies

✓

Mobile Homes for Security Purposes

✓

Motor Vehicle Fueling Facility

✓

Movie Theaters, Legitimate Theaters, Dinner Theaters

✓

Museums and Libraries

✓

Nonprofit Clubs, Lodges, Community Halls and Camps

✓

Nursing Homes and Residential Care Facilities

✓

Pet Day Care Facilities

✓

Produce Stands

✓

Quarries - or Rock, Stone, Sand Excavations

✓

Religious Facilities, Structures and Land Used Primarily for Religious Activities

✓

Residential/Commercial Buildings

✓

Retreat Center

✓

Rubble Landfill and Land Clearing Debris Landfill Facilities

✓

Sawmills, Bulk Firewood Processing, Mulch Manufacture, or Soil Processing

✓

School Buses, Commercial Service

✓

Schools, Colleges, Universities - Private (Academic)

✓

Shooting Ranges - Outdoor Rifle, Pistol, Skeet and Trap

✓

Small Wind Energy Systems, Building Mounted

✓

Small Wind Energy Systems, Freestanding Tower

✓

Solar Facility, Commercial

✓

Spa, Country

✓

Storage or use of trailers, modular offices, office trailers, shipping containers, or refuse containers

✓

Two-family Dwellings, Accessory Apartments

✓

Used Merchandise, Retail Sale by Non-Profit Organizations

✓

Utility Uses, Public

✓

Winery, Farm - Class 1B

✓

Winery, Farm - Class 2

✓

Wrecked Vehicle Storage (Temporary)

✓

Yard Waste Composting Facility

✓

The Hearing Authority may grant Conditional Uses in the specified districts in accordance with the following minimum criteria.

Age-restricted Adult Housing

Age-Restricted Adult Housing, General

A Conditional Use may be granted in the R-ED, R-20, R-12, R-SC, R-SA-8, R-H-ED, R-A-15, or R-APT District, for age-restricted adult housing, provided that:

(1)

Single-family detached, semi-detached, multi-plex, attached and apartment dwelling units shall be permitted, except that only detached, semi-detached, multi-plex and single-family attached units are permitted in developments with less than 50 dwelling units in the R-ED, R-20 and R-12 districts.

(2)

In the R-ED, R-20, R-12, R-SC, R-SA-8, R-H-ED, R-A-15, or R-APT Districts the development shall have a minimum of 20 dwelling units.

(3)

The maximum density shall be as follows:

Zoning District	Number of Dwelling Units in Development	Maximum Units Per Net Acre
R-ED and R-20	20—49 50 or more	4 5
R-12	20—49 50 or more	5 6
R-SC	20—49 50 or more	7 8
R-SA-8	20 or more	12
R-H-ED	20 or more	10
R-A-15	20 or more	25
R-APT	20 or more	35

(4)

Site Design:

The landscape character of the site must blend with adjacent residential properties. To achieve this:

(a)

Grading and landscaping shall retain and enhance elements that allow the site to blend with the existing neighborhood.

(b)

The project shall be compatible with residential development in the vicinity by providing either:

(i)

An architectural transition, with buildings near the perimeter that are similar in scale, materials and architectural details to neighboring dwellings as demonstrated by architectural elevations or renderings submitted with the petition; or

(ii)

Additional buffering along the perimeter of the site, through retention of existing forest or landscaping, enhanced landscaping, berms or increased setbacks.

(c)

For projects with less than 50 dwelling units in the R-ED, R-20 and R-12 Districts, setbacks from existing public streets shall be the same as the setback required for residential uses on adjacent properties.

(5)

Bulk Requirements

(a)

Maximum Height:

(i)

Apartments ..... 40 feet

Except in R-SA-8, R-A-15 and R-APT\55 feet

(ii)

Other Principal Structures ..... 34 feet

(iii)

Accessory Structures ..... 15 feet

(b)

Minimum Structure and Use Setback:

(i)

From Public Street Right-of-way ..... 40 feet

(ii)

From residential lots in RC, RR, R-ED, R-20, R-12 or R-SC Districts:

Apartments\100 feet

Single-family attached\75 feet

Single-family detached, semi-detached, and multi-plex\40 feet

(iii)

From open space, multi-family or non-residential uses in RC, RR, R-ED, R-20, R-12 or R-SC ..... 30 feet

(iv)

From zoning districts other than RC, RR, R-ED, R-20, R-12 or R-SC ..... 20 feet

(c)

Minimum structure setback from interior roadway or driveway for units with garages ..... 20 feet

(d)

Minimum structure setback from lot lines for single-family detached or multi-plex units

(i)

Side ..... 10 feet

Except zero lot line dwellings\0 feet

A minimum of 10 feet must be provided between structures

(ii)

Rear ..... 20 feet

(e)

Minimum distance between single-family detached and/or attached dwellings:

(i)

For units oriented face-to-face ..... 30 feet

(ii)

For units oriented side-to-side ..... 15 feet

(iii)

For units oriented face-to-side or rear-to-side ..... 20 feet

(iv)

For units oriented rear-to-rear ..... 40 feet

(v)

For units oriented face-to-rear ..... 100 feet

(f)

Minimum distance between apartment buildings or between apartment buildings and single-family dwellings:

(i)

For units oriented face-to-face ..... 30 feet

(ii)

For units oriented side-to-side ..... 15 feet

(iii)

For units oriented face-to-side or rear-to-side ..... 30 feet

(iv)

For units oriented rear-to-rear ..... 60 feet

(v)

For units oriented face-to-rear ..... 100 feet

(g)

Apartment buildings and groups of single-family attached units may not exceed 120 feet in length. However, the Hearing Authority may approve a greater length, up to a maximum of 300 feet in R-SA-8, R-A-15 and R-APT, or 200 feet in other districts, based on architectural design that mitigates the visual impact of the increased length.

(6)

At least 50% of the gross site area in the R-ED Districts, at least 35% in the R-20, R-12, and R-SC Districts, and at least 25% in R-SA-8, R-H-ED, R-A-15 and R-APT Districts, shall be open space or open area in accordance with the Subdivision and Land Development Regulations. The open space or open area shall provide amenities such as pathways, seating areas and recreation areas for the residents, and shall be protective of natural features.

(7)

Accessory uses may include social, recreational, educational, housekeeping, security, transportation or personal services, provided that use of these services is limited to on-site residents and their guests.

(8)

At least one on-site community building or interior community space shall be provided that contains a minimum of:

(a)

20 square feet of floor area per dwelling unit, for the first 99 units with a minimum area of 500 square feet, and

(b)

10 square feet of floor area per dwelling unit for each additional unit above 99.

(9)

Loading and trash storage areas shall be adequately screened from view.

(10)

For a development that will be built in phases, open space areas, recreational facilities and other accessory facilities shall be provided in each phase to meet the needs of the residents. The developer shall provide a schedule for the installation of facilities at the time the Conditional Use is approved.

(11)

The petition shall establish how the age restrictions required under the definition of this use will be implemented and maintained over times. If the development will not be a rental community under single ownership, an entity such as a condominium association or homeowners association shall be established to maintain and enforce the age restrictions in addition to County enforcement of zoning regulations.

(12)

All open space, common areas and related improvements shall be managed and maintained by a common entity, either the owner of the development, a condominium association, or a homeowners association.

(13)

The development shall incorporate universal design features from the Department of Planning and Zoning guidelines that identify required, recommended and optional features. The petition shall include descriptions of the design features of proposed dwellings to demonstrate their appropriateness for the age-restricted population. The material submitted shall indicate how universal design features will be used to make individual dwellings adaptable to persons with mobility or functional limitations and how the design will provide accessible routes between parking areas, sidewalks, dwelling units and common areas.

(14)

At least 10% of the dwelling units in the R-ED, R-20, R-12 and R-SC Districts, and at least 15% in the R-SA-8, R-H-ED, R-A-15 and R-APT Districts, shall be Moderate Income Housing Units.

(15)

Housing for the elderly special exceptions uses approved by the Board of Appeals on or prior to July 12, 2001 and constructed under the Zoning Regulations in effect at that time, may convert the existing dwelling units to age-restricted adult housing uses, with respect to minimum age restrictions only, without being subject to further hearing authority review and approval under current Conditional Use requirements, provided that the dwelling units are made subject to the new covenants and other legal means of enforcing the age-restricted adult housing minimum age restrictions, and that a copy of the recorded new covenants is submitted to the Department of Planning and Zoning to be filed in the original special exception case file.

(16)

The Conditional Use plan and the architectural design of the building(s) shall have been reviewed by the Design Advisory Panel, in accordance with Title 16, Subtitle 15 of the Howard County Code, prior to the submission of the Conditional Use petition to the Department of Planning and Zoning. The Petitioner shall provide documentation with the petition to show compliance with this criterion.

Age-Restricted Adult Housing, Multi-Plex

A Conditional Use may be granted in the R-ED, R-20, R-12, R-SC, R-SA-8, R-H-ED, R-A-15, R-APT, B-1 or B-2 Districts for age-restricted multi-plex adult housing, provided that:

(1)

The landscape character of the site must blend with adjacent residential development. To achieve this:

(a)

Grading and all landscaping shall retain and enhance elements that allow the site to blend and be compatible with adjacent residential development.

(b)

The project shall be compatible with adjacent residential development by providing either:

(i)

An architectural transition with buildings near the perimeter that are similar to neighboring dwellings in scale, materials and architectural detail as demonstrated by architectural elevations or renderings submitted with the petition, or

(ii)

Additional buffering along the perimeter of the site, through retention of existing forest or landscaping, enhanced landscaping, berms or increased setbacks.

(2)

The following criteria shall be met:

(a)

In the residential districts, one multi-plex dwelling unit building is permitted per acre. There shall be no more than five multi-plex dwelling unit buildings in a development. In the B-1 and B-2 Districts, the density shall be determined by available water and septic facilities.

(b)

The net floor area of a multi-plex dwelling unit building is limited to 5,000 square feet.

(c)

The multi-plex dwellings are limited to age-restricted adult housing. The petition must include copies of proposed deed restrictions or covenants that establish how the age restrictions required under the definition of age-restricted adult housing will be implemented and maintained.

(d)

The dwellings will incorporate universal design features from the Department of Planning and Zoning Guidelines that identify required, recommended, and optional features. The petition shall include descriptions of the design features of proposed dwellings to demonstrate their appropriateness for the age-restricted populations. The materials submitted shall indicate how universal design features will be used to make individual dwellings adaptable to persons with mobility or functional limitations and how the design will provide accessible routes between driveways, sidewalks, common areas and dwelling units.

(e)

Properties in the B-1 and B-2 Districts shall be outside of the Planned Service Area and adjoin, or be within 200 yards of a community shopping center development with a food store greater than 15,000 square feet.

(f)

The development has frontage on and direct access to a public road.

(g)

The minimum lot size is one gross acre in R-ED and R-20 and 20,000 square feet in R-12.

(3)

The development shall comply with the following bulk requirements:

(a)

Maximum Height

(i)

Principal Structures ..... 34 feet

(ii)

Accessory Structures ..... 15 feet

(b)

Minimum structure and use setback from perimeter of development:

(i)

From public street right-of-way ..... 40 feet

(ii)

From RC, RR, R-ED, R-20 or R-SC Districts, the setback applicable in the underlying zoning district.

(iii)

From Zoning districts other than RC, RR, R-ED, R-20 or R-SC ..... 20 feet

(c)

Minimum structure setback from interior roadway or driveway for units with garages ..... 20 feet

(d)

Minimum structure setback from lot lines:

(i)

Side ..... 10 feet

Except zero lot line dwellings\0 feet

A minimum of 10 feet must be provided between structures

(ii)

Rear ..... 10 feet

(e)

Minimum distance between principal structures ..... 10 feet

(4)

At least 35% of the gross site area shall be open space or open area in accordance with the Subdivision and Land Development Regulations. The open space or open area shall provide amenities such as pathways, seating areas and outdoor recreation areas for the residents, and shall be protective of natural features.

(5)

Accessory uses may include social, recreational, educational, housekeeping, security, transportation or personal services, provided that the use of these services is limited to on-site residents and their guests.

(6)

For developments with more than five multi-plex dwelling unit buildings, at least one on-site community building or interior community space shall be provided that contains a minimum of 500 square feet.

(7)

Agribusiness

A Conditional Use may be granted in the RC and RR District for the following commercial and industrial uses:

(1)

Farm supply and machinery repair sales, storage and services.

(2)

Biofuel production.

(3)

Bulk produce storage facilities including cooperatives, except that bulk grain storage is permitted as a matter of right.

(4)

Livestock slaughtering.

These uses are subject to the following:

(1)

The use shall be located on a parcel of at least 50 acres in the RC District only, or on a parcel of any size in the RC or RR District if it is an ALPP purchased or dedicated easement property.

(2)

All facilities, structures and uses shall be at least 200 feet from parcels principally used as residential lots, and the standard structure and use setbacks from adjoining farms or nonresidential land uses.

Aircraft Landing and Storage Areas (Private Ownership)

Private Use-storage of Three or Fewer Aircraft

A Conditional Use may be granted in the RC District, on properties that are not ALPP purchased or dedicated easement properties for private aircraft landing and storage areas where storage is limited to three or fewer aircraft, provided that:

(1)

The minimum area shall be 50 acres. Petitions where the minimum area comprises more than one lot must contain all property owners as petitioners.

(2)

The application for Conditional Use under this subsection shall be referred to the appropriate State and Federal aviation agencies for comments.

(3)

Areas used by fixed wing aircraft during take-off or landing shall be located at least 100 feet from any property line, at least 1,000 feet from any public or private institution, such as schools, hospitals, and churches, and at least 500 feet from any property line on the approach or departure ends of the runway. Areas used by helicopters during take-off and landing shall be at least 700 feet from any property line and at least 1,000 feet from any public or private institution, such as schools, hospitals, and churches.

(4)

Hangars shall be at least 200 feet from any property line. Other structures related to the Conditional Use shall be at least 150 feet from any property line, and no parking of aircraft shall be allowed within 100 feet of any property line. All setbacks provided for herein are to be measured from property lines.

(5)

Where feasible, all or part of the 500 feet "clear zone" from the approach or departure ends of the runway may be satisfied by properly certified navigational easements.

(6)

The use shall be limited to the storage of three or fewer aircraft, each having a gross weight of 12,500 pounds or less, and at least one of the aircraft shall be owned and principally used by a bona fide resident of the property.

(7)

No use granted herein shall allow instruction by or to any person in the operation or maintenance of aircraft.

(8)

Jet fixed wing aircraft may not use this facility.

