A.
Floodplains.
(1)
Purpose. The purposes of this subsection are to minimize property
damage, encourage appropriate construction practices to minimize future
damages, and protect water supply, sanitary sewage disposal, and natural
drainage. The prevention of unwise development in areas subject to
flooding will reduce financial burdens to the community and the state
and will prevent future displacement and suffering of its residents.
This protection is achieved through the review of all activities proposed
within identified floodplains and by the issuance of permits for those
activities that comply with the objectives of this subsection.
B.
Forest conservation.
(1)
Purpose. The purpose of this subsection is to provide requirements
and guidance for the preservation or replanting, whichever is applicable,
of trees or forests during certain development activities requiring
forest stand delineations, forest conservation plans, maintenance
agreements and sureties.
(2)
Administration. The Town of Smithsburg on March 3, 1992, pursuant
to the Natural Resources Article, § 5-1603(a), of the Annotated
Code of Maryland, assigned its obligation to have a forest conservation
ordinance to Washington County, Maryland. The Board of County Commissions
adopted the Washington County Forest Conservation Ordinance on February
2, 1993. The Zoning Administrator shall only issue permit approval
when an application has met all criteria set forth in the Washington
County Forest Conservation Ordinance, as amended.
All uses or buildings subject to compliance with this section
shall be located at least 200 feet from any lot occupied by a dwelling,
school, church, or institution for human care not located on the same
lot or property as the said uses or buildings or any lot which is
within a residential land subdivision duly recorded in the land records
of Washington County.
No land or structure in any zoning district shall be used or
occupied in any manner that creates any dangerous, injurious, noxious,
or otherwise objectionable fire, explosive, or other hazard; noise
or vibration; smoke, dust, odor or other form of air pollution; heat,
electromagnetic or other condition, in such manner or in such amount
as to adversely affect the reasonable use of the surrounding area
or adjoining premises.
A.
Performance standard procedure. With the exception of residential uses as listed in Article III, the applicant for a zoning permit for any other principal or accessory use shall include with such application an affidavit acknowledging his understanding of the performance standards specified herein and applicable to such use and affirming his agreement to conduct or operate such use at all times in conformance with such standards. Where there is reason to believe that the nature of the proposed use would make it difficult to comply with the applicable standards, the Zoning Administrator may require the applicant to submit plans of the proposed construction and a description of the proposed machinery, operations and products and specifications for the mechanisms and techniques to be used in restricting the emission of any dangerous and objectionable elements listed in this section; provided, however, that an applicant shall not be required to reveal the secret details of industrial or trade data and may specify that the plans or other information submitted pursuant to this section shall be treated as a confidential matter.
B.
Standards applicable to other uses. Regardless of whether or not a use is required to comply with the procedure specified in Subsection A above, every use shall comply with the performance standards themselves.
C.
Standards for noise and vibration control. All uses shall comply
with the "10.03.45 Regulations Governing the Control of Noise in the
State of Maryland," as adopted by the Secretary of Health and Mental
Hygiene pursuant to Article 41, § 245(c), of the Annotated
Code.
D.
Standards for air quality control. All uses shall comply with the
"10.03.35 Regulations Governing the Control of Air Pollution in the
State of Maryland" and the "10.03.36 Regulations Governing the Control
of Air Pollution in Area 1," as adopted by the Secretary of Health
and Mental Hygiene pursuant to Article 43, § 697, of the
Annotated Code.
E.
Standards for water supply, sewerage, stormwater and refuse disposal.
All uses shall comply with the "10.03.27 Regulations Governing Individual
Water and Sewerage Systems" or the "10.03.28 Regulations Governing
Water Supply and Sewerage Systems in the Subdivision of Land" and
the "10.03.30 Regulations Governing the Submission of Plans for Approval
and Record of Systems of Water Supply, Sewerage, Stormwater and Refuse
Disposal," as adopted by the Secretary of Health and Mental Hygiene
pursuant to Article 43 of the Annotated Code.
F.
Standards for fire and explosion hazards. All uses involving flammable
and explosive materials shall be provided with adequate safety devices
against the hazard of fire and explosion in the use and storage of
such materials and with adequate firefighting and fire-suppression
equipment acceptable to the State Fire Marshal.
