Gasoline Service Station—“A facility offering retail sales to the public of gasoline, motor oil, lubricants, motor fuels, travel aids, and minor automobile accessories. A gasoline service station may also provide motor vehicle service, repairs and maintenance, including painting and bodywork.” 83
Figure : Zones Permitting Gasoline Service Stations in Howard County
Zone
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Description
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Permitted?
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Conditions
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B-2
|
General Business District
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Conditionally
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Subject to detailed requirements in Section 131
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BR
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Rural Business District
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Yes
|
Use must be indicated in preliminary development plan approved by zoning board
|
M-1
|
Light Manufacturing District
|
Conditionally
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Subject to detailed requirements in Section 131
|
M-2
|
Heavy Manufacturing District
|
Conditionally
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Subject to detailed requirements in Section 131
|
MXD 3 & 6
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Mixed Use Development >75 acres
|
Yes
|
Use must be indicated in preliminary development plan approved by zoning board
|
NT
|
New Town/Columbia
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Subject to development review process
|
Subject to requirements in Sections 125, 131 and must conform to Downtown Columbia Plan*
|
PEC
|
Planned Employment Center District
|
Conditionally
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Subject to detailed requirements in Section 131
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SC
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Shopping Center District
|
Conditionally
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Subject to detailed requirements in Section 131
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*Downtown Columbia and Rte. 40 allow for some commercial and light industrial zoning, please see Section 125.
Source: Howard County Department of Planning and Zoning
Gasoline service stations are not permitted as a matter of right, conditional use, or special exception in the listed zones:
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B-l—Business Local,
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CAC—Corridor Activity Center,
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CC—Convenience Center,
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CCT—Community Center Transition,
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CE—Corridor Employment,
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CLI—Continuing Light Industrial,
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DEO—Density Exchange Option,
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HC—Historic Commercial,
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HD—Historic District,
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HO—Historic Office,
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I—Institutional Overlay,
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OT—Office Transition,
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PGCC—Planned Golf Course Community,
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POR—Planned Office Research,
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PSC—Planned Senior Community,
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R-12—Residential: Single,
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R-20—Residential: Single,
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R-A-15—Residential: Apartments,
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RC—Rural Conservation,
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R-ED—Residential: Environmental Development,
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R-MH—Residential: Mobile Home,
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RR—Rural Residential,
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R-SA-8—Residential: Single Attached,
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R-SC—Residential: Single Cluster,
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RSI—Residential: Senior Institutional,
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R-VH—Residential: Village Housing,
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SW—Solid Waste Overlay,
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TNC—Traditional Neighborhood Center, and
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TOD—Transit-Oriented Development.
The use of a gasoline service station must be indicated in the preliminary development plan approved by the zoning board in order for a gasoline service station to be built within a BR district.84 The same requirement is upheld for MXD 3 and MXD 6 districts; however, before a gasoline service station can be built in those districts, the zoning board is required to hold a public hearing.85 In addition, Section 131 of Howard County’s zoning regulations outlines specific requirements for zones allowing for conditional use of a gasoline service station, detailed below.
(§131.N.25) “A conditional use may be granted in the B-2, SC, M-1, M-2, or PEC Districts for gasoline service stations, provided that:
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The use will not adversely affect the general welfare or logical development of the neighborhood or area in which the station is proposed and will not have a blighting influence as a result of a proliferation of gasoline service stations within a particular area.
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The minimum lot size for a gasoline service station is 20,000 square feet. If a gasoline service station is combined with another use on the same lot, the minimum lot size shall be increased in accordance with the provisions of Section 131.N.25.i.
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The lot shall have at least 120 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 used if ingress or egress is provided to both roads.
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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.
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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.
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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 vehicle repair operations.
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Access driveways and on-site paved areas shall be designed and located to ensure safe and efficient movement of traffic and pedestrians.
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Operation
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Outside operations shall be limited to the dispensing of gasoline, oil, water, pressurized air, the changing of tires and minor servicing. Storage of all automotive supplies shall be within the main structure.
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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.
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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 gasoline service station.
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Where a gasoline service station is adjacent to a residential district, its hours of operation and a detailed lighting plan shall be approved by the Hearing Authority.
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Other Uses
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Other uses may be located on the same lot as a gasoline service station, 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 the
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minimum lot area is increased to accommodate the combination of uses. At a minimum, the minimum lot size of 20,000 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.
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In the PEC, M-1 and M-2 districts, the gross floor area of convenience stores shall not exceed 3,500 feet.
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Abandonment
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The premises (including landscaping) of any gasoline service station which is not in continuous operation or is abandoned shall be maintained in the same manner as is required under these regulations for operating gasoline service stations.
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A conditional use for a gasoline service station 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 gasoline service station 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.L. For purposes of this subsection, “continuous operation” shall mean operation as a gasoline service station at least eight hours per day, five days per week.
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If a gasoline service station is abandoned and the conditional use becomes void as provided above, all gasoline pumps, pump island canopies and other improvements (not including buildings) shall be removed from the site within six months of the date the conditional use becomes void.”86
Figure 49 represent the parking requirements for gasoline service stations based on the presence of service bays, car washes, and convenience stores (from §133.D.04 of Howard County’s Zoning Regulations). Figure 41 describes requirements for signage in Howard County.