Public or Private Use—Storage of 12 or Fewer Aircraft

A Conditional Use may be granted in the RC District on properties that are not ALPP purchased or dedicated easement properties for aircraft landing and storage areas where storage is limited to 12 or fewer aircraft, provided that:

(1)

The minimum area shall be 45 acres. Petitions where the minimum area comprises more than one lot must contain all property owners as petitioners.

(2)

The application for Conditional Use under this subsection shall be referred to the appropriate State and Federal aviation agencies for comments.

(3)

Areas used by fixed wing aircraft during take-off or landing shall be located at least 200 feet from any property line, at least 1,000 feet from any public or private institution, such as schools, hospitals, and churches, and at least 500 feet from any property line on the approach or departure ends of the runway. Areas used by helicopters during take-off and landing shall be at least 700 feet from any property line and at least 1,000 feet from any public or private institution, such as schools, hospitals, and churches.

(4)

(5)

Where feasible, all or part of the 500 feet "clear zone" from the approach or departure ends of the runway may be satisfied by properly certified navigational easements.

(6)

The use shall be limited to the storage of 12 or fewer aircraft each having a gross weight of 12,500 pounds or less, and at least one of the aircraft shall be owned and principally used by a bona fide resident of the property.

(7)

Jet fixed wing aircraft may not use this facility.

(8)

No use granted herein shall allow instruction by or to any person in the operation or maintenance of aircraft.

Public or Private Use—Storage of 13 or More Aircraft

A Conditional Use may be granted in the RC District on properties that are not ALPP purchased or dedicated easement properties for an aircraft landing and storage area with storage area for 13 or more aircraft, provided that:

(1)

The minimum lot size is 150 acres.

(2)

The application for Conditional Use under this subsection shall be referred to the appropriate State and Federal aviation agencies for comments.

(3)

The operation of the airport in accordance with the standards and requirements of the State and Federal aviation agencies will not require limitation of the heights of structures on adjacent land to less than the height limit specifically prescribed for the district in which such land is situated.

(4)

The use shall be limited to the storage of fifty non-jet aircraft for which a current airworthiness certificate has been issued by the Federal Aviation Administration, each having a gross weight of 6,000 pounds or less. All airport take-off and landing areas shall be provided with a dustless surface.

(5)

Areas used by fixed wing aircraft during take- off or landing shall be located at least 500 feet from any residential property line, 350 feet from any non-residential property line, 1,000 feet from any public or private institution, including schools, hospitals, and churches, and 1,000 feet, measured along an extension of the runway centerline, from any adjacent residential or commercial zones on the approach or departure ends of the runway. Areas used by helicopters during take-off and landing shall be at least 700 feet from any property line and at least 1,000 feet from any public or private institution, such as schools, hospitals, and churches.

Structures, including hangars, shall be at least 200 feet from any residential property line, and 100 feet from any non-residential property line, and no parking of aircraft or vehicles shall be allowed within 100 feet from any property line.

(6)

No commercial accessory uses are permitted except that tie-down fees may be charged by the owner and the sale of navigation charts and equipment is permitted.

(7)

Every airplane operator based at the airfield must register with the airport manager the following information:

(a)

aircraft registration number

(b)

owner's name, address and telephone number(s)

(c)

names, addresses and phone numbers of all pilots authorized to fly registered planes

(d)

type of plane and airplane colors or paint scheme

(8)

The airfield shall not be used for take-off and landing instruction or practice.

Animal Hospitals

A Conditional Use may be granted for an animal hospital in the RC or RR Districts, provided that:

The following criteria apply if outside pens or runs for dogs are included. They do not apply to paddocks for horses or other farm animals:

(1)

They will be at least 200 feet from any lot line and screened from roads and residential properties, except that an outdoor exercise area may be established adjoining the principal animal hospital building provided that it is of a reasonable size, is enclosed by a solid privacy fence, is at least 30 feet from any lot line, and is only operated when there is an employee in attendance within the outdoor exercise area; and

(2)

The hours of operation of the pens, runs, and/or outdoor exercise area will be established by the Hearing Authority.

Buildings where dogs are sheltered overnight will be located or soundproofed so that inordinate noises are not detectible at the lot lines overnight.

Disposal of wastes will be such that odors or other emissions are not perceptible at lot lines.

The road access to the use shall not be from a local road internal to a cluster subdivision and the driveway access to the use shall not be a shared driveway.

The use is located on a lot or parcel that is three acres or larger.

On an ALPP purchased or dedicated easement property, the following additional criteria are required:

(1)

The use shall not interfere with farming operations or limit future farming production.

(2)

Any new building or building addition associated with the use, including any outdoor storage and parking area shall count towards the cumulative use cap of 2% of the easement.

Antique Shops, Art Galleries and Craft Shops (Commercial)

A Conditional Use may be granted in the RC and RR Districts, on properties that are not ALPP purchased or dedicated easement properties for antique shops, art galleries and craft shops in existing structures, provided that:

No merchandise will be stored outside of structures, except outside displays during store hours only. Such displays may not extend into minimum required structure or use setback areas.

The road access to the use shall not be from a local road internal to a cluster subdivision and the driveway access to the use shall not be a shared driveway.

Athletic Facilities, Outdoor

Except where permitted as a matter of right, a Conditional Use may be granted in the RC and RR Districts, on properties that are not ALPP purchased or dedicated easement properties, and in the R-ED, R-20, R-12, R-SC, R-SA-8, R-H-ED, R-A-15, R-APT or R-MH Districts for the following outdoor athletic facilities: athletic fields; swimming pools, community; swimming pools, commercial; tennis courts; disk golf courses; ropes courses; and archery ranges provided that:

A Conditional Use shall not be required for facilities which are reserved for use by residents of a community and their guests, and which are located within neighborhoods or communities where all properties are included within recorded covenants and liens which provide for the operation and maintenance of the facilities.

Other athletic or recreational uses accessory to these principal uses are permitted if approved by the Hearing Authority.

Buildings, parking areas, and outdoor activity areas will be at least 100 feet from adjoining residentially-zoned properties other than public road right-of-ways. This buffer area shall not be available for athletic or recreational activities.

Adequate landscaping or other acceptable forms of buffering will be provided to screen outdoor uses from residential properties.

Reasonable standards for hours of operation and a detailed lighting plan in strict compliance with Section 134.0 shall be proposed by the petitioner and established by the Hearing Authority for each use. Based upon the scale of the facility, the Hearing Authority may also require a traffic study, a septic study, and/or a noise study.

Outdoor sound amplification will be permitted only if the source of the sound is a minimum 200 feet from adjoining residential property lines and it will not constitute a nuisance for residential properties in the vicinity. The petition must indicate the purposes of proposed amplification (such as announcing sports events, safety announcements, or entertainment), hours of use and the maximum anticipated noise level at the property lines.

Barber Shop, Hair Salon and Similar Personal Service Facilities

A Conditional Use may be granted in RC, RR or R-20 Districts for a barber shop, hair salon or similar personal service facilities provided that:

The use shall be located within a residence and conducted by the person or persons residing in said residence.

On lots less than one acre in size, the use shall be limited to one resident operator, with no other employees. On lots of one acre or larger, one additional operator or other employee may be permitted.

The road access to the use shall not be from a local road internal to a cluster subdivision and the driveway access to the use shall not be a shared driveway.

On the ALPP purchased or dedicated easement property, the following additional criteria are required:

(1)

The use shall not interfere with farming operations or limit future farming production.

(2)

The use shall operate within the principal dwelling unit. The dwelling and the parking associated with the proposed new facility shall count towards the cumulative use cap of 2% of the easement.

Bed and Breakfast Inns

A Conditional Use may be granted in the RC, RR, R-ED, R-20, R-12, R-SC, and R-VH Districts for a bed and breakfast inn, provided that:

The building is a dwelling which is a historic structure as defined in these Regulations.

The inn is managed and operated by the owner(s) of the dwelling and the dwelling must be the principal residence of the owner(s).

No public reception or public restaurant facilities are provided.

Exterior alterations to the historic dwelling shall be architecturally compatible with the historic structure as determined by the Historic District Commission prior to the approval of the Condition Use.

Extension or enlargement of the principal historical structure and all accessory structures may not exceed 50% of the gross floor area of each individual building above that which existed on August 1, 1989, when ZB 882R was adopted adding the Conditional Use for bed and breakfast inns to these Regulations.

Bed and Breakfast Inns are permitted as a matter of right in the RC and RR Districts on farms that are subject to ALPP purchased or dedicated Easements provided that the building existed at the time the easement was established and the use is managed by persons residing on the same parcel. If these criteria are met, Conditional Use approval is not required.

Bottling of Spring or Well Water

A Conditional Use may be granted in the RC or RR Districts for bottling of spring or well water, provided that:

The minimum lot size shall be 50 acres. The lot shall have frontage on, and direct access to, an arterial or collector public road.

All structures and uses related to the bottling operation shall be at least 100 feet from property lines.

Public tours and retail sales shall be permitted provided such uses are clearly accessory and incidental to the bottling operation and are approved by the Hearing Authority.

The petitioner shall demonstrate that the proposed use will not adversely affect existing wells in the vicinity and the availability of water for potential future wells in the vicinity.

On an ALPP purchased or dedicated easement property, the following additional criteria are required:

(1)

The use shall not interfere with farming operations or limit future farming production.

(2)

Although the spring or well site(s) may be located elsewhere, any new building addition and any outdoor storage and/or parking areas associated with the proposed new facility shall count towards the cumulative use cap of 2% of the easement.

10.

Buses, Boats or Recreational Vehicles (Commercial Storage Lots)

A Conditional Use may be granted in the B-2 District for commercial storage lots for buses, boats, recreational vehicles and similar items provided that:

The minimum lot size shall be five acres;

The parcel is located within the no Planned Service Area of the Howard County Water and Sewerage Master Plan;

All such vehicles parked or stored outside of a structure shall be screened from adjoining properties;

No such vehicles shall be parked or stored within 200 feet from a residential district, otherwise the vehicle parking and storage shall comply with the use setback requirements of the B-2 District.

Any parking spaces occupied by such vehicles shall be provided in addition to all other required parking spaces.

11.

Cemeteries and Mausoleums

A Conditional Use may be granted in the RC and RR Districts, on properties that are not ALPP purchased or dedicated easement properties, and in the R-ED, R-20, R-12, R-SC, R-SA-8, R-H-ED, R-A-15, R-APT, R-MH R-SI, I, R-VH, HO, HC, POR, CCT, B-1, B-2, SC, M-1 or M-2 Districts for cemeteries and mausoleums provided that:

Graves with headstones or permanent markers greater than 3 feet in height shall not be located within 30 feet of the property lines of adjacent residentially zoned lots in residential use.

The Hearing Authority may require walls, fences and/or planting of shrubbery, trees or vines as may be reasonable and proper to afford adequate screening.

When approving a cemetery, the Hearing Authority may authorize future construction of accessory structures not requiring further Hearing Authority approval, such as mausoleums, vaults, columbaria, and sheds. The area boundary within which the future changes are authorized must be delineated on the Conditional Use plan and located at least 50 feet from all property lines.

12.

Charitable or Philanthropic Institutions: Offices and Educational Programs

A Conditional Use may be granted in the RC and RR Districts, on properties that are not ALPP purchased or dedicated easement properties, and in the R-ED, R-20 and R-12 Districts for a charitable or philanthropic institution, provided that:

The minimum lot size in the R-ED, R-20 and R-12 Districts shall be one acre. The minimum lot size in the RC and RR Districts shall be three acres.

The facility shall be limited to office functions and areas for meetings and educational programs related to the organization's primary purpose. The Hearing Authority must specify the allowed capacity and frequency of educational programs.

Outdoor uses are limited to necessary parking and access, with the exception of nonprofit organizations whose primary purpose is environmental conservation, in which case the use may include outdoor areas used to demonstrate principals and methods of environmental conservation.

All parking areas and outdoor activity areas shall be screened from surrounding properties and roads by landscaping or other appropriate means and located and designed to shield residential property from noise or nuisance.

The design of new structures or additions to existing structures shall be compatible in scale and character with residential development in the vicinity, as demonstrated by architectural elevations or renderings submitted with the petition.

Buildings, parking areas and outdoor activity areas shall be at least 50 feet from adjoining residentially zoned properties other than public road right-of-ways.

At least 20% of the area within the building envelope shall not be used for buildings, parking areas or driveways. The building envelope is formed by the required structure and use setbacks of the Zoning Regulations for the zoning district and the Subdivision and Land Development Regulations.

13.

Child Day Care Centers and Nursery Schools, Day Treatment and Care Facilities

A Conditional Use may be granted in the RC and RR Districts, on properties that are not ALPP purchased or dedicated easement properties, and in the R-ED, R-20, R-12, R-SC, R-SA-8, R-H-ED, R-A-15, R-APT, R-VH, HO, or HC Districts for day treatment and care facilities, child day care centers and nursery schools provided that:

On-site circulation and parking areas shall be designed to minimize vehicular/pedestrian conflicts and to provide safe areas for dropping off and picking up passengers.

The minimum lot size in the RC and RR Districts shall be three acres and the minimum lot size in the R-ED, R-20, R-12, R-SC, R-SA-8, R-A-15, R-APT, R-VH, HO or HC Districts shall be one acre, except that uses approved prior to October 6, 2013 shall not be subject to this criteria.

Outdoor play areas or activity areas shall be fenced, located to the side or rear of the principal structure, and buffered from adjoining residential properties by landscaping or adequate distance or both.

Parking areas shall be located and landscaped to minimize their visibility from roads and adjacent residential properties.

The design and massing of proposed structures or additions to existing structures shall be generally compatible in scale and character with residential properties in the vicinity of the site, as demonstrated by architectural elevations or renderings submitted with the petition. Additional setbacks from property lines and landscape buffering shall be required if necessary to make the appearance of the site compatible with surrounding residential properties.

For facilities with a capacity of more than 30 children or adult clients at one time, the following standards apply:

(1)

The site has frontage on and direct access to a collector or arterial road designated in the General Plan, except that expansions of a Conditional Use that was approved prior to July 12, 2001 are permitted.

(2)

Buildings, parking areas and outdoor activity areas will be at least 50 feet from adjoining residentially-zoned properties other than public road right-of-ways.

(3)

At least 20% of the area within the building envelope shall be green space, not used for buildings, parking area or driveways. The building envelope is formed by the required structure setbacks from property lines and public street rights-of-way.

14.

Communication Towers

A Conditional Use may be granted for commercial communication towers in the following districts (provisions for permitted commercial communication antennas are in Section 128.0.E):

(1)

In the RC, RR, R-ED, R-20, R-12, R-SC, R-SA-8, R-H-ED, R-A-15, R-APT, R-MH, or PGCC Districts, except that antennas meeting the requirements of Section 128.0.E.4., and commercial communication towers located on government property, excluding School Board property, and with a height of less than 200 feet measured from ground level, are permitted as a matter of right.