G.
Standards for water quality. All uses shall comply with the "Water
Resource Regulation 4.7, Requirements for a Discharge Permit," and
the "Water Resource Regulation 4.8, General Water Quality Criteria
and Specific Water Quality Standards for all Maryland Waters," as
adopted pursuant to Article 96A of the Annotated Code.
The plans and other required supplementary data for a proposed planned residential development shall be designed, prepared and submitted for review and approval in accordance with the requirements and procedures specified in Chapter 335, Subdivision of Land, of this Code.
A.
Development standards. The uses permitted shall be those permitted
in the appropriate district or as granted a special exception by the
Board of Zoning Appeals.
B.
Site design.
(1)
The project shall provide a unified arrangement of buildings, service
areas, parking and landscaped areas.
(2)
The project shall be designed with regard to the topography and other
natural features of the parcel.
(3)
Materials, massing and facade design for the project shall be harmonious
with the character of the neighborhood.
(4)
Outside storage shall be limited as applicable in the appropriate
district.
(5)
The internal circulation system shall be designed to minimize through
traffic conflicts within the project.
D.
Loading and service areas.
E.
Landscaping and buffer areas.
(1)
Any part of a lot not used for buildings or other structures, or
paved for off-street parking, loading and maneuvering areas, drives
and pedestrian walks or incidental outside storage, shall be landscaped
and properly maintained.
(2)
All parking lots, services, loading areas and outdoor storage areas
shall be separated with landscaped buffer yards of at least 25 feet
from any adjacent residential districts. No planting shall be located
within 10 feet of any public street right-of-way line.
(3)
No building or accessory structure shall be located within 50 feet
of any boundary line which adjoins a residential district. If deemed
necessary by the Planning Commission, it shall be screened by a solid
wall of compact evergreen hedge at least six feet in height or by
such other device as may be deemed appropriate and adequate. All screening
shall be continuously maintained.[1]
F.
Signage.
(1)
In addition to building-mounted signs as permitted and regulated in Article VII, one additional sign shall be permitted, provided the sign does not exceed 300 square feet in area and 35 feet in height. The signs shall include the names of the shopping center and/or the establishments located therein. Any shopping center fronting on more than one street may be permitted an additional sign. Signs shall be located in such a manner that no part of the supporting structure is less than 25 feet from the street right-of-way and no part of the sign shall be closer than five feet to the right-of-way line.
(2)
Signs to identify the use of an occupant shall be designed as part
of the architectural design of the building and attached thereto.
(3)
Directional information signs shall be adequately provided and design
coordinated.
(4)
The following types of signs shall not be permitted in a shopping
center:
(a)
Billboards.
(b)
Any form of sign advertising a business, profession, commodity,
service or entertainment conducted, sold or offered elsewhere than
upon the same lot, except that the directory of occupants of the integrated
community shopping center is not included in this prohibition.
(c)
Flashing, revolving, or rotating signs or signs that change
light intensity or color.
G.
Specific design requirements.
(1)
Maximum impervious surface not to exceed 90%.
(2)
No accessory structure shall be within 40 feet of the public road
right-of-way or within 10 feet of parking areas.
(3)
No building or accessory structure shall be less than 50 feet from
an adjacent residential district.
(4)
Public streets and/or private drives shall be located a minimum of
50 feet from any existing residential building or attached structure.
A.
Impermeable site coverage (parking areas, building area, and other
paved surfaces) shall not be greater than 90% of the gross area of
the site.
B.
Adequate provision shall be made for storage and collection of refuse
and shall be effectively screened.
C.
Permeable areas of the site shall be planted with ground cover, shrubs,
and trees and, if adjacent to any lot occupied by a dwelling, school,
church, or institution for human care not located on the same lot
as said use or buildings or any lot which is part of a duly recorded
subdivision, shall be effectively screened.
D.
No building or accessory use shall be located within 50 feet of any
boundary line which adjoins a residential district. If deemed necessary
by the Planning Commission, it shall be screened by a solid wall of
compact evergreen hedge at least six feet in height or by such other
device as may be deemed appropriate and adequate. All screening shall
be continuously maintained.[1]
E.
