Analysis of Gas Prices in Howard County, Maryland
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- B.4 Baltimore County
- B.5 Carroll County
- B.6 Frederick County
- B.7 Harford County
- B.8 Montgomery County
B.3 Baltimore CityBaltimore City is undergoing a zoning code rewrite, which will modify its treatment of gas stations. Under the existing code, gas stations are only permitted conditionally in specific business and industrial districts, of which there are six, which cover 65 square miles or 80.3 percent of the County. They are prohibited in the remaining 20 districts, which cover 77.7 percent of the County. Gas stations will be permitted outright in the newly defined C-4 zone in the rewritten zoning code. They will be permitted conditionally in C-2 and C-3. They will also be permitted conditionally in I-1 and I-2 zones.52 Gas stations will be subject to §14-314, which contains required standards for specific uses. For gas stations, lighting and driveways must meet specific standards. Convenience item sales are permitted as an ancillary activity to gasoline sales. The sale of alcohol is prohibited. Gas stations may also include an automatic car wash with one bay. Gas stations will not be subject to front yard requirements of the zoning district, but a landscaped yard of five feet must be provided, as well as buffer yard landscaping when adjoining residential areas. B.4 Baltimore CountyBaltimore County permits gas stations outright in four zoning districts, Business Local (BL), and three manufacturing districts (MLR, ML, and MH), which cover 15 square miles, or 2.5 percent, of the county’s land area. Gas stations are only permitted in a planned shopping center or drive-in cluster in the BL zone. For manufacturing zones, they are only permitted in a planned industrial park. Gas stations are prohibited in the remaining 38 zoning districts, or 90 percent of total districts, making the County the most restrictive in its regulation of gas stations from the standpoint of absolute number of districts. Districts that prohibit gas stations cover 584 square miles, or 97.5 percent of the County. Baltimore County also closely regulates the design of gas stations and accessory uses. The façade, rear, and sides of buildings on the property must be finished with the same materials, and indicated on the site plan, which is subject to review by the Planning Director. The zoning code defines permitted ancillary uses that are permitted by right in conjunction with gas stations including minor vehicle repair; convenience store with a sales are of up to 1,500 square feet; ATM machines; self-service vacuum stations; temporary outdoor sale of Christmas trees, firewood, cut flowers or live plants; and the sale of cigarettes, candy, drinks, snacks, and other items from vending machines. Combined uses permitted with a special exception include convenience stores and roll-over car wash; fast-food restaurants; and automobile, truck, and trailer rental. B.5 Carroll CountyIn Carroll County, mechanical maintenance or repair is prohibited at gas stations.53 The County permits gas stations outright in three zoning districts, Neighborhood Retail (B-NR), General Business (B-G), and Restricted Industrial (I-R), which covers six square miles, or 1.3 percent of the county’s land area. The Planning Board must hold a public hearing and approve a Comprehensive Sketch Plan to develop a fuel station. Conversely, gas stations are prohibited in the remaining 50 zoning districts (roughly 93 percent of total districts), or over 98 percent of the total land area. B.6 Frederick CountyGas stations in Frederick County are permitted as-of-right in the two Industrial districts (LI and GI), Mixed Use (MX), Village Center (VC), and General Commercial districts (GC) given the approval of a site development plan. As in most other jurisdictions, gas stations are prohibited in residential districts in Frederick County. Gas stations are prohibited in the nine zoning districts (69 percent of total districts, or over 98.3 percent of the land area, making this county similar to Harford County in terms of percentage restrictions in regulation of gas stations). B.7 Harford CountyHarford County gas stations are permitted conditionally in most commercial, mixed-use, and industrial districts if they comply with the applicable code requirements. For example, gas pumps shall be at least 35 feet from all road rights-of-way in a village business district.54 Gas stations are permitted in five zoning districts, which cover eight square miles (only 1.8 percent) of the county, including Village Business (B1), Community Business (B2), General Business (B3), Commercial Industrial (CI), and Mixed Office (MO). Gas stations are not permitted in 11 zoning districts, including several residential districts, or approximately 69 percent of the total number of districts. B.8 Montgomery CountyMontgomery County’s zoning code possesses the most zoning districts in the region. The County permits gas stations outright in six zoning districts, which cover two square miles of the county, the majority of which are community and residential mixed-use districts. Gas stations are permitted conditionally in 10 zoning districts that cover 16 square miles. Gas stations are prohibited in the remaining 56 zoning districts, or 96 percent of the total land area, including overlay zones. Their use is also prohibited regardless of underlying zoning in overlay zones. Montgomery County takes it a step further and includes a separate section in the zoning code outlining not only special requirements for gas stations but also overarching requirements. According to Section 59-G of the Zoning Code, special exceptions for gas stations may only be granted when the Board, the Hearing Examiner, or the District Council find that a need exists for the proposed use in the neighborhood. This is determined based on sufficient evidence and the present availability of identical or similar uses in the neighborhood.55 Following a zoning text amendment adopted on July 24, 2012, Montgomery County’s zoning code also possesses requirements for gas stations abutting residential zones, as well as distance requirements of 300 feet from the lot line of a school, park, playground, daycare center, or outdoor use if the gas station is designed to dispense more than 3.6 million gallons per year.56 The purpose of ZTA 12-07, as approved by the Council, is “to reduce the health risks and traffic and truck nuisance caused by large gas stations to nearby property where people, particularly children, have the opportunity for active outdoor recreation.”57 Montgomery County also regulates parking, signage, and bulk of gas stations. 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