(2)

In the POR, PEC, B-1, B-2, SC, BR and CE Districts for towers with a height of 200 feet or greater (including antennas) measured from ground level.

Conditional Use Criteria:

(1)

An applicant for a new communication tower shall demonstrate that a diligent effort has been made to locate the proposed communication facilities on a government structure or, on an existing structure or within a non-residential zoning district, and that due to valid considerations, including physical constraints, and economic or technological feasibility, no appropriate location is available. The information submitted by the applicant shall include a map of the area to be served by the tower, its relationship to other antenna sites in the area and, an evaluation of all existing structures taller than 50 feet, within one mile of the proposed tower.

(2)

New communication towers shall be designed to accommodate antennas for more than one user, unless the applicant demonstrates why such design is not feasible for economic, technical or physical reasons. Unless collocation has been demonstrated to be infeasible, the Conditional Use plan shall delineate an area near the base of the tower to be used for the placement of additional equipment buildings and cabinets for other users.

(3)

Ground level equipment and buildings and the tower base shall be screened from public streets and residentially-zoned properties.

(4)

Communication towers shall be grey or a similar color that minimizes visibility, unless a different color is required by the Federal Communications Commission or the Federal Aviation Administration.

(5)

No signals or lights shall be permitted on a tower unless required by the Federal Communications Commission or the Federal Aviation Administration.

(6)

A communication tower that is no longer used shall be removed from the site within one year of the date that the use ceases.

(7)

The communication tower shall comply with the setbacks for such structures as specified in Section 128.0.E.

(8)

On an ALPP purchased easement property, the use is not permitted except as a release of one acre for a public interest use per Section 15.516 of the Howard County Code.

(9)

On an ALPP dedicated easement property, the use is permitted, provided that the use shall not interfere with farming operations or limit future farming production, shall operate within a specified area, which shall be no larger than necessary for the tower and the ground mounted equipment structures, and the parking shall be within this same area. The tower, the ground mounted equipment and parking shall count towards the cumulative use cap of 2% of the easement.

15.

Reserved

16.

Contractor Storage Facility

A Conditional Use may be granted in the B-2 District for a contractor storage facility provided that:

The minimum lot size shall be five acres and the maximum lot size shall be 10 acres.

All outdoor storage uses, commercial vehicle and equipment parking shall be located a minimum of 100 feet from an adjacent residential district, 30 feet from other adjacent non-residentially zoned properties, and 50 feet from the public street rights-of-way of all public roads.

All outdoor storage uses, commercial vehicle and equipment parking shall be screened from all adjacent properties and public street rights-of-way with a Type D landscape screen as defined in the Subdivision and Land Development Regulations, and expressly

in addition, a 6-foot tall opaque fence. The fence shall comply with the setbacks set forth in Section B above.

If the contractor storage facility adjoins a residential zoning district, the Hearing Authority shall set the hours of operation.

17.

Country Inn

A Conditional Use may be granted in the RC and RR Districts, on properties that are not ALPP purchased or dedicated easement properties, and in the R-ED, R-20, R-12, R-SC, and R-VH Districts for the conversion of an historic structure to a country inn, provided that:

The building is a historic structure as defined in these Regulations;

Principal and accessory uses shall be identified on the site plan submitted with the application. Accessory uses, not including outdoor recreational areas for use by guests of the inn, shall be limited to an area no greater than 25% of the total floor area of all buildings;

The minimum lot size shall be 5 acres in the RC and RR districts, 3 acres in the R-ED, R-20, R-12, and R-SC Districts, and at least 1 acre in the R-VH district. The Hearing Authority may reduce the 1 acre minimum lot size requirement for structures in the R-VH to ¾ of an acre if the Hearing Authority finds that the use will still be compatible in scale and character with the residential uses in the vicinity with the reduced lot size. If a public restaurant is part of the country inn, the minimum lot size shall be 10 acres in the RC and RR Districts, and 5 acres in the R-ED, R-20, R-12 and R-SC Districts. Regardless of the lot size, a Country Inn in the R-VH district shall not include a public restaurant.

Extension or enlargement of the principal historical structure and all accessory structures may not exceed 50% of the gross floor area of each individual building above that which existed on February 8, 1982, when the category for country inns was added to these Regulations.

Exterior alterations to the historic structure shall be architecturally compatible with the historic structure as determined by the Historic District Commission, prior to the approval of the Conditional Use.

Outdoor uses, including loading and refuse storage areas and outdoor reception or restaurant areas, will be located and designed to shield residential property from noise or nuisance and screened from adjacent residential properties.

For properties not served by public water and/or sewer, the petitioner shall demonstrate that the well and/or septic facilities will be sufficient to serve the facility.

Proposals for a use with a public restaurant shall include a traffic study.

An existing Country Inn use approved prior to October 6, 2013, Shall be considered conforming under the conditions of the original approval. Enlargements and/or extensions to this previously approved Country Inn shall not be subject to Section C above.

18.

Dwelling, Temporary Accessory Family

A Conditional Use may be granted in the RC, RR, R-ED, R-20 or R-12 Districts for a temporary accessory family dwelling provided that:

The minimum lot size shall be 2 acres.

The temporary accessory family dwelling shall be accessory to a single-family detached dwelling on the same lot.

If the temporary accessory family dwelling is a removable modular building, the maximum gross floor area of the use shall be less than 1,000 square feet. If the temporary accessory family dwelling is proposed as an alteration to an existing accessory building, the Hearing Authority may increase the maximum gross floor area of the use to 1,000 square feet or greater, provided that the use clearly remains subordinate to the principal dwelling on the lot. A temporary accessory family dwelling is not subject to the standard lot coverage regulations for accessory structures in Section 128.0.A.

For newly constructed or installed temporary accessory family dwellings, the petition shall include a plan for appropriate screening as necessary to provide an attractive buffering for neighboring residential properties.

A resident of the temporary accessory family dwelling shall be a relative of at least one resident of the principle dwelling and shall either be:

(1)

62 years of age or older; or

(2)

18 years of age or older and determined by a qualified medical authority to have physical, mental, or developmental impairments that:

(a)

Are expected to be of a long, continued and indefinite duration;

(b)

Substantially impede the ability to live independently or are of such a nature that the ability to live independently is facilitated by more suitable living conditions.

If determined necessary by a qualified medical authority, a long-term caregiver shall also be permitted to reside in the temporary accessory family dwelling.

No more than one temporary accessory family dwelling or accessory apartment shall be permitted per lot.

The name of the elderly or disabled family member who will reside in the temporary accessory family dwelling shall be documented with the Conditional Use approval. The temporary accessory family dwelling shall only be used as a dwelling unit for the housing of this elderly or disabled family member of the resident of the principal dwelling unit and a long-term caregiver as provided above, and shall not be used as a dwelling unit by any other person(s).

A Conditional Use for a temporary accessory family dwelling shall become void unless an owner of the property provides an affidavit to the Hearing Authority once a year from the date of approval attesting under penalties of perjury that the accessory family dwelling continues to comply with the specific requirements of this section.

If the temporary accessory family dwelling is a removable modular building, it shall be removed from the property within 60 days after the documented elderly or disabled family member no longer resides in this dwelling. If the temporary accessory family dwelling is established as an alteration to an existing accessory building, 60 days after the documented elderly or disabled family member no longer resides in this building , the alterations authorized by the Conditional Use shall be removed and the accessory building shall no longer be used as a dwelling.

19.

Farm Tenant House

A Conditional Use may be granted in the RC and RR Districts for a farm tenant house as defined in these Regulations, provided that:

The house is to be occupied by at least one person involved in a bona fide farming operation of the owner. The petitioner shall provide documentation substantiating this requirement.

The house shall be located on a parcel which is principally used for farming and is at least 25 acres but less than 50 acres in area.

The parcel on which the farm tenant house will be located must be improved with a principal dwelling unless, based on justification of need submitted by the petitioner, the Hearing Authority authorizes an exception to this requirement based on the nature of farming activities on the property.

In the event farming ceases to be the principal use on the property, the house shall either be removed or converted to no longer be used for residential purposes, or the property subdivided so that the house becomes a principal single-family detached dwelling on a legal lot, except that a farm tenant house approved prior to October 6, 2013 shall not be subject to this criteria.

20.

Fast Food Restaurant

A Conditional Use may be granted for a fast food restaurant in the B-l, M-l or M-2 Districts, provided that:

At least 20% of the site area will be landscaped. The petitioner shall submit a specific landscaping plan, which if approved becomes binding on the development of the facility. The landscaping plan must include plantings which enhance the appearance of the site from public roads and provide buffering for adjacent uses.

The petitioner shall demonstrate that the noise generated by speakers for drive-through service lanes will not be audible from residentially-zoned land and residential uses.

If the site borders a residential district:

(1)

A detailed lighting plan must be approved by the Hearing Authority.

(2)

Solid walls such as masonry or wood and masonry may be required by the Hearing Authority. When solid walls are required, landscape planting is required between the wall and the property line.

21.

Funeral Homes and Mortuaries

A Conditional Use may be granted in the RC, RR, R-ED or R-20 Districts for funeral homes or mortuaries provided that:

The area of the lot shall be not less than three acres.

The site has frontage on and direct access to a collector or arterial highway designated in the General Plan.

The design of new structures or additions to existing structures will be compatible in scale and character with residential development in the vicinity, as demonstrated by architectural elevations or renderings submitted with the petition.

Buildings, parking areas and outdoor activity areas will be at least 50 feet from adjoining residentially-zoned properties other than public road right-of-ways. The Hearing Authority may reduce this setback to no less than 20 feet or the minimum setback required by the zoning district, whichever is greater, if:

(1)

The adjoining land is committed to a long term institutional or open space use that provides an equivalent or better buffer for vicinal residential development or;

(2)

The petition includes detailed plans for screening, consisting of a combination of a solid fence or wall and landscaping, or an equivalent combination, that presents an attractive and effective buffer for neighboring properties.

22.

Gases, Non-Toxic Industrial (Manufacture, Sale, Storage and Distribution)

A Conditional Use may be granted in the M-2 District for the manufacture, sale, storage and distribution of acetylene and other non-toxic industrial gases provided that:

Maximum above-ground storage shall not exceed 10,000 gallons or its equivalent in pounds or cubic feet for each 20,000 square feet of lot area;

When the use is closed or not operated for a continuous period of twelve months, the gas storage facilities shall be dismantled and removed from the site;

The minimum structure and use setback from all property lines shall be 75 feet.

23.

Gasoline, Fuel Oil, Liquefied Petroleum and Compressed Natural Gas, Bulk Storage of

A Conditional Use may be granted in the B-2, M-1 or M-2 Districts for the bulk storage of gasoline, fuel oil, liquefied petroleum or compressed natural gas, provided that:

Maximum storage above ground shall not exceed 10,000 gallons or its equivalent in pounds or cubic feet, for each 20,000 square feet of lot area. Except that total storage of liquefied petroleum or compressed natural gas in the B-2 District shall not exceed 2,000 gallons and no single container may contain more than 1,000 gallons of liquefied petroleum or compressed natural gas. Total storage above ground shall not exceed 20,000 gallons in the M-1 District but shall not be limited in the M-2 District.

If the use is closed or not operated for a continuous period of twelve months, the storage facilities shall be dismantled and removed from the site.

Solid walls such as masonry or wood and masonry may be required by the Hearing Authority when the site adjoins a residential district. When solid walls are required, landscape planting is required between the outside of the wall and the property line.

The minimum structure and use setback from all property lines shall be 75 feet.

24.

Reserved

25.

Golf Courses

A Conditional Use may be granted in the RC and RR Districts, on properties that are not ALPP purchased or dedicated easement properties, and in the R-ED, R-20, R-12, R-SC or R-SA-8 Districts for country clubs with golf courses, provided that:

A minimum setback of 50 feet is required for all structures and uses from all adjoining properties. This may be reduced by the Hearing Authority if the adjoining property is a farm.

A separation distance of at least 100 feet will be provided between the edge of golf course fairways and existing residential structures. The design of the fairways shall minimize the potential of errant golf shots from causing damage or hazards on adjoining properties to the greatest extent possible.

Outdoor uses will be located and designed to shield residential property from noise or nuisance.

Other athletic, recreational or social uses accessory to the principal use, such as typical country club uses, are permitted if approved by the Hearing Authority.

For an existing golf course approved prior to October 6, 2013, compliance with Section A and Section B above is only necessary for significant redevelopment of the facility.

An existing use approved under the former Special Exception and Conditional Use category for "Country Clubs and Golf Courses" prior to October 6, 2013, shall be considered conforming under the conditions of the original approval. Enlargements and/or extensions to this previously approved use shall only be subject to the general standards and to Section A, Section C and Section D above.

26.

Guest House

A Conditional Use may be granted in the R-12 District for a guest house provided that:

The minimum lot size shall be 1 acre. The maximum lot size shall be 2 acres. The parcel shall have frontage on and direct access to an arterial road designated in the General Plan.

Accessory limited outdoor social assembly uses are not permitted.

The Hearing Authority shall establish limitations on the size and frequency of indoor events with food and drink, considering the size, design and location of the facility in relation to neighboring properties. The guest house shall post rules to prevent guest noise from disturbing neighbors.

The Hearing Authority shall establish limitations on the hours for trash collection and deliveries.

The front setback for parking shall be the same as the front setback for structures.

The owner of the guest house shall reside on the property. The Hearing Authority may permit the owner to reside off-site and allow a specific owner's agent if the Hearing Authority finds that such an arrangement will ensure that the use will be properly maintained and managed in accordance with all criteria and conditions.

The maximum floor area ratio ("FAR") for the guest house shall be 0.5 FAR.

The use shall have a minimum of 15 guest rooms and a maximum of 19 guest rooms.

On-site parking shall meet, but not exceed, minimum parking requirements for hotel and motel uses. Parking shall be limited to approved paved parking spaces and there shall be no off-site or valet parking.

Meals may be served to guests residing on the premises only and there shall be no public restaurant use.

27.

Historic Building Uses

A Conditional Use may be granted for the conversion of a historic building in the RC, RR, R-ED, R-20, R-12, R-SC, R-SA-8, R-H-ED, R-A-15, R-APT, R-MH, POR, B-1, B-2, M-1, and M-2 Districts to apartments and in the RC, RR , R-ED, R-20, R-12, R-SC, R-SA-8, R-A-15, R-APT and R-MH Districts to business and professional offices, specialty stores, standard restaurants, arts and crafts classes, antiques shops, art galleries, craft shops; bakeries (provided all goods baked on the premises shall be sold at retail from the premises); furniture upholstering, and similar services; personal service establishments; seasonal sale of Christmas trees or other decorative plant materials, subject to the requirements of Section 128.0.D.4; service agencies; or community meeting halls, provided that:

The building is a historic structure as defined in these Regulations.