All parking lots, services lanes, loading areas and outdoor storage
areas shall be separated with landscaped buffer yards of at least
25 feet from any adjacent residential district and roads. No planting
shall be located within 10 feet of any public right-of-way line.
F.
No accessory structure shall be within 40 feet of the public road
rights-of-way or within 10 feet of parking areas.
G.
Public streets and/or private entrances and drives shall be located
a minimum of 50 feet from an existing residential building or attached
structure.
A.
Site coverage. Impermeable site coverage (parking areas, building
area, and other paved surfaces) shall not be greater than 80% of the
gross land area.
B.
Performance standards. No use will be established, maintained, or
conducted in an industrial park that creates the following in a manner
that is hazardous, offensive, or objectionable to other uses, therein
or adjacent. The standards for those items listed are set forth in
the State of Maryland Code of Regulations (COMAR).
(1)
Dissemination of smoke, fumes, gas, dust, odor or any atmosphere
pollutant.
(2)
Noise.
(3)
Physical hazard by reason of fire, explosion, radiation or similar
cause to any property either within or beyond the confines of the
industrial park.
(4)
Dissemination of glare or vibration beyond the immediate site on
which such use is conducted.
(5)
Discharge of any waste material whatsoever into any watercourse or
storm drainage facility.
C.
Setbacks.
(1)
Front. All buildings and structures shall be set back at least 50
feet from the nearest right-of-way line of any street.
(2)
Side and rear. No building or structure shall be located closer to
any side or rear property line than 50 feet.
(3)
When adjacent to a residential district, the setbacks shall be no
less than 100 feet.
D.
Parking. No parking of any vehicle shall be permitted upon any street
or roadway within the industrial park. Off-street parking facilities
shall be provided and maintained on each lot as follows, except as
otherwise approved by the Planning Commission:
(1)
All parking areas shall be paved (with an erosion-resistant surface),
maintained and provided with an access to a public street.
(2)
Owner will supply adequate parking space for all employees on the
property conveyed.
(3)
One off-street parking space shall be provided for each company-owned
or -operated vehicles and shall be of such dimension to permit entirely
the accommodation of such vehicle without encroachment on any aisle,
passageway, or driveway.
(4)
Parking facilities may be provided within required front, side or
rear yard areas, but in no case shall such facilities be permitted
closer than 20 feet to a front, side or rear property boundary line.
E.
Off-street loading requirements.
(2)
No off-street loading facility shall be permitted within any front
yard or any side yard on the street side of a building. All off-street
loading spaces shall be properly paved with an erosion-resistant surface
and maintained.
F.
Storage. All outside storage of products in the finished state or
late stages of construction will be provided with adequate screening.
G.
Landscaping and buffer areas.
(1)
All open portions of any lot not improved for parking, loading, driveways
or walkways shall be adequately drained and graded and shall be suitably
landscaped with trees, shrubs or planted ground cover or by such suitable
means as may be approved by the Planning Commission and maintained
in a neat and attractive condition at all times thereafter. Landscaping
shall be completed within one year after substantial completion or
occupancy of the building.
(2)
All parking lots, service lanes, loading areas and outdoor storage
areas shall be separated with landscaped buffer yards of at least
50 feet from any adjacent residential districts. No planting shall
be located within 10 feet of any public street right-of-way line.
(3)
No building or accessory structure shall be located within 100 feet
of any boundary line which adjoins a residential district. If deemed
necessary by the Planning Commission, said structure shall be screened
by a solid wall of compact evergreen hedge at least six feet in height
or by such other device as may be deemed appropriate and adequate.
All screening shall be continuously maintained.[1]
A.
Requirements. Prerequisite to the issuance of a zoning permit, a
site plan shall be submitted to the Zoning Administrator for approval
by the Planning Commission for all multiple-family dwellings, townhouses,
churches and other places of worship, schools and other educational
facilities, hospitals and health care facilities, all new commercial
and industrial structures and for all proposed construction that may
result in a substantial change of use classification, alteration of
on-site parking requirements, potential adverse impacts of off-site
stormwater drainage, increased demand for public water and sewerage
or additions which will cause the rerouting of traffic circulation.
B.
Submission procedure.
