HomeMy WebLinkAbout03-15 BZA Staff Report - AugustAPPEAL APPLICATION #03-15
JAMES W. LOVELESS, JR. APPLICANT
Staff Report for the Board of Zoning Appeals
Prepared: July 7, 2015
Staff Contact: Mark R. Cheran, Zoning Administrator
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This report is prepared by the Frederick County Planning Staff to provide information to the
Board of Zoning Appeals to assist them in making a decision on this request. It may also be
useful to others interested in this zoning matter.
BOARD OF ZONING APPEALS HEARING DATE:
August 18, 2015
Public Hearing Action Pending
LOCATION: The subject property is located at 291 Independence Drive.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 64-11-16
PROPERTY ZONING & USE: Zoning: M-1 (Light Industrial)
Land Use: Warehouse
ADJOINING PROPERTY ZONING & USE:
North: M-1 (Light Industrial) Land Use: Warehouse/Office
East: M-1 (Light Industrial) Land Use: Warehouse
South: M-1 (Light Industrial) Land Use: Vacant
West: M-1 (Light Industrial) Land Use: Warehouse
Appeal Application #03-15 – James W. Loveless, Jr.
July 7, 2015
Page 2
APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Frederick
County Zoning Ordinance
REASON FOR APPEAL: Applicant is appealing the decision of the Zoning Administrator as to
land uses within the M-1 (Light Industrial) Zoning District.
STAFF COMMENTS: The property located 291 Independence Drive was cited for violation of the
Frederick County Zoning Ordinance Section 165-606.02, on June 8, 2015; for operation of the
FASST fitness center/gym within the M-1 (Light Industrial) Zoning District.
The County of Frederick uses the Standard Industrial Classification Code (SIC) to determine the
types of uses that are allowed within the County’s commercial and industrial zoning districts. Fitness
centers/gyms are classified as SIC-79 Amusement and Recreation Services operated indoors. This
use is only permitted within the B-2 (General Business) and B-3(Industrial Transition) Zoning
Districts. The SIC-79 classification use is not listed under the M-1 Zoning District. Therefore,
fitness/gyms are not permitted within the M-1 Zoning District under Section 165-606.02 of the
Frederick County Zoning Ordinance. This property being used as a fitness center/gym is in violation
of the Frederick County Zoning Ordinance.
STAFF CONCLUSIONS FOR THE AUGUST 18, 2015 MEETING: Staff is requesting to the
Board of Zoning Appeals to affirm the decision of the Zoning Administrator in the administration of
the Frederick County Zoning Ordinance, Section 165-606.02 that SIC-79 Amusement and Recreation
Services operated indoors is not a permitted use within the M-1 Zoning District.