The maximum number of dwelling units permitted shall be one dwelling unit for every 800 square feet of building area.

Extension or enlargement of the principal historical structure and all accessory structures may not exceed 50% of the gross floor area of each individual building above that which existed on August 1, 1989, when ZB 882R was adopted adding the historic building use category to these Regulations.

A historic building converted into a community meeting hall or offices shall be subject to the following standards:

(1)

No material or equipment shall be stored outside of structures.

(2)

Parking areas shall be set back a minimum of 30 feet from all property lines or public street rights-of-way and screened from the roadway and adjacent properties.

(3)

The site shall have frontage on and direct access onto a collector or arterial road designated in the General Plan.

On an ALPP purchased or dedicated easement property, the following additional criteria are required:

(1)

The use shall not interfere with the farming operations or limit future farming production.

(2)

Any new building or building addition associated with the use, including any outdoor storage and parking area shall count towards the cumulative use cap of 2% of the easement.

28.

Home-Based Contractors

A Conditional Use may be granted in the RC, RR and R-20 Districts for home-based contractors, subject to the following requirements, except that landscape contractors have separate requirements elsewhere in Section 131.0.N., and home-based contractors meeting the requirements of Section 128.0.C.2 are permitted accessory uses:

The minimum lot size is three acres in the RC and RR Districts. The minimum lot size is 2.5 acres in the R-20 district and the lot shall abut an intermediate arterial highway, as designated in the General Plan.

The number of commercial vehicles parked on the site shall be limited to three commercial vehicles for lots up to six acres, and five commercial vehicles for lots larger than six acres and not more than 20 acres.

On lots larger than 20 acres, the Hearing Authority may approve additional commercial vehicles, as is determined to be appropriate based upon the character of the property and its relation to the surrounding area.

On lots six acres or fewer, the area used for parking and storage of commercial vehicles, equipment and supplies, whether exterior or interior, shall be limited to no more than 50% of the area of the lot or 10,000 square feet, whichever is less. On lots larger than six acres, the area used for these purposes shall be limited to no more than 5% of the lot or one acre, whichever is less.

In the RR and RC Districts, structures used for the Conditional Use shall be at least 50 feet from lot lines and all outdoor parking or storage areas shall be at least 100 feet from lot lines.

In the R-20 district, structures for and uses of the home-based contractor conditional use shall be restricted as follows:

(1)

The use shall not alter the residential appearance of the neighborhood.

(2)

The structures used for the Conditional Use shall be at least 100 feet from the nearest residential lot lines.

(3)

Outdoor parking or storage areas shall be at least 75 feet from residential lot lines and screened from public streets and residential lots by solid walls, fences, or a tree buffer at least 25 feet wide.

The location and design of the operation shall be such that the use will not be a nuisance to residents of neighboring properties due to noise, dust or fumes. Particular consideration shall be given to the location of loading areas, parking and circulation areas, and driveways in relation to neighboring properties.

If the driveway providing access to the proposed site is shared with other properties, the petitioner shall demonstrate that the use will not result in damage to or deterioration of the shared driveway or in increased hazards to other users of the driveway.

Parking and storage areas shall be restricted as follows:

(1)

Supplies shall be stored within a building, except that mulch, compost, soil, sand, stone and other natural materials may be stored outdoors. Supplies stored outdoors must be fully screened from surrounding properties and roads by vegetation, fencing or other appropriate means in accordance with the County Landscape Manual.

(2)

Equipment shall be either stored within a building or screened from surrounding properties and roads by vegetation, fencing or other appropriate means in accordance with the Howard County Landscape Manual.

The Hearing Authority shall establish the maximum number of employees permitted on the lot and the maximum allowable number of employee trips per day.

The Hearing Authority shall establish the days and hours of operation.

New structures or additions to existing structures shall be designed to be compatible in appearance and scale with other residential or agricultural structures in the vicinity, as demonstrated by architectural elevations or renderings that shall be submitted with the petition.

Minor repairs to vehicles or equipment shall be permitted, provided such activities take place inside a building. Body work, engine rebuilding, engine reconditioning, painting and similar activities shall not be permitted.

Where two or more adjacent lots are under common ownership and used as a single homesite, home-based contracting uses may be located on a different lot than the principal dwelling, if the Hearing Authority determines that this will provide a more compatible location in relation to vicinal properties that effective screening will be provided by using existing site features, or that it will result in decreased impacts on neighboring lots.

On an ALPP purchased or dedicated easement property, the following additional criteria are required:

(1)

The use shall not interfere with the farming operations or limit future farming production.

(2)

Any new building or building addition associated with the use, including any outdoor storage and parking area shall count towards the cumulative use cap of 2% of the easement.

29.

Home Occupations

A Conditional Use may be granted in the RC, RR, R-ED, R-20, R-12, R-SC, R-SA-8, R-H-ED R-A-15, R-APT, R-MH, R-VH, PGCC, TOD, CAC and TNC Districts for home occupations subject to the following requirements. Home occupations meeting all requirements of Section 128.0.C.1 are permitted accessory uses:

Home occupations approved under this section include the following uses:

(1)

Those listed in Section 128.0.C. which exceed the floor area restrictions or the nonresident employee or client visitation limitations of that Section;

(2)

Home Occupations which plan to construct a new detached accessory structure;

(3)

Individual or group instruction of more than 6 students at one time in an academic or non-academic subject;

(4)

Catering, subject to health department approval; and

(5)

Other home occupations may be approved by the Hearing Examiner for single-family detached properties 12,000 square feet or greater in area, excluding specific home based businesses that are allowed under other Conditional Use categories listed at the beginning of Section 131.0.N.

The total area devoted to the home occupation may exceed 33% of the gross floor area of the dwelling.

The petition shall include a plot plan showing the location and dimensions of structures, parking areas and driveways and a floor plan showing the dimensions and boundaries of the home occupation.

The home occupation shall be located entirely within the dwelling, an accessory building, or both.

The home occupation shall not alter the residential character or appearance of the dwelling or the lot. An existing or proposed accessory building used for the home occupation must be compatible in scale, character and appearance with the residential character of the site and the neighborhood.

There shall be no exterior evidence, other than a permitted sign, to indicate that the site is being used for any purpose other than that of a dwelling. Exterior evidence shall include outdoor display or storage, noise, dust, vibration, glare, fumes or odors or extensive parking area.

The unrestricted sale or rental of commodities may not take place on the lot.

Allowed sales related activities include: processing orders by mail, telephone or computer; receiving and mailing merchandise (subject to the limitation on truck deliveries); storage of catalogues, samples, previously ordered merchandise and inventory; office functions such as telephone, computer, and record keeping. In addition, occasional, small volume sales associated with home parties held for the purposes of the display and sale of goods such as cookware, fashion accessories, skin care products, etc. may occur on the site at a frequency determined by the Hearing Authority.

Prohibited home occupations include, but are not limited to the following uses:

(1)

Vehicle repair, sales or rentals.

(2)

Restaurants.

(3)

Laundry and dry cleaning services.

(4)

Firearm sales.

The home occupation shall be principally conducted by persons residing in the dwelling. In addition, not more than five nonresident employees may work on the lot at one time in connection with the home occupation.

Business-related off-street parking areas shall be screened from public roads and neighboring properties.

No business-related deliveries by trucks with more than two axles shall be permitted. Parcel post and other similar delivery trucks are permitted.

On an ALPP purchased or dedicated easement property, the following additional criteria are required:

(1)

The use shall not interfere with the farming operations or limit future farming production.

(2)

Any new building addition associated with the use, including any outdoor storage and parking area shall count towards the cumulative use cap of 2% of the easement.

30.

Junk Yard

A Conditional Use may be granted for a junk yard in the M-2 District, provided that:

The lot for the proposed junk yard shall be not less than one but not more than five acres.

Outdoor areas used for the processing, dismantling, cleaning or storage of parts, material or motor vehicles will be:

(1)

At least 300 feet from any other zoning district, at least 50 feet from public street rights-of-way and at least 30 feet from property lines; and

(2)

Enclosed by a solid wood or masonry wall or fence, 6 to 8 feet high, of a design approved by the Hearing Authority. Building walls may form part of the enclosure.

No storage of tires shall be permitted.

All toxic materials shall be properly disposed of in accordance with established Federal, State and County Regulations.

31.

Kennels and Pet Grooming Establishments

A Conditional Use may be granted in the RC, RR or R-20 Districts for kennels or pet grooming establishments, and in the B-l District for kennels, provided that:

For kennels housing or training eleven or more animals at one time, the following requirements shall apply:

(1)

Minimum lot size ..... 5 acres

(2)

Minimum setback for outdoor training and exercise areas and outside pens and runs from any lot line ..... 200 feet

(3)

Minimum structure setback

(a)

From public street right-of-way ..... 100 feet

(b)

From any other lot line ..... 200 feet

(4)

The Hearing Authority may reduce the 200 foot setback from lot lines for structures and outdoor training and exercise areas and outside pens or runs to a distance no less than 150 feet if it finds that the setback reduction will not adversely affect neighboring properties due to visual impact, noise, dust, odors or other causes, and that the outdoor training area, pen, run or structure will be located at least 200 feet from existing dwellings on different lots. Outside pens and runs and outdoor training and exercise areas for which this setback reduction is approved shall be enclosed by solid fences or walls.

For pet grooming establishments not located completely within a residence, or for kennels housing or training no more than eight animals at any one time, the following requirements shall apply:

(1)

Minimum lot size ..... 3 acres

(2)

Minimum setback for outdoor training and exercise areas and outside pens and runs from any lot line ..... 150 feet

(3)

Minimum structure setback:

(a)

From public street right-of-way ..... 75 feet

(b)

From any other lot line ..... 100 feet

For pet grooming establishments in which all business activities take place within a residence, the minimum lot size shall be 40,000 square-feet.

All parking areas and outside pens and runs, and as appropriate, all buildings shall be screened by landscaping or other suitable means from adjoining properties and public street rights-of-ways.

Disposal of wastes must be such that odors or other emissions are not perceptible at lot lines;

The lot shall have frontage on and direct access to a collector or arterial road designated in the General Plan.

On an ALPP purchased or dedicated easement property, the following additional criteria are required:

(1)

The use shall not interfere with farming operation or limit future farming production.

(2)

Any new building or building addition associated with the use, including any outdoor storage and parking area shall count towards the cumulative use cap of 2% of the easement.

32.

Landscape Contractors

A Conditional Use may be granted in the RC and RR Districts for landscape contractors, provided that:

The site is at least 5 acres in area.

Buildings and outdoor areas to be used for parking, loading and storage of vehicles, equipment and tools and supplies shall be delineated on the Conditional Use plan and located at least 100 feet from lot lines and public roads.

The location and design of the operation shall be such that the use will not be a nuisance to neighboring properties due to noise, dust or fumes.

Buildings used for storage or offices will be screened or compatible in scale and character with other residential or agricultural structures in the vicinity. If new structures or additions to structures are proposed, architectural elevations or renderings must be submitted with the petition.

Outdoor parking and storage areas shall be screened from neighboring properties and roads.

Minor repairs to vehicles or equipment are permitted, provided such activities take place inside a building. Body work, engine rebuilding, engine reconditioning, painting and similar activities are not permitted.

The area used for parking and storage of commercial vehicles, equipment, materials and supplies, whether exterior or interior, shall be limited to no more than 5% of the area of the lot.

The Hearing Authority shall set limits on the maximum number of employees and shall set the days and hours of operation.

A snow removal service shall not be conducted as an accessory use unless specifically authorized by the Hearing Authority, upon a finding that the noise and level of activity of such a service will not be a nuisance to the neighborhood.

On an ALPP purchased or dedicated easement property, the following additional criteria are required:

(1)

The use shall not interfere with farming operations or limit future farming production.

(2)

Any new building or building addition associated with the use, including any outdoor storage and parking area shall count towards the cumulative use cap of 2% of the easement.

33.

Limited Social Assemblies

A Conditional Use may be granted for limited social assemblies in the RC District, provided that:

The lot is the site of a historic structure as defined in these Regulations.

The minimum lot size is 5 acres or greater.

If the driveway providing access to the proposed site is shared with other properties or has direct access to and frontage on a local road, the petitioner shall demonstrate that the use will not result in damage to or deterioration of the shared driveway or in increased hazards to other users of the driveway or local road. The Hearing Authority shall prescribe appropriate conditions and safeguards to ensure the Conditional Use operator's responsibility for repair of any damage or deterioration of the shared driveway caused by the Conditional Use, including requirements for surfacing of access driveways.

The petitioner shall provide a traffic management plan and a sight distance analysis.

The limited social assemblies are the following private functions: Picnics, weddings, anniversary/retirement parties, bridal or baby showers, not for profit organization fund raisers, banquets, rehearsal dinners, philanthropic events, or other similar events.

With the exception of restroom facilities if required by the Health Department, no permanent structures, including catering or restaurant facilities shall be constructed on site.

The outdoor assembly area is located and designed to shield residential property from noise or nuisance and screened from adjacent residential properties.

Limited social assembly events shall have the following limitations:

(1)

Maximum capacity is not to exceed 150 attendees;

(2)

No more than 25 of these events shall be held within a one year period.

(3)

Operation hours shall be restricted to between 9:00 a.m. and 10:00 p.m., Monday thru Thursday; between 12:00 p.m. and 12:00 a.m., Friday and Saturday; and between 12:00 p.m. and 10:00 p.m., Sunday.

All event activities shall occur outdoors except that interior spaces in existing structures over 50 years old, limited to barns or other similar farm structures which are existing at the time of the Conditional Use application, may be utilized. Event activities within enclosed tents are permitted, however.

Special events with catered food or food prepared on-site are subject to review by the food protection program of the Howard County Department of Health and may require a special events permit. The Conditional Use may not commence until the applicant has obtained approval of all necessary permits for its operation.

On an ALPP purchased or dedicated easement property, the following additional criteria are required:

(1)

The use shall not interfere with farming operations or limit future farming production.

(2)

Any new building or building addition associated with the use, including any outdoor storage and parking area shall count towards the cumulative use cap of 2% of the easement.

34.

Mobile Homes for Security Purposes

A Conditional Use may be granted in the M-1 or M-2 District for one mobile home to be used for security purposes, provided that the property contains an outdoor storage facility for equipment, supplies or products in connection with a use permitted in the M-1 or M-2 District. The petitioner shall demonstrate that there is a need for the mobile home as a security measure.

35.

Movie Theaters, Legitimate Theaters, Dinner Theaters

A Conditional Use may be granted in the M-1, M-2 or CE Districts for movie theaters, legitimate theaters and dinner theaters, provided that a determination is made by the Hearing Authority that such use will not constitute a nuisance because of sidewalk or street traffic, noise or physical activity, that such use will not adversely affect the use of adjoining properties, and that adequate off-street parking facilities are available in close proximity to the proposed use.

