Frederick County Unincorporated

The use of land and structures shall be limited to only uses that are specifically allowed by this chapter. All other uses not expressly permitted are prohibited.

The use of land and structures shall be limited to only uses that are specifically allowed by this chapter. All other uses not expressly permitted are prohibited.

No building or structure shall be used, occupied, developed, located, relocated, constructed, reconstructed, enlarged or structurally altered except in compliance with the terms and provisions of this chapter and any other applicable ordinances and regulations. Compliance shall require the issuance of a permit by the Director of Code Administration.

A report analyzing the impacts of any rezoning shall be required to be submitted by the applicant with any application for rezoning.

Certain uses in each zoning district are listed as being allowed with a conditional use permit. Because of their particular nature, such uses must be separately considered to protect the health, safety and welfare of the residents of the County and to avoid adverse impacts on surrounding properties.

After approval of a conditional use permit, any change in the use for which the conditional use permit was granted shall require a new conditional use permit... The Board may revoke an active conditional use permit for failure to establish or discontinuance of the approved conditional use within two years, repeated violations, or fraudulent information.

No structure shall be placed in the front, side or rear yard setback areas specified by this chapter. ... Except where specifically allowed by this chapter, no more than one dwelling shall be allowed on a lot.

Air conditioners, heat pumps and similar mechanical equipment that are attached to the primary structure may extend three feet into any side or rear yard area but shall not be closer than five feet to any lot line.

Cornices, canopies, awnings, eaves, gutters or other similar overhanging features which are at least eight feet above the grade may extend three feet into any required yard setback area.

In the RA and MH1 Zoning Districts, balconies, porches, stoops, decks, bay windows, steps and stairways which comprise less than 1/3 of the length of the wall of the primary structure may extend three feet into a required setback yard. In no case shall such features be closer than five feet to a lot line.

Retail petroleum pumps and canopy supports shall be located at least 20 feet from any road right-of-way boundary. The canopies covering the petroleum pumps shall be no closer than five feet to any road right-of-way.

Protective entrance canopies and support columns which are attached to the primary structure may extend into the front yard setback areas for the following uses: funeral homes, schools, churches and places of worship, day-care facilities and libraries. In no case shall the canopy or its structure be located closer than 20 feet from a road right-of-way boundary.

An unroofed handicap-accessible ramp shall be permitted to encroach into a required yard when there are no other reasonable alternatives for the location of such ramp on the property or other means of ingress/egress into or from the residence as determined by the Frederick County Zoning Administrator.

Fences, freestanding walls and berms shall be exempt from the setback requirements.

No structure shall exceed the height limitations described in this chapter. Exceptions: barns, silos, belfries, bulkheads, chimneys, flagpoles, domes, skylights, masts, aerials, smokestacks, cooling towers, utility poles, water tanks, windmills are exempt. Parapet walls may be up to four feet above. Solar collectors, air conditioners may exceed if screened. Automated storage in TM, M1, M2 up to 100 ft. General office buildings in B2/B3 and hotels in B2 up to 60 ft. Schools without residential components up to 75 ft. B3 up to 45 ft.

The maximum height requirements shall not apply to the following: (a) Barns and silos. (b) Belfries. (c) Bulkheads. (d) Chimneys. (e) Spires and towers associated with churches and places of worship. (f) Flagpoles. (h) Domes and skylights. (i) Masts and aerials. (j) Radio and television transmission towers and commercial telecommunication facilities. (k) Smokestacks and cooling towers. (l) Utility poles and towers. (m) Water tanks. (n) Windmills.

Parapet walls may be up to four feet above the height of the building on which the walls rest.

Solar collectors, air conditioners and other mechanical equipment may exceed the height limitations if they are screened from the public view of surrounding properties and rights-of-way.

Automated storage facilities in the TM, M1 and M2 Zoning Districts and automated manufacturing facilities in the M1 and M2 Zoning Districts shall be exempt from the maximum height requirement. Such exemptions shall be approved by the Frederick County Fire Marshal. In no case shall the height of these facilities exceed 100 feet in height unless waived by the Board of Supervisors in accordance with § 165-601.02.

M1 District height exception for automated storage up to 100 ft, accessory uses, lighting pole height exception.