(1)
Site plans shall be prepared by a registered profession engineer,
registered architect or landscape architect or registered land surveyor
licensed to practice in the State of Maryland.
(2)
In those cases where no subdivision of land is required under Chapter 335, Subdivision of Land, a minimum of 12 copies of the site plan shall be submitted to the Planning Commission for its review. The Planning Commission shall notify the Zoning Administrator of its approval or disapproval of the site plan within 60 days from the date of submission and acceptance by the Commission. The site plan format, informational requirements and review procedures shall be the same as those required for preliminary plat and preliminary plat approval pursuant to Chapter 335, Subdivision of Land. However, sites consisting of three acres or less shall be drawn at a scale of one inch equals 20 feet.
[Added 12-2-2014]
The purpose of this section is to provide standards and guidance
for property owners who wish to install alternative renewable energy
resource systems to power existing structures on their property. It
is the intent of this section to allow for individual properties to
access alternative methods of energy production primarily for use
of existing structures on the property.
A.
Small wind energy systems.
(1)
Applicability.
(a)
The requirements set forth in this section shall govern the
siting of small wind energy systems used to generate electricity or
perform work which may be connected to the utility grid pursuant to
Maryland's net metering laws (Maryland Public Utility Companies
Article, § 7-306), serve as an independent source of energy,
or serve in a hybrid system. Meteorological towers shall be permitted
under the same standards, permit requirements, restoration requirements,
and permit procedures as a small wind energy system.
(b)
The requirements of this section shall apply to all small wind
energy systems proposed after the effective date of this section.
Small wind energy systems for which a required permit has been properly
issued prior to the effective date of this section shall not be required
to meet the requirements of this section; provided, however, that
any such preexisting small wind energy system that is not producing
energy for a continuous period of 12 months shall meet the requirements
of this section prior to recommencing production of energy. No modification
that increases the height of the system or significantly increases
its output shall be allowed without full compliance with this section.
(2)
Code compliance. A small wind energy system and all of its components
shall comply with all applicable construction and electrical codes.
(3)
METEOROLOGICAL TOWER (aka MET tower)
SMALL WIND ENERGY SYSTEM
TOTAL HEIGHT
WIND TURBINE
Definitions. For the purpose of the section the following definitions
shall be applied to small wind energy systems:
A structure designed to support the gathering of wind energy
resource data, and includes the tower, base plate, anchors, guy cables
and hardware, anemometers (wind speed indicators) and vanes, data
logger, instrument wiring, and any telemetry devices that are used
to monitor or transmit wind speed and wind flow characteristics over
a period of time for either instantaneous wind information or to characterize
the wind resource at a given location.
A single-towered wind energy conversion system that:
When referring to a small wind energy system, the distance
measured from ground level to the blade extended at its highest point.
The parts of the wind system including the blades, generator
and tail.
(4)
General bulk requirerments.
(a)
Number of small wind energy systems on a parcel of land. All
parcels shall be limited to a maximum of two small wind energy systems
per lot of record.
(b)
Setbacks.
[1]
Each small wind energy system shall be set back
from the nearest property line a distance equal to its total height,
unless appropriate easements are secured from adjacent property owners
or other acceptable mitigation is approved by the Planning Commission.
Freestanding systems are prohibited in the front yard.
[2]
Each small wind energy system shall also be set
back a distance equal to its total height plus 20 feet from:
(c)
Height. Each small wind energy system shall have a total height
not to exceed the maximum height regulations for the zoning district
in which the system is located plus 20 feet.
(d)
Appearance, finish and color. The wind turbine and tower shall
remain painted or finished in the color of finish that was originally
applied by the manufacturer.
(e)
Lighting. Small wind energy systems shall not be artificially
lighted, except to the extent required by the FAA or other applicable
authority.
(f)
Signage. Other than the manufacturer's or installer's
identification signs, warning signs, or owner's identification on
any part of the small wind energy system, all other signs shall be
prohibited.
(g)
Clearance. The blade tip of any wind turbine shall, at its lowest
point, have ground clearance of no less than 15 feet, as measured
at the lowest point of the arc of the blades.
(h)
Safety.
[1]
Wind turbine towers shall not be climbable up to
12 feet above ground level.