36.

Museums and Libraries

A Conditional Use may be granted in the RC and RR Districts, on properties that are not ALPP purchased or dedicated easement properties, and in the R-ED or R-20 Districts for museums, art galleries, and libraries, provided that a determination is made by the Hearing Authority that such use will not constitute a nuisance because of sidewalk or street traffic, noise or physical activity, and that such use will not tend to adversely affect the use and development of adjoining properties.

37.

Nonprofit Clubs, Lodges, Community Halls and Camps

A Conditional Use may be granted in the RC and RR Districts, on properties that are not ALPP purchased or dedicated easement properties, and in the R-ED, R-20, R-12, R-SC, R-SA-8 and R-H-ED Districts for nonprofit clubs, including health or athletic clubs, and similar nonprofit organizations, provided that:

Buildings, parking areas and outdoor activity areas will be at least 50 feet from adjoining residentially-zoned properties other than public road right-of ways.

Outdoor uses will be located and designed to shield residential property from noise or nuisance. The Hearing Authority may set the days and hours of operation for outdoor uses.

The site has frontage on and direct access to a collector or arterial road designated in the General Plan.

In the RC and RR Districts, the minimum lot size is three acres. In the R-ED, R-20, R-12, R-SC, R-SA-8, and R-H-ED Districts, the minimum lot size is one acre.

38.

Nursing Homes and Residential Care Facilities

A Conditional Use may be granted in the RC, RR, R-ED, R-20, R-12, R-SC, R-SA-8, R-H-ED, R-A-15, R-APT, R-MH, R-VH, CAC and TNC Districts for nursing homes and residential care facilities, provided that:

The facility shall have 16 or fewer beds.

The minimum lot size for a new facility is one acre. An existing facility does not have to comply with this criteria.

Buildings, parking areas and outdoor activity areas will be at least 50 feet from adjoining residentially-zoned properties other than public road right-of-ways.

39.

Pet Day Care Facilities

A Conditional Use may be granted in the RC, RR or R-20 Districts for pet day care facilities, provided that:

The minimum lot size shall be one acre.

All day care business functions must be completely enclosed within a building. Indoor noise must not be perceptible at lot lines.

The Hearing Authority may set hours of operation and limitations on the number and type of pets cared for.

The facility shall not be located on a shared driveway.

Parking areas shall be located and landscaped to minimize visibility from roads and adjacent residential properties.

There shall be no overnight boarding of pets.

Outdoor areas for walking or exercising pets may be permitted provided that pets shall not be left unattended in such an area. The Hearing Authority may set a limit on the number of pets permitted simultaneously in the outdoor area. The perimeter of this outdoor area shall be fenced and landscaped to ensure that animals are confined to the property and to minimize the visibility of the enclosure. All fencing shall comply with all requirements for fences as noted elsewhere in Section 128.0. The petitioner must clearly delineate the outdoor area on the Conditional Use plan.

Disposal of wastes must be such that odors or other emissions are not perceptible at lot lines.

On an ALPP purchased or dedicated easement property, the following additional criteria are required:

(1)

The use shall not interfere with farming operations or limit future farming production.

(2)

Any new building or building addition associated with the use, including any outdoor storage and parking area shall count towards the cumulative use cap of 2% of the easement.

40.

Produce Stands

A Conditional Use may be granted in the R-20 District for a produce stand, provided that:

The use may not be located on a lot less than one acre nor larger than two acres.

The produce stand shall be the sole use on the property.

The use may include the retail sale of crops, produce, flowers, plants and seasonal displays, baked goods, dairy products and bottled/packaged food products.

The site has frontage on and direct access to a minor arterial road as designated in the General Plan.

41.

Quarries—or Rock, Stone, Sand Excavations

A Conditional Use may be granted in the RC District, on properties that are not ALPP purchased or dedicated easement properties, and in the M-1 or M-2 Districts for quarries and similar excavations for sand, rock, stone and minerals, provided that:

In the M-1 District, accessory processing uses such as concrete manufacture may be permitted if approved by the Hearing Authority.

The approved portion of the tract shall have a peripheral buffer area 100 feet in width which shall be retained in its natural topographic condition, undisturbed by excavation or mining or other associated uses. The setback area shall not be used for any purpose except planting, fencing and roads for ingress and egress to the tract.

The height of structures and any man-made land forms may be limited by the Hearing Authority.

Equipment for washing, sorting, crushing, grinding, loading, unloading, spreading, weighing, screening, sizing or similar operations shall not be located within three hundred feet of a property line, except that the Hearing Authority may permit sedimentation ponds to be closer than 300 feet, but not closer than 100 feet to such property line if the applicant demonstrates the topographic necessity of such a location and that sufficient safeguards will be provided for the protection of neighboring residents and uses.

All operations shall be conducted in a safe manner with respect to the likelihood of hazard to persons, physical or environmental damage to lands and improvements and damage to any street, bridge or public right-of-way as a result of the development or operation of the quarry.

Existing trees and ground cover along public road frontage and lot lines shall be preserved, maintained and supplemented by selective cutting, transplanting, and addition of new trees, shrubs and ground cover.

Excavated areas shall be maintained thoroughly drained, except for draining and ponding areas which are used for production.

All driveways serving the facility shall be treated or surfaced as necessary to control dust.

The Hearing Authority shall limit the permit to operate such quarry to a specific expiration date.

Operation hours shall be restricted to between 7:00 a.m. and 6:00 p.m. No blasting shall be permitted between the hours of 6:00 p.m. and 7:30 a.m. No operation shall be permitted on Sundays except for repairs to equipment. Only sales and deliveries may be permitted on Saturdays.

The Conditional Use plan submitted with the Conditional Use application shall show the following:

(1)

Setback area, including screening and fencing.

(2)

Portion of tract, if any, actually being excavated, and proposed excavation areas;

(3)

Existing and proposed structures and major mechanical equipment;

(4)

Existing and proposed access roads;

(5)

Water supply and sewage disposal;

(6)

All necessary pollution control measures;

(7)

Stockpile area;

(8)

Points of access to the site and provisions to control unauthorized entry to the site along the entire perimeter;

(9)

Survey boundaries of the subject property and proposed operation based on the Maryland State Plane Coordinate System.

(10)

A road condition study to determine the adequacy of the structural elements serving the site for truck traffic to be generated by the quarry.

Reclamation Plan

A reclamation plan at a scale of 1" = 200' shall be submitted at the time of the Conditional Use application setting forth a plan for reclamation of the permit area. A reclamation contour plan showing contour intervals of 2 feet shall be included, indicating the general grades and slopes to which excavated or filled areas are to be graded. A description of the methods and materials proposed for rehabilitation of topsoil shall be specified. The reclamation schedule shall include specific information relating to regrading, drainage, landscaping, erosion backfilling, removal of machinery and structures, and closing of access roads. No reclamation plan shall be approved unless it provides for the following minimum program:

(1)

Regrading—All disturbed land shall be regraded as required by the Maryland Department of Natural Resources. Whenever the site of an excavation for a quarry is greater than 50% grade, the excavated area shall be fenced with a durable galvanized fence six feet high, located not less than 20 feet from the edge of excavation. The County shall have the right to enter and repair or maintain such fence whenever the property owner shall fail to do so. The property owner shall be liable to the County for the cost of the repairs or maintenance.

(2)

Landscaping, Erosion, Backfilling—All piles of disturbed earth or material resulting from the excavating or filling operation shall be graded to a smooth contour to control erosion and to prevent ponding and undrained water pockets. The graded area shall be covered with suitable soil to sustain growth, then vegetatively stabilized using a perennial cover species as recommended by the County Soil Conservation District.

(3)

Removal of Machinery and Structures—All machinery and structures shall be completely removed and underlying excavations filled to grade, except structures or machinery that are to be continued in operation for a use permitted under the zoning classification.

(4)

Access Roads—Upon the abandonment of excavation operations on any site or portion thereof in the permit areas, all access roads shall be suitably barricaded to prevent the passage of vehicles either into or out of the abandoned area, except such access as needed for vehicles engaged in rehabilitation work, until the plan for rehabilitation has been completed and other use necessitating access has been commenced on the property.

(5)

Adequate Collateral or Bonds—Detailed engineering studies shall be provided by the petitioner setting forth the estimated cost of the accepted plan for rehabilitation. Such studies shall be submitted for the approval and periodic review of the Hearing Authority. A bond shall be provided or adequate collateral shall be kept in escrow, drawing interest to the benefit of the petitioner, to cover the estimated cost of the accepted plan for rehabilitation. Such bond or money shall only be released upon completion of the rehabilitation program.

No excavation or processing operations shall be commenced on land in the permit area until all persons having an interest of record in said land shall cause to be recorded among the land records of the County:

(1)

A description of the area included within the permit area,

(2)

The application number and the date the permit was granted by the Hearing Authority,

(3)

A statement indicating that use of the land will be in accordance with an approved Site Development Plan and an approved rehabilitation plan, and

(4)

A declaration binding their heirs and assigns to utilize the land in accordance with said Site Development Plan and rehabilitation plan until excavation processing or filling operations cease and rehabilitation of the land is completed.

The County and the applicant shall enter into an agreement providing that, should the quarry have been operated in violation of any of the provisions or conditions of the Conditional Use including failure to comply with an approved rehabilitation plan, in such a way as to require corrective action, the applicant shall cause the corrective action to be taken. The agreement shall further stipulate that, should the applicant fail to take the necessary corrective action within 30 days of written notice from the County to do so, the required bonds or collateral will be forfeited and the County may cause corrective actions to be commenced. In addition, the applicant shall agree to pay the cost for corrective action which exceed the bond or collateral amount.

In the RC District, the minimum lot size is 25 acres.

42.

Religious Facilities, Structures and Land Used Primarily for Religious Activities

A Conditional Use may be granted in the RC and RR Districts, on properties that are not ALPP purchased or dedicated easement properties, and in the R-ED, R-20, R-12, R-SC, R-SA-8, R-H-ED, R-A-15, R-APT, R-MH, or R-VH Districts for structures and land used primarily for religious activities provided that:

The minimum lot size in the RC and RR Districts is three acres and the minimum lot size in the other districts is one acre, however, existing religious facilities previously approved as a Special Exception or a Conditional Use are exempted from this requirement. Lot coverage shall not exceed 25% of the lot area.

Structures may be erected to a greater height than permitted in the district in which it is located, provided that the front, side and rear setbacks shall be increased one foot for each foot by which such structure exceeds the height limitation.

The access to the facility shall not be on a driveway or private road shared with other uses.

The Hearing Authority may approve parking facilities which are accessory to a religious facility, and are located on a separate lot, but do not meet the location requirements of Section 133.0.B.4.d of the parking regulations by being separated from the religious facility by a public street, if the Hearing Authority finds that the accessory parking facility complies with the following criteria:

(1)

The accessory parking facility is not separated from the lot containing the principal use by an arterial highway of any category.

(2)

A pedestrian street crossing connecting the accessory parking facility lot to the principal use lot is provided and is made clearly noticeable to drivers by means of both pavement marking and signs

(3)

The pedestrian street crossing is safe, based upon such factors as, but not limited to: traffic volume at the times(s) of the use of the accessory parking facility; practical traffic speeds; sight distance; length of the crossing; and adequate markings and signage.

(4)

The entire pedestrian pathway from the accessory parking facility to the principal religious facility is a durable, paved, no-step path.

43.

Residential/Commercial Buildings

A Conditional Use may be granted in the POR, B-1 and B-2 Districts in the planned public water and sewer service area for residential/commercial buildings, provided that:

(1)

The site is at least 5 acres but not more than 15 acres.

(2)

Two square feet of residential space is permitted for each square foot of commercial space and must be located within the same structure.

(3)

All residential units shall be located above the first floor.

(4)

Appropriate landscape buffering from adjacent land-uses shall be provided.

(5)

Proposed residential/commercial buildings shall be compatible with on and off site commercial development.

A Conditional Use may be granted in the B-1 and B-2 Districts located outside of the planned public water and sewer service area for residential/commercial buildings, provided that:

(1)

The site is at least 1 acre but not more than 5 acres.

(2)

Two square feet of residential space is permitted for each square foot of commercial space and must be located within the same structure.

(3)

All residential units shall be located above the first floor.

(4)

Appropriate landscape buffering from adjacent land-uses shall be provided.

(5)

Proposed residential/commercial buildings shall be compatible with on and off site commercial development.

44.

Retreat Center

A Conditional Use may be granted in the RC and RR Districts, on properties that are not on ALPP purchased or dedicated easement properties, and in the R-ED or R-20 Districts for a retreat center provided that:

The minimum lot area shall be six acres.

A buffer area at least 50 feet wide shall be maintained between structures or uses and adjacent residentially-zoned land other than a public road right-of-way.

Adequate landscaping or other acceptable forms of buffering shall be provided to screen all parking and, if appropriate, structures and outdoor activity areas from residential properties.

No retail or wholesale sales of any kind shall be permitted.

All parking shall be located on site.

The types of principal and accessory uses and the level of activity on the site are specified including but not limited to the frequency and length of meetings or events, the maximum number of day and overnight guests, and uses of outdoor areas.

The access to the facility shall not be on a driveway or private road shared with other uses.

45.

Rubble Landfill and Land Clearing Debris Landfill Facilities

A Conditional Use may be granted in the M-1 District (or in any other district with respect to land which has been previously mined or excavated pursuant to the grant of a Conditional Use specifically for quarrying or excavations for sand, rock, stone and minerals uses) for a land clearing debris landfill facility or rubble landfill facility, provided that:

Only non-hazardous material shall be received for disposal on the site.

The waste materials which may be accepted at the rubble fill facility, unless specifically prohibited by the Hearing Authority, are:

(1)

Land Clearing Debris, as defined in these Regulations.

(2)

Demolition Debris—The types of demolition debris that may be accepted for disposal are as follows:

(a)

Acceptable demolition debris associated with the razing of buildings, roads, bridges, and other structures includes structural steel, concrete, bricks (excluding refractory type), lumber, plaster and plasterboard, insulation material, cement shingles and roofing material, floor and wall tile, asphalt, pipes and wires, and other items physically attached to the structure, including appliances if they have been or will be compacted to their smallest practical volume.

(b)

Unacceptable demolition debris includes industrial waste or byproducts, any waste materials contained within the structure or on the grounds of the structure being demolished that are not physically part of the structure, or which are comprised of or contain materials that pose an undue risk to public health or the environment.

