Table of Figures



Analysis of Gas Prices in Howard County, MarylandPrepared forTalkin and Oh, LLPDaraius Irani, Ph.D., Executive DirectorSusan Steward, EconomistJessica Varsa, Senior Research AssociateRebecca Ebersole, Senior Research AssociateKierran Sutherland, Research AnalystDecember 27, 2013Towson, Maryland 21252 | 410-704-3326 | towson.edu/resiTable of Contents TOC \o "1-3" \h \z \u Table of Figures PAGEREF _Toc358357800 \h 4Acronyms and Abbreviations PAGEREF _Toc358357801 \h 61.0Executive Summary PAGEREF _Toc358357802 \h 71.1Economic Analysis Findings PAGEREF _Toc358357803 \h 71.2Land Planning Analysis Findings PAGEREF _Toc358357804 \h 81.3Conclusion PAGEREF _Toc358357805 \h 82.0Introduction PAGEREF _Toc358357806 \h 93.0Economic Analysis PAGEREF _Toc358357807 \h 103.1Annual Analysis PAGEREF _Toc358357808 \h 103.22012 Cross-Sectional Analysis PAGEREF _Toc358357809 \h 124.0Land Planning Analysis PAGEREF _Toc358357810 \h 154.1Zoning Considerations PAGEREF _Toc358357811 \h 154.2Examples of Gas Station Approvals and Denials in Howard County PAGEREF _Toc358357812 \h 194.3Number and Location of Gas Stations PAGEREF _Toc358357813 \h 204.4Underlying Zoning PAGEREF _Toc358357814 \h 245.0Conclusion PAGEREF _Toc358357815 \h 276.0References PAGEREF _Toc358357816 \h 29Appendix A—Economic Modeling Assumptions and Explanations PAGEREF _Toc358357817 \h 35A.1Assumptions PAGEREF _Toc358357818 \h 35A.2Results PAGEREF _Toc358357819 \h 36A.3Technical Discussion—Variables PAGEREF _Toc358357820 \h 37A.42012 Cross-Sectional Analysis Variable Discussion PAGEREF _Toc358357821 \h 42Appendix B—Summary of County Zoning Regulations PAGEREF _Toc358357822 \h 44B.1Howard County PAGEREF _Toc358357823 \h 44B.2Anne Arundel County PAGEREF _Toc358357824 \h 44B.3Baltimore City PAGEREF _Toc358357825 \h 45B.4Baltimore County PAGEREF _Toc358357826 \h 45B.5Carroll County PAGEREF _Toc358357827 \h 46B.6Frederick County PAGEREF _Toc358357828 \h 46B.7Harford County PAGEREF _Toc358357829 \h 46B.8Montgomery County PAGEREF _Toc358357830 \h 46Appendix C—County Zoning Regulations Pertaining to Gas Stations PAGEREF _Toc358357831 \h 48C.1Anne Arundel County PAGEREF _Toc358357832 \h 48C.2Baltimore City PAGEREF _Toc358357833 \h 53C.3Baltimore County PAGEREF _Toc358357834 \h 56C.4Carroll County PAGEREF _Toc358357835 \h 61C.5Frederick County PAGEREF _Toc358357836 \h 63C.6Harford County PAGEREF _Toc358357837 \h 65C.7Howard County PAGEREF _Toc358357838 \h 67C.8Montgomery County PAGEREF _Toc358357839 \h 73Appendix D—List of Relevant News and Cases PAGEREF _Toc358357840 \h 79D.1Anne Arundel County PAGEREF _Toc358357841 \h 79D.2Baltimore City PAGEREF _Toc358357842 \h 79D.3Baltimore County PAGEREF _Toc358357843 \h 79D.4Carroll County PAGEREF _Toc358357844 \h 79D.5Frederick County PAGEREF _Toc358357845 \h 80D.6Harford County PAGEREF _Toc358357846 \h 80D.7Howard County PAGEREF _Toc358357847 \h 80D.8Montgomery County PAGEREF _Toc358357848 \h 81Table of Figures TOC \h \z \c "Figure" Figure 1: Acronyms and Abbreviations PAGEREF _Toc358357849 \h 6Figure 2: Average Annual Retail Prices, 2012 PAGEREF _Toc358357850 \h 10Figure 3: Annual Analysis Regression on Margin PAGEREF _Toc358357851 \h 11Figure 4: Margin Differences by County PAGEREF _Toc358357852 \h 12Figure 5: Regression Analysis for All Counties, 2012 PAGEREF _Toc358357853 \h 14Figure 6: Gas Station Density in Howard County, 2012 PAGEREF _Toc358357854 \h 21Figure 7: Howard County Gas Station Locations PAGEREF _Toc358357855 \h 22Figure 8: Regulation of Gas Stations by Jurisdiction, 2012 PAGEREF _Toc358357856 \h 25Figure 9: Regional Gas Station Locations PAGEREF _Toc358357857 \h 26Figure 10: Annual Analysis Regression on Margin for 2002–2012 PAGEREF _Toc358357858 \h 36Figure 11: Annual Analysis Regression on Margin for 2002–2012 Statistical Parameters PAGEREF _Toc358357859 \h 36Figure 12: Cross-Sectional Analysis Regression on Margin for 2012 PAGEREF _Toc358357860 \h 37Figure 13: Cross-Sectional Regression on Margin for 2012 Statistical Parameters PAGEREF _Toc358357861 \h 37Figure 14: Correlation Matrix for Retail and Rack Prices PAGEREF _Toc358357862 \h 37Figure 15: Correlation Matrix for Margin and Rack Price PAGEREF _Toc358357863 \h 38Figure 16: Example of Lagged Rack Variable PAGEREF _Toc358357864 \h 40Figure 17: Gas Stations per Capita (1,000) by County, 2007–2011 PAGEREF _Toc358357865 \h 41Figure 18: Zones permitting Gasoline