[2]
All ground mounted electrical and control equipment
shall be labeled and secured to prevent unauthorized access.
[3]
Electrical controls and control wiring and power
lines shall be wireless or underground except where the small wind
energy system wiring is brought together for connection to the transmission
or distribution network adjacent to that network.
(i)
Noise. Audible sound due to small wind energy system operations
shall not exceed 55 dBA for any period of time, when measured at the
property line of any property containing an occupied building on the
date of approval of any small wind energy system siting permit. The
level, however, may be exceeded during short-term events such as utility
outages and/or severe windstorms.
(5)
Utility notification. In accordance with the Maryland Annotated
Code, Public Utility Companies, § 1-207.1, any property
owner seeking to construct a small wind energy system and connect
such system to the main power grid with the capability of transporting
energy back to his/her main power company shall apply to the Public
Service Commission (PSC) for approval and provide documentation of
such approval to the Town prior to construction and issuance of a
permit.
(6)
Removal of defective or abandoned small wind energy systems. Any small wind energy system found to be unsafe by the building/permitting official shall be repaired by the landowner to meet federal, state and local safety standards or shall be removed within six months. If any small wind energy system is not operational for a period of 12 consecutive months or more, the Town will request by, registered mail, and provide 45 days for response, the landowner provide corrective action. In such a response, the landowner shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action, If the Town deems the timetable for corrective action unreasonable, it must notify the landowner, and such landowner shall remove the turbine at his/her own expense within 120 days of receipt of notice from the Town. The Town shall have the authority to pursue legal action as described in § 405-82 of this chapter if necessary.
B.
Accessory solar energy systems.
(1)
Applicability.
(a)
The requirements set forth in this section shall govern the
siting of accessory solar energy systems used to generate electric
and/or thermal power or perform work which may be connected to the
utility grid pursuant to Maryland's net metering laws (Maryland
Public Utility Companies Article, § 7-306), serve as an
independent source of energy, or serve in a hybrid system.
(b)
The requirements of this section shall apply to all accessory
solar energy systems proposed after the effective date of this section.
Accessory solar energy systems for which a required permit has been
properly issued prior to the effective date of this section shall
not be required to meet the requirements of this section, However,
any previously existing systems whereby the owner wishes to upgrade
or change or modify the existing system in a way that materially alters
the size or placement of the system shall comply with the requirements
in this section.
(2)
Code compliance. An accessory solar energy system and all of
its components shall comply with all applicable construction and electrical
codes.
(3)
ACCESSORY SOLAR ENERGY SYSTEM
SOLAR ARRAY
Definitions. For the purpose of this section, the following
definitions shall be applied to Solar Energy Collection Systems:
A panel or other solar energy device, the primary purpose
of which is to provide for the collection, inversion, storage, and
distribution of solar energy for electric and/or thermal power primarily
used on site.
A ground- or building-mounted solar collection system consisting
of a linked series of photovoltaic modules.
(4)
General bulk requirements.
(a)
Setbacks.
[1]
Freestanding solar energy systems shall not be
permitted in the front yard.
[2]
Side and rear setbacks must meet the minimum building
setback applied to other accessory uses in the zoning district in
which the system will be located.
[a]
Roof-mounted systems. The collector surface and
mounting devices for roof-mounted solar energy systems shall not extend
beyond the perimeter of the building on which the system is mounted
or built.
[b]
Ground-mounted systems. These systems may not extend
into the side or rear yard setback when oriented at minimum design
tilt.
(b)
Height.
[1]
Building- or roof-mounted systems shall not exceed
the maximum allowed height of the zoning district in which the system
is located. For the purposes of height measurement, accessory solar
energy systems shall be considered to be mechanical devices and are
restricted consistent with other building-mounted mechanical devices.
[2]
Ground- or pole-mounted systems shall not exceed
10 feet in height.
(c)
Design and installation.
[1]
Structural certification. Roof- or building-mounted
systems shall provide, as part of their permit application, a structural
certification.
[2]
All exterior electrical and/or plumbing lines must
be buried below the surface of the ground.