(3)

Construction Debris—The types of construction debris that may be accepted for disposal are as follows:

(a)

Acceptable construction debris is structural building materials including cement, concrete, bricks (excluding refractory type), lumber, plaster and plasterboard, insulation, shingles, floor, wall and ceiling tile, pipes, glass, wires, carpet, wallpaper, roofing, felt, or other structural fabrics. Paper or cardboard packaging, spacing, or building materials, provided that they do not exceed 10% by volume of the waste, may be accepted at the rubble landfill. Paint containers, caulk containers, or glaze containers, provided that they are empty, and any residual material which is dried before acceptance at the rubble fill, and further provided that this waste category does not exceed 1% by volume of the waste accepted at the rubble fill.

(b)

Unacceptable construction debris includes commercial, domestic, or industrial wastes or by-products, paint, tar or tar containers, caulking compounds, glazing compounds, paint thinner or other solvents or their containers, creosote or other preservatives or their containers, tile, paneling, or carpet cement or other adhesives, and other solid waste which may contain an unacceptable waste or substance as may be determined by the approving authority to be unacceptable.

(4)

Tires, asbestos waste and appliances may be accepted for disposal in accordance with the requirements of the State of Maryland Department of the Environment for proper disposal of these materials.

The waste materials which may be accepted at the land clearing debris fill facility are restricted to land clearing debris as defined in these Regulations.

The Hearing Authority may further limit the waste materials which may be accepted at or disposed of in a land clearing debris landfill facility or a rubble landfill facility upon a finding of a specific adverse effect associated with the acceptance or disposal of such waste materials on the proposed site. The Hearing Authority shall approve the method by which unacceptable materials, which are delivered to the site, will be segregated and handled for final removal and disposal.

In addition to all other required setbacks, the following use setbacks shall apply, except for landfill facilities on permitted quarry sites, in which case the Hearing Authority shall establish setback requirements on a case-by-case basis:

(1)

From an existing residence on a different lot ..... 500 feet

(2)

From adjacent residentially zoned lots ..... 300 feet

(3)

From public street and utility rights-of-way ..... 100 feet

(4)

From existing streams and wetlands ..... 100 feet

The approved portion of the tract shall have a surrounding landscaped buffer at least 100 feet wide which shall be retained in its existing topographic condition and undisturbed by excavation or fill. The buffer area shall not be used for any purpose except planting, fencing and roads for ingress and egress to the tract. In the event that the provision of a 100-foot buffer is not feasible, the applicant shall provide for alternative means of buffering in concert with a Site Development Plan. Within the approved portion of the tract, all land within 50 feet of a stream or wetland shall be retained in its existing topographic condition and undisturbed by excavation or fill.

The height of structures and any man-made land forms may be limited by the Hearing Authority.

Equipment for washing, sorting, crushing, grinding, loading, unloading, spreading, weighing, screening, sizing or other operations associated with a land clearing debris landfill facility or a rubble landfill facility shall not be located within one hundred feet of a property line. Sedimentation ponds shall not normally be located closer than 300 feet from a property line. However, the Hearing Authority may permit sedimentation ponds to be closer than 300 feet, but not closer than 100 feet from a property line, if the applicant demonstrates the topographic necessity of such a location and that sufficient safeguards will be provided for the protection of neighboring residents and uses.

All operations shall be conducted in a safe and environmentally sound manner with respect to the likelihood of hazard to persons or damage to lands, natural resources, improvements, streets, bridges, or public rights-of-way as a result of the development or operation of the facility.

Any area under excavation shall be maintained in a thoroughly drained condition. Fill areas shall be maintained at all times by burial of material received for disposal.

Operation hours for excavation, processing and filling operations shall be restricted to between 7:00 a.m. and 6:00 p.m. No operation shall be permitted on Sundays except emergency repairs to equipment and the fill site.

The Conditional Use plan submitted with the Conditional Use application shall show the following:

(1)

Setback and buffer area, including type of screening and fencing;

(2)

Portion of tract, if any, actually being excavated, and proposed fill areas;

(3)

Portion of tract, separate from fill areas, to be used for recycling operations including areas for unloading, storage, processing, and loading.

(4)

Existing and proposed structures and major mechanical equipment;

(5)

Existing and proposed access roads;

(6)

Water supply and sewage disposal including any liquid waste generated by processing and filling operations;

(7)

Stockpile area;

(8)

Other uses and their extent on the property;

(9)

Existing or proposed points of access to the site and provisions to control unauthorized entry to the site along the entire perimeter;

(10)

Areas to be used for rubble and/or land clearing debris disposal shall be identified either as non-buildable areas or as future building sites;

(11)

Survey boundaries of the subject property and proposed operation based on the Maryland State Plane Coordinate System;

(12)

A road condition study to determine the adequacy of the structural elements serving the site for truck traffic to be generated by the landfill;

(13)

A noise, litter and dust control plan;

(14)

Storm water management facilities for quantity and quality control;

(15)

The length of time the facility is expected to be in operation.

Rehabilitation Plan

A rehabilitation plan at a scale of 1" = 200' shall be submitted with the Conditional Use application for all areas to be filled with land clearing debris or rubble or used for processing and recycling operations. A rehabilitation contour plan showing contour intervals of two feet shall be included, indicating the general grades and slopes to which excavated or filled areas are to be graded. A description of the methods and materials proposed for rehabilitation to top cover shall be specified. No rehabilitation plan shall be approved unless it provides for the following minimum rehabilitation program:

(1)

Regrading—All disturbed land shall be regraded so that no slope exceeds a maximum of 50% grade.

(2)

Landscaping, Erosion, Backfilling—All piles of disturbed earth or material resulting from the excavating or filling operation shall be graded to a smooth contour to control erosion and to prevent ponding and undrained water pockets. The disturbed area shall be graded, covered with suitable soil to sustain growth, and then vegetatively stabilized using a perennial cover species as recommended by the County Soil Conservation District.

(3)

(4)

Access Roads—Upon the abandonment of filling operations on any site or portion thereof in the area covered by a Conditional Use approved under this section, all access roads shall be suitably barricaded to prevent the passage of vehicles either into or out of the abandoned area, except such access as needed for vehicles engaged in rehabilitation work, until the plan for rehabilitation has been completed and other use necessitating access has been commenced on the property.

46.

Sawmills, Bulk Firewood Processing, Mulch Manufacture, or Soil Processing

A Conditional Use may be granted in the RC or RR Districts for sawmills, bulk firewood processing, mulch manufacture, or soil processing provided that:

Buildings and structures used for processing activities, equipment and outdoor uses associated with the operation shall be at least 500 feet from existing residences on different lots and at least 300 feet from property lines. Buildings or structures which are principally used for storage and which are not used for processing activities shall be at least 100 feet from property lines.

All required State and Federal permits have been obtained. The hearing authority, as a condition of approval, may impose requirements which are more stringent than the requirements of the State and Federal permits.

Parking, storage areas and equipment shall be screened from adjoining properties and public roads by landscaping or other appropriate means.

Hours of operation shall be established by the Hearing Authority.

Retail sales of materials produced on-site may be permitted if specifically approved by the Hearing Authority.

The minimum lot size is 10 acres.

The vehicular access to the use shall be from an arterial of collector highway and not from a local road unless authorized by the Hearing Examiner.

On an Agricultural Land Preservation easement property, sawmills and bulk firewood processing are permitted with the following required additional criteria:

(1)

The use shall not interfere with farming operations or limit future farming production.

(2)

Any new building or building addition associated with the use, including any outdoor storage and parking area shall count towards the cumulative use cap of the easement.

Editor's note— Due to a scrivener's error in Bill. No. 20-2014(ZRA-149), § 1, effective August 4, 2014, the word "of" appears in Subsection 131.0 N.46.g above. Until such time as additional legislation is enacted to alter the text of this subsection, it should be noted here that the word "of" is intended to be "or."

47.

School Buses, Commercial Service

A Conditional Use may be granted in the RC, RR, R-20 or R-12 Districts for commercial school bus service businesses, as defined in these Regulations, provided that:

All vehicles parked or stored outside of a building shall be screened from adjoining properties;

No vehicles shall be parked or stored within the structure or use setback requirements of the district in which they are located;

Any parking spaces occupied by such vehicles shall be provided in addition to all other required parking spaces;

Only minor repairs to such vehicles shall be permitted and such minor repairs may only be done in a building. In no case shall body work, engine rebuilding, engine reconditioning or collision services be permitted;

The storage or parking of the number of vehicles registered as school buses on lots or parcels in the RC, RR, R-20 and R-12 Districts on the effective date of this amendment (Zoning Board Case 715, effective July 25, 1978) shall be deemed valid nonconforming uses in those districts.

The minimum lot size in the RC and RR Districts for a new commercial school bus service business is three acres. The minimum lot size in the R-20 and R-12 Districts for a new commercial school bus service business is one acre. An existing commercial school bus service business is not required to comply with this criteria.

For a new commercial school bus service business, the area used for vehicle parking shall be at least 200 feet from an existing dwelling on a different lot. An existing commercial school bus service business is not required to comply with this criteria.

On an ALPP purchased or dedicated easement property, the following additional criteria are required:

(1)

The use shall not interfere with farming operations or limit future farming production.

(2)

The use shall operate within a one-half acre area specified on the Conditional Use plan.

(3)

Any parking areas shall count towards the cumulative use cap of 2% of the easement.

48.

Schools, Colleges, Universities—Private (Academic)

A Conditional Use may be granted in the RC and RR Districts, on properties that are not ALPP purchased or dedicated easement properties, and in the R-20, R-ED, R-12, R-SC, R-SA-8, R-H-ED, R-A-15, R-APT, R-MH, or R-VH Districts for private academic schools, colleges and universities, (not including nursery schools) provided that:

The maximum density permitted is 60 pupils per acre for lots less than three acres, and 100 pupils per acre for lots three acres or greater.

In addition to meeting the minimum area requirements above, schools with residence accommodations shall provide an additional 500 square feet of lot area per site resident. Residents shall include students, staff members, caretakers and their families who reside on the site.

A private school may be erected to a greater height than permitted in the respective district, provided that no structure is more than three stories in height and the front, side and rear setbacks shall be increased two feet for each foot by which such structure exceeds the height limitation.

Sufficient off-street school bus loading areas shall be provided if bus service is provided for students.

Outdoor uses will be located and designed to shield residential property from noise or nuisance. Play areas, athletic fields and similar uses shall be buffered from residential properties by fencing, landscaping, adequate distance or other appropriate means.

Buildings, parking areas and outdoor activity areas will be at least 50 feet from adjoining residentially-zoned properties other than a public road right-of-way.

At least 20% of the area within the building envelope will be green space, not used for buildings, parking area or driveways. The building envelope is formed by the required structure setbacks from property lines and public street rights-of-way.

The minimum lot size in the RC and RR Districts for a new private academic facility is three acres. The minimum lot size in the R-20, R-ED, R-12, R-SC, R-SA-8, R-H-ED, R-A-15, R-APT, R-MH, or R-VH Districts for a new private academic facility is one acre. An existing private academic facility is not required to comply with this criteria.

49.

Shooting Ranges—Outdoor Rifle, Pistol, Skeet and Trap

A Conditional Use may be granted in the RC District, on properties that are not ALPP purchased or dedicated easement properties for shooting ranges, provided that:

Discharging of firearms shall not be permitted within 500 feet of any property line.

Such range is constructed in such a manner as to eliminate all danger to persons or property from flying projectiles. The area between the firing point and target shall be baffled, fenced or otherwise shielded so that fired projectiles cannot escape the range area. Safety design should be in accordance with accepted standards and practices.

A minimum lot area of 75 acres is provided for all rifle and pistol ranges. A minimum of 25 acres shall be provided for all skeet and trap shooting ranges.

The manner and times of operation, the design of the range and the topographic features of the site shall be such that noise and activity from the use will not disturb neighboring residential uses.

The applicant shall demonstrate that the use complies with the requirements of the Department of Inspections, Licenses and Permits for such uses.

The Hearing Authority shall set the days and hours of operation.

50.

Small Wind Energy Systems, Building Mounted

A Conditional Use may be granted in the R-ED, R-12, R-SC, R-SA-8, R-H-ED, R-A-15, and R-APT Districts for building mounted small wind energy systems as defined in these Regulations, provided:

The systems shall be primarily intended to reduce the on-site consumption of utility power.

The systems are permitted only on the principal structure.

The systems shall be located on the roof or sides of a structure that are at least 25 feet in height.

The systems shall comply with the principal building setbacks.

The height of the system shall not extend more than 15 feet above the ridge of the highest roof section.

In the R-ED and R-SC Districts, systems are only permitted on single-family attached dwellings.

In the R-12 District, systems are only permitted on semi-detached dwellings.

Only one system per lot is permitted on properties less than 3 acres in area.

Only one system is permitted per building side on properties 3 acres or greater in area.

The systems shall not exceed 60 DBA, as measured at all lot lines. The level, however, may be exceeded during short-term events such as utility outages and/or severe wind storms.

All systems shall be gray or a similar color that minimizes visibility.

No exterior lighting is permitted.

The systems shall comply with all applicable local, state, and federal laws and provisions.

Meteorological towers, solely for the measurement of wind, temporary or otherwise, are not permitted.

A system that is no longer used shall be removed from the site within one year of the date that the use ceases.

51.

Small Wind Energy Systems, Freestanding Tower

A Conditional Use may be granted in the RC, RR, R-ED, I, POR, PEC, CCT, SC, M-1, M-2, PGCC, CE, TOD, TNC, and CAC Districts for small wind energy systems, freestanding tower as defined in these Regulations, provided:

The systems shall be primarily intended to reduce the on-site consumption of utility power.

Maximum height for tower mounted systems, including blades, shall not exceed 60 feet from grade. However, on farms greater than 25 acres the maximum height for tower mounted systems, including blades, shall not exceed 120 feet from grade.

The minimum lot size shall be at least 2 acres, except in the R-ED District where the minimum lot size shall be 5 acres.

The system shall not be located within the front yard between the principal structure and the front property line.

The minimum setback for a system shall equal its total height, plus 10% from any property line.

The systems shall not exceed 60 DBA, as measured at all lot lines. The level, however, may be exceeded during short-term events such as utility outages and/or severe wind storms.

Temporary meteorological towers, solely for the measurement of wind, are permitted for an initial period not to exceed 90 days, provided they meet the height and setback requirements of this section and achieve a Temporary Use permit in accordance with Section 132.0, except that there shall be no further extensions of, or new petition for, a Temporary Use permit which has already been extended to the one year limit.

The blade of any wind turbine shall, at its lowest point, have a ground clearance of no less than 15 feet, as measured at the lowest point of the arc of the blades.

No other equipment unrelated to the operation of the system shall be attached to the structure.

No exterior lighting is permitted, unless required by the Federal Aviation Administration.