Figure : §133.D.04 Parking Space Requirements for Gasoline Stations
Commercial Use
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Spaces Required*
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Gasoline service stations without service bays, with or without car washes
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3.0 spaces without car wash, 4.0 spaces with car wash
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Gasoline service stations with service bays
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3.0 spaces plus 3.0 spaces per service bay
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Convenience store ancillary to gasoline service station
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2.0 spaces per 1,000 sf (gross sf of convenience store’s floor area)
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*Fuel servicing spaces do not count as parking spaces.
Source: Howard County Department of Planning and Zoning
Figure : Allowed Gasoline Service Station Signage in Howard County
Signage
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Requirements
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Flat Wall Signs
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May be located anywhere on any wall of a building, except that, above the first floor, no window shall be situated within the surface area. Except in Downtown Columbia, a sign shall not cover a window or any part of a window.
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Projecting Signs
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May project no more than 42 inches over public rights-of-way, be no higher than 25 ft from the ground level, no closer than 8 ft to a curb line.In Ellicott City Historic District it may be no closer than 3 ft to a curb line, have minimum clearance of 10 ft above the finished grade of a sidewalk and 18 ft above any road, driveway or alley.
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Freestanding Signs
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May not exceed 1 ft for each 2 ft the sign is set back from the right-of-way and shall not exceed 26 ft from the grade level to the top of the sign. It shall be permitted only where there is a minimum of 40 lineal ft of lot frontage. Gas price posting signs are permitted up to an area of 32 sf per face.
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Commercial Directional Signs
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Shall be located only at road intersections, Maximum area of any consolidated sign shall be 12 sf, and no more than 4 such signs shall be permitted for any single business.
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Source: Howard County Department of Planning and Zoning
Howard County’s zoning regulations outline lot and use size requirements in addition to restrictions on floor area ratio (FAR) and setbacks. Figures 42 and 43 display those requirements based on the zone in which a gasoline service station is permitted.
Figure : Lot and Use Size Regulations for Gasoline Stations by Zone
Zone
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Min Lot Size (sf)
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Max Retail/Use Size per Floor Area (sf)
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Max Structure & Parking Coverage
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PEC, M-1, M-2
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Standalone: 20,000
With ancillary use: >20,000
|
Convenience store: additional 3,500
Gasoline Station: N/A
|
80%
|
B-2, SC
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Standalone: 20,000
With ancillary use: >20,000
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N/A
|
80%
|
BR
|
|
|
30%
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MXD-3, MXD-6
|
N/A
|
65,000
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30%
|
Source: Howard County Department of Planning and Zoning
Figure : Bulk Regulations—Minimum Setbacks and Floor Area Ratios (FAR)
Zone
|
Front (ft)
|
Rear (ft)
|
Sides (ft)
|
From Road (ft)
|
Abutting Other Zone (ft)
|
Max FAR
|
B-2
|
10
|
10
|
10
|
30
|
Residential: 30
|
N/A
|
BR
|
50
|
50
|
50
|
50
|
Residential: 100
Business or Industrial: 30
|
N/A
|
M-1
|
10
|
10
|
10
|
50
|
Residential: 100
CAC or TOD: 75
|
N/A
|
M-2
|
10
|
10
|
10
|
50
|
Residential: 150
CAC or TOD: 100
|
N/A
|
MXD 3 & 6
|
Determined through planning boards’ approval of a comprehensive sketch plan and development criteria
|
0.35 /0.50
|
PEC
|
10
|
10
|
10
|
30
|
Residential: 75
Other: 30
|
N/A
|
SC
|
30
|
30
|
30
|
100
|
Residential: 100
|
N/A
|
Source: Howard County Department of Planning and Zoning
The regulations detailed above represent Howard County’s zoning regulations and amendments as of April 2013. Section 130 of Howard County’s zoning regulations details the power of hearing authority for applications for nonconforming uses, variances, conditional uses, etc. It should also be noted that Howard County is currently in the process of updating its zoning regulations in accordance with PlanHoward 2030. The following policies from the County’s plan may affect gasoline service stations within the next three years.
It may also be useful to note that, according to §100.F.1 (administrative adjustments), a property owner may petition for adjustments to bulk regulations for an amount “not to exceed 20 percent of a stated bulk requirement.” Public hearings are held for administrative adjustments, the process of which is discussed in §100.H. 87
Policy 5.4—Enhancing the Route 1 Corridor, Subsection b.—Zoning Review
“Evaluate the efficacy of existing route 1 zoning districts (CE, CAC, TOD); consider more flexibility, especially regard commercial uses. Reduce strip commercial development along Route 1… directing truck-oriented uses, uses that require outdoor storage, and most auto-oriented retail uses such as gasoline service stations, automobile repair facilities and similar uses to part of the corridor not fronting on Route 1 and not near residential areas. Revise zoning as needed to ensure County vision is achieved.”88
Policy 10.4—Review and Update all County Development Regulations, Subsection c. Updated Conditional Use Regulations
“Review and, as appropriate, amend the County’s conditional use regulations to reflect updated land use policies. The regulations should reflect current best practices and policies to minimize the impact of development on the environment. For example, the regulations regarding gasoline service stations need to reflect changes in the gasoline industry in the last decade and the challenges of blight and environmental mitigation required for redevelopment of abandoned gasoline stations.”89
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