[3]
Accessory solar energy systems shall be designed
and located in order to prevent reflective glare that creates a public
safety issue, such as glare onto adjacent street rights-of-way. Should
the final design result in a situation where the location of the of
the system is necessary to its function but still creates a public
safety issue, the property owner will be responsible for all financial
considerations related to designing and implementing a mitigation
option that will resolve the problem, having been approved in advance
by the Planning Commission.
[4]
Accessory solar energy systems are permitted on
accessory structures of the same parcel as the principal use.
[5]
Roof-mounted systems shall be mounted parallel
to the slope of the roof with no more than six inches of elevation
between the roof and the base of the mounted panel. Angled bracket
mounts are prohibited.
(d)
Size. Freestanding ground-mounted collection systems shall not
exceed 1/2 the footprint of the principal structure.
(e)
Utility notification. In accordance with the Maryland Annotated
Code, Public Utility Companies, § 1207.1, any property owner
seeking to construct a small wind energy system and connect such system
to the main power grid with the capability of transporting energy
back to their main power company shall apply to the Public Service
Commission (PSC) for approval and provide documentation of such approval
to the Town prior to construction and issuance of a permit.
[Added 11-1-2016 by Ord.
No. 2016-05]
In those districts where educational facilities are principally
permitted, animal husbandry related specifically to domestic chickens
may be permitted as an accessory use in accordance with the following
regulations:
A.
The educational facility must have a bona fide agricultural education
program.
B.
Bulk requirements.
(1)
Number. No more than 20 hens shall be permitted at any one time.
(2)
Roosters. Male chickens are not permitted to be kept or raised
within the incorporated limits of the Town of Smithsburg.
(3)
Breeding. Breeding of domestic chickens is prohibited.
(4)
Setbacks. Coops, cages, or other enclosed structures housing
chickens shall be set back a minimum of 50 feet from any dwelling
or occupied structure, not including the owner's dwelling. In
addition, any enclosed structures housing chickens shall be set back
a minimum of 25 feet from side and rear property boundaries. The greater
of the two setbacks shall prevail. Enclosed structures housing chickens
are prohibited from being located in a front yard.
C.
Enclosures.
(1)
Hens shall have access to an outdoor structure and roaming area
that is adequately fenced so as to contain the birds on the property.
Free range chickens are prohibited.
(2)
The structure and roaming area shall provide a minimum space
of two square feet per hen but shall not exceed 200 square feet.
(3)
The outdoor enclosure shall also be designed in a manner that
will prevent predator access to the birds (i.e., covering the top
of the enclosure, burying the fencing to prevent burrowing, etc.).
(4)
The use of scrap boards, sheet metal or similar materials is
prohibited. The enclosed structure shall be properly maintained.
D.
Sanitation.
(1)
The enclosed structure housing the hens as well as the outdoor
enclosure shall be kept in a sanitary condition and free from offensive
odors.
(2)
Chickens must have access to clean water at all times.
(3)
All areas used by the hens shall be cleaned on a regular basis
so as to prevent the accumulation of waste and excess feed.
(4)
The property owner shall take all necessary action to reduce
the attraction of potential infestation of scavengers, insects, and
parasites that may result in unhealthy conditions to human habitation.
(5)
Waste provisions.
(a)
Provisions shall be made for the storage and removal of animal
waste. All stored manure shall be kept in a fully enclosed container
that limits odor and dispersal of the waste. No more than two twenty-gallon
containers of manure shall be stored on any one property housing chickens.
All other manure shall be removed.
(b)
A waste management plan as defined in § 405-7 shall be prepared and submitted to the Soil Conservation District. The Soil Conservation District may determine that a waste management plan is not required. In such cases, the Soil Conservation District shall issue to the applicant a letter of exemption.
(6)
Outdoor slaughtering of hens is prohibited.
[Added 11-1-2016 by Ord.
No. 2016-05]
A.
Purpose.
The purpose of this section is to regulate the keeping and/or
raising of domestic chickens on property within the Incorporated boundaries
of the Town of Smithsburg. These regulations are designed to prevent
nuisance and prevent conditions that are unsanitary and/or unsafe.
B.
Bulk requirements.
(1)
Permitted. Animal husbandry activities related to the keeping
and/or raising of domestic chickens shall be permitted in accordance
with Schedule A - Table of Land use Regulations.