The system shall comply with all applicable local, state, and federal laws and provisions.

A system that is no longer used shall be removed from the site within one year of the date that use ceases.

On an ALPP purchased or dedicated easement property, the following additional criteria are required.

(1)

The use shall not interfere with farming operations or limit future farming production.

(2)

Any new building addition associated with the use, including any outdoor storage and parking area shall count towards the cumulative use cap of 2% of the easement.

52.

Solar Facility, Commercial

A Conditional Use may be granted in the RC or RR District for a commercial solar facility, provided that:

The maximum size of a solar facility shall be 75 acres notwithstanding the size of the parcel. The parcel on which the commercial solar facility is proposed must be a minimum of 10 acres in size.

All structures and uses must meet a minimum 50 foot setback from all property lines.

No structure or use may be more than 20 feet in height.

A 'Type D' landscaping buffer must be provided around the perimeter of the proposed commercial solar facility unless the Hearing Authority determines that an alternative buffer is sufficient.

All security fencing must be located between the landscaping buffer and the commercial solar facility.

The systems shall comply with all applicable local, state, and federal laws and provisions.

A commercial solar facility that is no longer used shall be removed from the site within one year of the date that the use ceases.

The premises shall be maintained at all times in a clean and orderly condition, including the care or replacement of plant materials required in the landscaping plan. The responsibility for compliance with this provision shall be with all parties having a lease or ownership interest in the commercial solar facility. The applicant shall provide the Hearing Authority with details regarding maintenance and access for the site.

A solar collector or combination of solar collectors shall be designed and located to avoid glare or reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or create a safety hazard. The petitioner shall include a glare study with the Conditional Use petition.

The applicant shall agree to register all solar collectors with the Department of Fire and Rescue Services. The registration shall include a map of the solar facility noting the location of the solar collectors and the panel disconnect.

Tree removal shall be minimized and reforestation shall be done in accordance with Section 16.1026 of the Howard County Code.

Scenic Views

(1)

The applicant shall demonstrate that the solar facility does not harm the scenic characteristics of the view of or from:

A public park;

A national or state designated scenic byway;

A road listed in the Scenic Roads Inventory adopted under Section 16.1403 of the Howard County Code; or

A historic structure as defined in Section 16.601 of the Howard County Code.

(2)

Visual Impact Analysis Required to Demonstrate Minimal Impact to or from Scenic Views

The Conditional Use petition shall include a visual impact analysis mapping all viewshed impacts and any proposed mitigation. This analysis shall include mapped visual impact assessments of all important or critical viewpoints or elevations from which the solar facility can be seen from a fixed vantage point. For purposes of this subsection, A viewshed is a topographically defined area including all critical observation points from which the solar facility is viewed.

If the visual impact assessment as mapped particularly interferes with and compromises critical observation points within the viewshed that warrant viewshed protection, the petitioner shall mitigate the view through additional landscaping or other forms of mitigation, including reconfiguration of the solar panels, or as may be required by the Hearing Authority.

Fencing along road frontage or the perimeters of the commercial solar facility site where the fencing would be visible shall be constructed of a material and design consistent with the character of the roadway or area.

The petition shall include a landscape plan.

The Howard County Agricultural Land Preservation Board shall review any Conditional Use petition which proposes to build a new commercial solar facility on parcels which are in the Agricultural Land Preservation Program prior to approval by the Hearing Authority in the following manner:

(1)

Prior to scheduling and convening a presubmission community meeting pursuant to Howard County Zoning Regulations Section 131.0.f.1, the petitioner shall submit a proposed Conditional Use Plan for a commercial solar facility on a parcel or parcels in the Agricultural Land Preservation Program to the Howard County Agricultural Land Preservation Board for advisory review as to whether the siting of the commercial solar facility on the parcel or parcels supports the primary agricultural purpose of the easement property or is an ancillary business which supports the economic viability of the farm.

(2)

The materials submitted for review shall include, at a minimum, a copy of the Agricultural Land Preservation Program easement, a copy of the Howard County Soil Conservation and Water Quality Plan, and a copy of the proposed Conditional Use Plan.

(3)

The Board's advisory review shall be in writing.

(4)

The petitioner shall make the Board's advisory review available at the presubmission community meeting.

(5)

The Department of Planning and Zoning's Technical Staff Report on the petition shall include an evaluation of and a recommendation on the Board's advisory review of the petition and shall include as attachments the Board's advisory review and a copy of the Agricultural Preservation Easement.

Subject to Section 106 of these regulations, the property on which an approved commercial solar facility is located is eligible to be a sending parcel provided that one density right is retained for the conditional use until the commercial solar facility is removed.

53.

Spa, Country

A Conditional Use may be granted in the RC and RR Districts, on properties that are not ALPP purchased or dedicated easement properties, for a country spa provided that:

The facility shall principally have the purpose of providing health and wellness services to individuals and groups. Documentation shall establish that the proposed facility generally is "...devoted to overall well-being through a variety of professional services that encourage the renewal of mind, body and spirit."

The minimum lot area shall be 20 acres.

A buffer area at least 50 feet wide shall be maintained between structures or uses and adjacent residentially-zoned land other than a public road right-of-way.

Adequate landscaping or other acceptable forms of buffering shall be provided to screen all parking and, if appropriate, structures and outdoor activity areas from residential properties.

All parking shall be located on site.

The types of principal and accessory uses and the level of activity on the site are specified including, but not limited to, the maximum number of day and overnight guests, and uses of outdoor areas.

The design of new structures or additions to existing structures will be compatible in character with the rural character in the vicinity, as demonstrated by architectural elevations or renderings submitted with the petition.

The access to the facility shall not be on a driveway or private road shared with other off-site residential uses.

54.

Two-family Dwellings and Accessory Apartments

A Conditional Use may be granted for two-family dwellings or accessory apartments in the following districts, provided that any new structures or additions will be designed to be compatible in scale and character with the surrounding residential neighborhood. Compatibility of character may be in architectural style, materials or details. Compatibility shall be demonstrated by architectural elevations or renderings submitted with the petition.

Two-family dwellings: in the RC and RR Districts, on properties that are not ALPP purchased or dedicated easement properties, and in the R-ED, R-20 or R-12 Districts, provided that the two-family dwelling is on an individual lot, with only one two-family dwelling permitted on one lot, and the lot is an existing recorded lot at the time of the Conditional Use application. The minimum lot size shall be at least 16,000 square-feet for two-family dwelling structures in the R-ED and R-12 Districts.

Accessory apartments: on lots of less than 12,000 square feet in the R-ED, R-20, R-12 and R-SC Districts. (On lots of 12,000 square feet or larger, this is a permitted use in these districts).

55.

Used Merchandise, Retail Sale by Non-Profit Organizations

A Conditional Use may be granted in the M-1 and M-2 Districts for the collection, repair, refurbishment, retail sale and distribution of used and/or donated merchandise, provided that:

The facility shall be operated by a non-profit, tax exempt organization;

Sales shall be limited to previously-used and/or donated clothing, furniture, household furnishings, small appliances, books or similar items;

Outdoor drop-off and collection areas shall be screened from surrounding properties and roads by landscaping or other appropriate means; and

All sales and storage areas shall be located inside a building.

56.

Utility Uses, Public

A Conditional Use may be granted in the RC, RR, R-ED, R-20, R-12, R-SC, R-SA-8, R-H-ED, R-A-15, R-APT, R-MH, R-SI, I, R-VH, HO, HC, POR, CCT, B-1, B-2, SC, BR, PEC, PGCC, CE, TOD, CAC and TNC Districts for the following public utility uses, subject to certain conditions:

Permitted Uses:

(1)

Utility substations.

(2)

Above ground pipelines.

(3)

Pumping stations and compression stations.

(4)

Telecommunication equipment facilities.

Special Conditions:

(1)

The proposed location, design and method of operation will not have a detrimental effect on the privacy and quiet of the neighborhood and the safety of its inhabitants.

(2)

The design of proposed buildings and the landscaping treatment of the site will be in harmony with the area.

(3)

The Hearing Authority may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including requirements for soundproofing, for the construction of fences, barriers or other safety devices, for surfacing of access driveways, for shielding of lighting, and/or for landscaping or screening.

(4)

When approving a public utility use, in its discretion, the Hearing Authority may authorize future changes not requiring further Hearing Authority approval. Such changes shall be limited to the addition, relocation, or modification of foundations or equipment, or additions to existing buildings, within a fence line approved by the Hearing Authority.

(5)

When approving a public utility use, the Hearing Authority may approve an accessory commercial communications tower to serve that use.

For a new public utility use, the use would be located on property which is not an ALPP purchased or dedicated easement property. An existing public utility is not required to comply with this criteria.

57.

Winery, Farm—Class 1B

A Conditional Use may be granted for a Farm Winery-Class 1B for a cluster preservation parcel in the RR District existing on July 4, 2011 for which easements have not been donated to the Agricultural Land Preservation Program, that is five acres or more provided that it complies with the following criteria:

The lot or parcel upon which the Farm Winery is located shall have frontage and direct access to:

(1)

A road classified as an arterial or collector public road; or

(2)

A local road, provided that:

(a)

Access to an arterial or collector public road right-of-way is not feasible;

(b)

If the local road is internal to a residential cluster subdivision, the subject property adjoins an arterial or collector highway, the local road access point is within 400 feet of its intersection with the arterial or collector highway, and there are no intervening driveways between the arterial or collector highway and the access to the winery along the local road;

(c)

The access to the local road is safe based on road conditions and accident history, and

(d)

That the use of the local road for access to the winery will not unduly conflict with other uses that access the local road.

The driveway providing access to the proposed site shall not be shared with other properties; however the Hearing Authority may waive this criteria if the petitioner provides affidavits from all persons who also share the driveway that they do not object to the use of the driveway for the farm winery. If the use of a shared driveway is allowed, the petitioner shall demonstrate that the use will not result in damage to or deterioration of the shared driveway or in increased hazards to other users of the driveway. The Hearing Authority shall prescribe appropriate conditions and safeguards to ensure the Farm Winery owner's responsibility for repair of any damage or deterioration of the shared driveway caused by the Conditional Use.

All winery related structures and uses excluding cultivation areas shall be at least 75 feet from all lot lines.

Planting of at least two acres of grapes or other fruit on the property shall be initiated upon approval and successfully established within two years of approval.

The Farm Winery shall be consistent with and support the farm and its production, shall not interfere with the implementation of soil conservation and water quality best management practices, and shall not impact floodplains, wetlands, stream buffers, steep slopes or other environmental features on the Farm Winery property.

The Farm Winery shall be compatible with the rural character of the farm and the surrounding area.

The Hearing Authority may require appropriate screening of adjoining parcels, which may include a solid fence, wall, landscaping, or a combination that presents an attractive and effective buffer.

Any accessory retail sales within the Farm Winery, other than the wine and similar fermented beverages produced at the Farm Winery, are limited to items promoting the same Farm Winery, such as glassware, clothing, and wine-related items such as wine openers. A Farm Winery may sell plants and/or produce grown on-site.

Farm Winery visitor hours shall be restricted to between 10:00 a.m. and 7:00 p.m. Sunday through Thursday; and 10:00 a.m. and 10:00 p.m. Friday and Saturday. The Hearing Authority may reduce the hours for visitors, but shall not increase them. The hours for winery processing and production operations are not limited.

At any one time, the number of visitors to the winery shall not exceed 50 visitors.

A Farm Winery may produce, serve and sell food to complement wine tasting in accordance with Article 2B of Maryland State Code.

If approved, the owner shall provide documentation to the Department of Planning and Zoning proving compliance with Section 131.0.N.57.d. It is the responsibility of the Farm Winery owner to obtain any other required Federal, State and County approvals required prior to operating the use.

58.

Winery, Farm—Class 2

A Conditional Use may be granted for a Farm Winery—Class 2 in the RC and RR Districts, provided that it complies with the following criteria:

The use is located on a parcel of at least 25 acres. The use is permitted on any such parcel, including parcels with Agricultural Land Preservation Easements and preservation parcels.

The lot or parcel upon which the Farm Winery is located shall have frontage on and direct access to a road classified as an arterial or collector public road. Unless the Hearing Authority approves access to a local road as provided in Section 131.0.N.56.c, the sole access to and from the site shall be from the arterial or collector public road.

The Hearing Authority may approve access to a local road upon findings that access to an arterial or collector public road right-of-way is not feasible, the local road is not internal to a residential cluster subdivision unless the residential cluster subdivision was originally designed, constructed, and marketed as a winery community organized around a winery parcel, the access to the local road is safe based on road conditions and accident history, and that the use of the local road for access to the winery will not unduly conflict with other uses that access the local road.

The driveway providing access to the proposed site shall not be shared with other properties; however the Hearing Authority may waive this criteria if the petitioner provides affidavits from all persons who also share the driveway that they do not object to the use of the driveway for the Farm Winery. If the use of a shared driveway is allowed, the petitioner shall demonstrate that the use will not result in damage to or deterioration of the shared driveway or in increased hazards to other users of the driveway. The Hearing Authority shall prescribe appropriate conditions and safeguards to ensure the Farm Winery owner's responsibility for repair of any damage or deterioration of the shared driveway caused by the Conditional Use.

All winery related structures and uses excluding cultivation areas shall be at least 75 feet from a public road right-of-way and 150 feet from all other lot lines. The Hearing Authority may reduce the setback of 150 feet from the lot lines, but only to a minimum of 75 feet, if:

(1)

The adjoining land is committed to an agricultural or environmental preservation easement or a long term institutional or open space use that provides an equivalent or better buffer; or

(2)

The petition includes detailed plans for screening. The Hearing Authority may require appropriate screening of adjoining parcels, which may include a solid fence, wall, landscaping, or a combination, that presents an attractive and effective buffer.

Planting of at least two acres of grapes or other fruit on the property shall be initiated upon approval and successfully established within two years of approval.

The Farm Finery shall be compatible with the rural character of the farm and the surrounding area.

Farm Winery visitor hours shall be restricted to between 10:00 a.m. and 10:00 p.m. daily. The Hearing Authority may reduce the hours for visitors, but shall not increase them. The hours for winery processing and production operations are not limited.

The Farm Winery shall be limited to two categories of attendee events; Everyday Events and Special Events, each with specific limitations as follows:

(1)

An Everyday Event is one that may occur each day of operation within a calendar year, or as may be further limited by the Hearing Authority, and the number of attendees at any single time shall be as specified by the Hearing Authority, but only up to a maximum of 50 persons at any given time. The most common type of activity in an everyday event is that of customers visiting a tasting room at the Farm Winery to sample or purchase the products produced therein, but may include other low-intensity activities such as individual or small group tours, educational programs, meetings, and social events; and

(2)

A Special Event is an indoor and/or outdoor event that may be approved by the Hearing Authority for up to fifteen (15) days within a calendar year. The maximum number of attendees at any given time on a 25 acre farm shall be 150 persons, provided, however, that the Hearing Authority may increase this maximum number of attendees in accordance with Section 131.0.58.k if the property qualifies for such an increase. For a Special Event that occurs on more than one calendar day, each calendar day is counted as one event.