(2)
Number. No more than five hens shall be permitted per lot of
record.
(3)
Roosters. Male chickens are not permitted to be kept and/or
raised within the incorporated limits of the Town of Smithsburg.
(4)
Setbacks. Coops, cages, or other enclosed structures housing
chickens shall be set back a minimum of 25 feet from any dwelling
or occupied structure, not including the owner's dwelling. In
addition, any enclosed structures housing chickens shall be set back
a minimum of 10 feet from side and rear property boundaries. The greater
of the two setbacks shall prevail. Enclosed structures housing chickens
are prohibited from being located in a front yard.
C.
Enclosures.
(1)
Hens shall have access to an outdoor structure and roaming area
that is adequately fenced so as to contain the birds on the property.
Free range chickens are prohibited.
(2)
The structure and roaming area shall provide a minimum space
of two square feet per hen but shall not exceed 96 square feet.
(3)
The outdoor enclosure shall also be designed in a manner that
will prevent predator access to the birds (i.e., covering the top
of the enclosure, burying the fencing to prevent burrowing, etc.).
(4)
The use of scrap boards, sheet metal or similar materials is
prohibited. The enclosed structure shall be properly maintained.
D.
Sanitation.
(1)
The enclosed structure housing the hens as well as the outdoor
enclosure shall be kept in a sanitary condition and free from offensive
odors.
(2)
Chickens must have access to clean water at all times.
(3)
All areas used by the hens shall be cleaned on a regular basis
so as to prevent the accumulation of waste and excess feed.
(4)
The property owner shall take all necessary action to reduce
the attraction of potential infestation of scavengers, insects, and
parasites that may result in unhealthy conditions to human habitation.
(5)
Waste provisions.
(a)
Provisions shall be made for the storage and removal of animal
waste. All stored manure shall be kept in a fully enclosed container
or that limits odor and dispersal of the waste. No more than one twenty-gallon
container of manure shall be stored on any one property housing chickens.
All other manure shall be removed.
(b)
A waste management plan as defined in § 405-7 shall be prepared and submitted to the Soil Conservation District. The Soil Conservation District may determine that a waste management plan is not required. In such cases, the Soil Conservation District shall issue to the applicant a letter of exemption.
(6)
Outdoor slaughtering of hens is prohibited.
E.
Permits.
(1)
Building permits. Building permits are required for the construction
of enclosed structures housing hens or for the outdoor enclosure area.
All enclosures are subject to periodic inspection to ensure that the
requirements of this section are being met.
(2)
Zoning permits. Any person engaged in the housing of domestic
chickens within the incorporated boundary of the Town of Smithsburg
is required to file a zoning permit application with the Zoning Administrator.
(3)
Application content. An application shall be filed by the property
owner (or by the applicant with a signed affidavit from the property
owner) in compliance with the provisions of this section. The application
shall at a minimum include:
(a)
The name, address, and phone number of the applicant.
(b)
If the property owner(s) is/are different than the applicant,
the name, address and phone number of the property owner, along with
a signed affidavit that the property owner(s) is/are aware of, and
agree to, the conditions of the application.
(c)
A proposal showing:
[1]
The size and general dimensions of the lot where
the chickens will be housed.
[2]
The number of hens the applicant seeks to keep
on the property.
[3]
The precise location and dimensions of the enclosed
structure housing the hens and the outdoor enclosure.
[4]
Dimensions showing the distances of the enclosed
structure from any dwellings or occupied structures and from property
lines so that a determination that setbacks have been met can be made.
(d)
Proof of registration with the Maryland Department of Agriculture
in accordance with the Annotated Code of Maryland, Agriculture Article,
Section 3-804.
(e)
A copy of an approved waste management plan or letter of exemption
from the Soil Conservation District.
(f)
A copy of the nutrient management plan.
(4)
Revocation of permits. If the Town receives substantiated complaints
regarding the permit holder's keeping of the chickens that violate
the terms and conditions of the permit, the Town may revoke the zoning
permit. In addition, if the Town finds that the permit holder has
not maintained the chickens, the enclosures, or the outdoor areas
in a clean and sanitary condition, the Town may revoke the zoning
permit.