The standard maximum number of persons permitted to visit the property at any one time for Special Events shall be 150 attendees. The Hearing Authority may increase the maximum number of Special Event attendees by 5 people for every acre of land area above the minimum 25 acre parcel size, based upon the gross acreage of the parcel, up to a total maximum of 500 attendees.

If the Farm Winery is located on a farm which is comprised of more than one parcel under the same ownership (the "Overall Farm"), the Hearing Authority may base this potential attendee increase on the gross acreage of the Overall Farm as long as there is a condition to decrease the number of attendees if for any reason the land area of the Overall Farm is reduced after the initial Conditional Use approval.

A Farm Winery may produce, serve and sell food to complement wine tasting in accordance with Article 2B of Maryland State Code.

If approved, the owner shall provide documentation to the Department of Planning and Zoning proving compliance with Section 131.0.N.58.f. It is the responsibility of the Farm Winery owner to obtain any other required Federal, State and County approvals required prior to operating the use.

59.

Wrecked Vehicle Storage (Temporary)

A Conditional Use may be granted in the M-1 or M-2 Districts for the temporary storage of wrecked vehicles, provided that:

Title to the vehicle does not transfer to the operators and owners of the site;

All such vehicles shall be screened from off-site view by walls (including building walls) or fences six to eight feet high, of a design approved by the Hearing Authority. At the Hearing Authority's discretion, landscape planting may be required between the wall and the property line.

The storage area shall be treated as needed to control dust and minimize the runoff of oils and greases;

Dismantling of wrecked vehicles shall not be permitted.

60.

Yard Waste Composting Facility

A Conditional Use may be granted in the RC, RR, or M-1 Districts for a yard waste composting facility, provided that:

Only yard waste (leaves, grass, brush, yard trimmings) and natural wood waste (tree and other vegetative refuse including tree stumps, limbs and root mats) shall be received for composting on the site.

All required State and Federal permits have been obtained. The hearing Authority, as a condition of approval, may impose requirements which are more stringent than the requirements of the State and Federal permits.

In addition to the Bulk Regulations of the applicable zoning district, the following structure and use setbacks shall apply:

(1)

From an existing residence on a different lot ..... 500 feet

(2)

From adjacent residentially-zoned lots ..... 300 feet

(3)

From public street rights-of-way ..... 100 feet

(4)

From existing streams and wetlands ..... 100 feet

A landscaped buffer area with a minimum width of 100 feet shall be maintained around the perimeter of the site. The landscaped buffer shall be used only for planting, fencing, and driveways for ingress and egress to the site.

The operation shall not result in odors which are detectable on surrounding properties.

The operation shall be conducted in a safe and environmentally sound manner, as prescribed by law or regulations and with respect to the likelihood of hazard to persons or damage to lands, natural resources, streets, bridges, and public rights-of-way.

The operation shall be conducted in a manner which will prevent insect and/or rodent infestation.

The facility shall be maintained in a clean and sanitary condition. Areas where yard waste or compost is processed, loaded, or unloaded shall be designed and constructed to drain freely to prevent the accumulation of standing liquid.

All liquid, including leachate and storm water runoff, generated from the composting facility shall be collected and treated prior to disposal, in accordance with applicable regulations.

In the RC and RR Districts, the hours of operation shall be restricted to between 7:00 a.m. and 6:00 p.m., and no operation shall be permitted on Sundays except repairs to equipment and improvements.

On-site retail sales of finished compost shall be permitted if specifically approved by the Hearing Authority.

The structural elements of the roads serving the site shall be adequate for the truck traffic to be generated by the composting facility. The petition shall include a road condition study to allow the hearing authority to make this determination.

The Conditional Use Plan submitted with the petition shall show the following:

(1)

Survey boundaries of the subject property.

(2)

Existing natural features including streams, ponds, springs, and wetlands.

(3)

Existing and proposed topography.

(4)

Setback and buffer area, including type of screening and fencing.

(5)

Portion of tract to be used for composting operations, including the location and layout of:

(a)

Yard waste unloading, receiving and storage areas;

(b)

Yard waste processing areas, including areas for grinding, screening, mixing and other operations to prepare yard waste for composting;

(c)

Composting areas;

(d)

Compost curing areas;

(e)

Compost final product preparation areas (screening and other operations); and

(f)

Finished compost storage and loading areas.

(6)

Existing and proposed structures and major mechanical equipment.

(7)

Existing and proposed access driveways.

(8)

Water supply (including quantity requirements) and sewage disposal.

(9)

Storm water management facilities for quantity and quality control.

(10)

Facilities for storage and treatment of leachate and any other liquids generated by the operation.

(11)

Other existing or proposed uses on the site.

An Operations Plan shall be submitted by the applicant to enable the Hearing Authority to evaluate the potential impacts of the proposed use. If the petition is approved, substantial changes to the operations plan shall not be implemented without prior approval of the Hearing Authority. The plan shall provide the following information:

(1)

Types, anticipated quantities and sources of yard waste.

(2)

Methods by which unacceptable wastes delivered to the facility will be identified, segregated, and handled for removal and disposal.

(3)

Off-site location where unacceptable wastes delivered to the composting facility will be disposed of.

(4)

Methods by which waste quantities delivered will be determined including weighing facilities to be provided.

(5)

A description of major items of equipment and associated capacities.

(6)

A description of proposed buildings and pads for storage, composting and processing.

(7)

A description of yard waste delivery methods and requirements.

(8)

A description of incoming yard waste handling and processing methods including processing capacity and storage volume to be provided.

(9)

A description of the composting process to be utilized including composting capacity to be provided, composting technology, required composting time, and assurance of acceptable level of pathogen reduction.

(10)

A description of compost curing, handling and processing methods including processing capacity and storage volume to be provided.

(11)

A description of finished compost storage, distribution and delivery methods and requirements.

(12)

Methods of controlling odors, dust, litter, noise, and insect or rodent infestation; methods of insuring public safety; methods of preventing and, if necessary, controlling fires; and methods of collecting and treating liquids generated by the use.

(13)

Procedures for cleaning and maintaining the appearance of the facility, including collection of litter and waste which falls from transport vehicles in the vicinity of the site, including adjacent private properties and public roads.

A Rehabilitation Plan shall be submitted at the time of the Conditional Use Application for approval by the Hearing Authority. The plan shall provide for the following minimum rehabilitation program:

(1)

All structures and machinery shall be completely removed and underlying excavations filled to grade and planted in grass except structures or machinery that are to be continued in operation for a use permitted under the zoning classification.

(2)

All impervious surfaces shall be removed and properly disposed of. The areas from which the surfaces are removed shall be backfilled with suitable soil and regraded as necessary to provide adequate drainage. All such areas shall be planted in grass which shall be maintained through one year's growth.

(3)

All yard waste, composting material, and finished compost shall be removed from the site and shall be disposed of in conformance with applicable laws or regulations.

(4)

All access roads shall be suitably barricaded to prevent the passage of vehicles either into or out of the abandoned area, except such access as needed for vehicles used in rehabilitation work, until the plan for rehabilitation has been completed and a different use necessitating access has commenced on the property.

(Bill No. 20-2014(ZRA-149), § 1, 8-4-2014; Bill No. 37-2015(ZRA-155), § 1, 12-8-2015; Bill No. 39-2015(ZRA-154), § 1, 12-8-2015; Bill No. 22-2016(ZRA-161), § 1, 7-5-2016; Bill No. 46-2016(ZRA-159), §§ 1, 3, 10-5-2016; Bill No. 59-2016(ZRA-164), § 1, 12-16-2016; Bill No. 60-2016(ZRA-165), § 2, 12-12-2016; Bill No. 71-2016(ZRA-167), § 1, 3-16-2017; Bill No. 53-2017(ZRA-169), §§ 1, 3, 11-13-2017; Bill No. 59-2017(ZRA-181), §§ 1, 2, 9-26-2017)

New Conditional Use Categories

Completely new Conditional Use categories established after the effective date of the current Zoning Regulations are listed below along with the zoning districts in which the Conditional Use category is permitted and the specific criteria required for approval.

Athletic Facilities, Commercial

A Conditional Use may be granted in the RC and RR districts for an indoor commercial athletic facility provided that:

A Conditional Use is not required for facilities that are reserved for use by residents of a community and their guests and are located within neighborhoods or communities where all properties are subject to recorded covenants and liens that provide for the operation and maintenance of the facilities.

Buildings and parking uses shall be at least 75 feet from a residential lot or parcel.

Reasonable standards for hours of operation shall be proposed by the petitioner and approved by the Hearing Authority.

Outdoor uses, except parking uses and any outdoor lighting, shall not be permitted unless approved under the athletic facilities, outdoor Conditional Use category.

The land area used for the Conditional Use shall not be subject to an ALPP purchased or other dedicated easement.

The minimum lot size shall be 3 acres.

Motor Vehicle Fueling Facilities

A Conditional Use may be granted in the B-2, SC, M-1, M-2, or PEC Districts for Motor Vehicle Fueling Facilities, provided that:

The use will not adversely affect the general welfare or logical development of the neighborhood or area in which the Motor Vehicle Fueling Facility is proposed and will not have a blighting influence as a result of a proliferation of Motor Vehicle Fueling Facilities within a particular area.

The minimum lot size for a Motor Vehicle Fueling Facility is 40,000 square feet. If a Motor Vehicle Fueling Facility is combined with another use on the same lot, the minimum lot size shall be increased in accordance with the provisions of Section 131.0.O.1.k.

The lot shall have at least 180 feet of frontage on a public road. If at the intersection of two public roads, the total of the frontage along both roads may be counted.

Fuel dispensers shall be located at least 300 feet from any school, park, or day care or assisted living facility. This criterion is not applicable to existing Motor vehicle fueling facilities, except that it shall be applicable if an existing motor vehicle fueling facility proposes an enlargement that includes additional fuel dispensers.

The proposed use shall be located at least 100 feet from any streams, rivers or floodplains. This criterion is not applicable to existing motor vehicle fueling facilities, except that it shall be applicable if an existing motor vehicle fueling facility proposes an enlargement that includes additional fuel dispensers.

At least 20 percent of the site area shall be landscaped. The landscaping plan shall include plantings which enhance the appearance of the site from public roads and provide appropriate buffering for adjacent uses.

Solid walls such as masonry or wood and masonry may be required by the Hearing Authority when the site borders a residential district. When solid walls are required, landscape planting is required on the outside of the wall.

Refuse areas shall be fenced or screened from view. The plan shall indicate the disposal methods to be used for all waste material generated by any vehicle repair operations.

A proposed site plan shall show that efficient traffic flow and queuing at the pump islands may be accommodated. Access driveways and on-site paved areas shall be designed and located to ensure safe and efficient movement of traffic and pedestrians.

Operation

(1)

Outside operations shall be limited to the dispensing of motor vehicle fuel, oil, water, pressurized air, the changing of tires and minor servicing. Storage of all automotive supplies shall be within the main structure.

(2)

Vending machines and the sale of propane are permitted as accessory uses, provided these uses are screened or enclosed if required by the Hearing Authority.

(3)

(4)

Where a Motor Vehicle Fueling Facility is adjacent to a residential district, its hours of operation and a detailed landscaping and screening plan and a lighting plan shall be approved by the Hearing Authority.

Other Uses

(1)

Other uses may be located on the same lot as a Motor Vehicle Fueling Facility, including uses permitted in the zoning district as well as car washes and convenience stores, provided that all uses are approved by the Hearing Authority, and;

(2)

The Minimum lot area is increased to accommodate the combination of uses. At a minimum, the minimum lot size of 40,000 square feet must be increased by an area equal to the gross square footage of floor area, parking area and loading or stacking areas required for the additional uses.

(3)

In the PEC, M-1 and M-2 districts, the gross floor area of convenience stores shall not exceed 3,500 feet.

Abandonment

(1)

The premises (including landscaping) of any Motor Vehicle Fueling Facility which is not in continuous operation or is abandoned shall be maintained in the same manner as is required under these regulations for operating Motor Vehicle Fueling Facilities.

(2)

A Conditional Use for a Motor Vehicle Fueling Facility shall become void upon notice of abandonment by the owner. If notice of abandonment is not received, but it is determined by the Department of Planning and Zoning that a Motor Vehicle Fueling Facility has not been in continuous operation for a period of twelve months, a revocation hearing shall be initiated by the Department of Planning and Zoning in accordance with the procedures set forth in Section 131.0. For purposes of this subsection, "continuous operation" shall mean operation as a Motor Vehicle Fueling Facility at least eight hours per day, five days per week.

(3)

If a Motor Vehicle Fueling Facility is abandoned and the Conditional Use becomes void as provided above, all multiple-product dispensers, canopies and other improvements including buildings shall be removed from the site within six months of the date the Conditional Use becomes void.

School Instruction

A Conditional Use may be granted in the R-20 District for schools providing instruction in music, dance, martial arts, yoga, and meditation practice, provided that:

The parcel is within 500 feet of the center point of the intersection of two arterial roads.

The structure for which the Conditional Use is proposed shall not exceed 4,000 square feet. This Conditional Use may only be granted for a dwelling existing at the time of the application for the Conditional Use.

Parking areas shall be located and landscaped to minimize their visibility from adjacent residential properties. All parking for the instructional school must be provided on-site.

Reasonable standards for hours of operation shall be proposed by the petitioner and established by the Hearing Authority for each use. All activity related to the instructional school must cease by 9:00 p.m.

The design of proposed structures or additions to existing structures shall be generally compatible in scale and character with residential properties in the vicinity of the site, as demonstrated by architectural elevations or renderings submitted with the petition.

At least one person involved in the instructional school operation shall reside in the structure.

Storage or use of trailers, modular offices, office trailers, shipping containers, or refuse containers.

A Conditional Use, or an enlargement or alteration of an existing Conditional Use, may be granted for the storage or use of trailers, modular offices, shipping containers, or refuse containers in the RC or RR districts, provided that:

The use is located on a lot or parcel that is three acres or larger.

The use shall be screened and not visible from adjoining property lines or from the public street right-of-way.

The use shall comply with the structure and use setbacks.

(Bill No. 46-2016(ZRA-159), § 1, 10-5-2016; Bill No. 60-2016(ZRA-165), § 1, 12-12-2016; Bill No. 53-2017(ZRA-169), § 1, 11-13-2017; Bill No. 31-2017(ZRA-171), § 1, 8-16-2017)

                    
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