Service Stations in Anne Arundel County PAGEREF _Toc358357866 \h 48Figure 19: §18-3-104 Parking Space Requirements PAGEREF _Toc358357867 \h 50Figure 20: Allowed Gasoline Service Station Signage in Anne Arundel County PAGEREF _Toc358357868 \h 51Figure 21: Bulk Regulations—Minimum and Maximum Lot and Use Area Requirements PAGEREF _Toc358357869 \h 52Figure 22: Bulk Regulations—Minimum Setbacks and Floor Area Ratios (FAR) PAGEREF _Toc358357870 \h 52Figure 23: Zones permitting Gasoline Service Stations in Baltimore City PAGEREF _Toc358357871 \h 53Figure 24: §10-405 Parking Space Requirements for Gasoline Service Stations PAGEREF _Toc358357872 \h 54Figure 25: Allowed Gasoline Service Station Signage in Baltimore City PAGEREF _Toc358357873 \h 55Figure 26: Bulk Regulations—Minimum Setbacks and Floor Area Ratios (FAR) PAGEREF _Toc358357874 \h 55Figure 27: Zones Permitting Fuel Service Stations in Baltimore County PAGEREF _Toc358357875 \h 56Figure 28: §405.4 Parking Space Requirements for Fuel Service Stations PAGEREF _Toc358357876 \h 61Figure 29: Bulk Regulations—Minimum Setbacks and Floor Area Ratios (FAR) PAGEREF _Toc358357877 \h 61Figure 30: Zones permitting Fuel Stations in Carroll County PAGEREF _Toc358357878 \h 61Figure 31: §103-24 Parking Space Requirements for Fuel Stations PAGEREF _Toc358357879 \h 62Figure 32: §223-138 Allowed Fuel Station Signage in Carroll County PAGEREF _Toc358357880 \h 62Figure 33: Lot and Use Size Regulations for Fuel Stations by Zone PAGEREF _Toc358357881 \h 62Figure 34: Zones permitting Automobile Filling and Service Stations in Frederick County PAGEREF _Toc358357882 \h 63Figure 35: (§1-19-6.100) Lot and Use Size Regulations for Automobile Filling and Service Stations by Zone PAGEREF _Toc358357883 \h 64Figure 36: (§1-19-6.220) Parking Space Requirements for Automobile Filling and Service Stations PAGEREF _Toc358357884 \h 64Figure 37: (§1-19-6.320) Allowed Automobile Filling and Service Station Signage in Frederick County PAGEREF _Toc358357885 \h 64Figure 38: Zones Permitting Gas Stations in Harford County PAGEREF _Toc358357886 \h 65Figure 39: Lot and Use Size Regulations for Gasoline Stations by Zone PAGEREF _Toc358357887 \h 67Figure 40: Bulk Regulations—Minimum Setbacks and Floor Area Ratios (FAR) PAGEREF _Toc358357888 \h 67Figure 41: Zones Permitting Gasoline Service Stations in Howard County PAGEREF _Toc358357889 \h 68Figure 42: §133.D.04 Parking Space Requirements for Gasoline Stations PAGEREF _Toc358357890 \h 71Figure 43: Allowed Gasoline Service Station Signage in Howard County PAGEREF _Toc358357891 \h 71Figure 44: Lot and Use Size Regulations for Gasoline Stations by Zone PAGEREF _Toc358357892 \h 72Figure 45: Bulk Regulations—Minimum Setbacks and Floor Area Ratios (FAR) PAGEREF _Toc358357893 \h 72Figure 46: Zones permitting Automobile Filling Stations in Montgomery County PAGEREF _Toc358357894 \h 73Figure 47: (§59-E-3.7) Parking Space Requirements for Automobile Filling Stations PAGEREF _Toc358357895 \h 78Figure 48: Allowed Gasoline Service Station Signage in Montgomery County PAGEREF _Toc358357896 \h 78Acronyms and AbbreviationsA listing of economic and fiscal impact terminology frequently used throughout this report can be found in Figure 1.Figure SEQ Figure \* ARABIC 1: Acronyms and AbbreviationsTermDefinitionCUPPercentage of jurisdiction that is zoned to allow gas stations under a “conditional use permit.”CUP_ZoneDummy variable. “1” if the gas station is located within this zone, “0” otherwise.Distance RoadDistance of a particular station to a major highway such as I-695 or State Highway in miles.Distance StationDistance of a particular station to its nearest competitor in miles.Dummy VariablesVariables that are characteristic identifiers of the data, but are assigned the value 0 or 1 depending on the characteristic. For example, one may use “sex” in a regression and set 1 for “female” and 0 for “male.” If the respondent is female then the dummy variable will be 1, and and results will be the difference between male and females for the dependent variable.Household Income per CapitaThe average reported annual income for a region defined by the U.S. Census estimates divided by the recorded population estimates for the region as defined by the U.S. Census.MarginAverage recorded margins for a given region or station over a period of time (annual or weekly). Margins reflect the difference between retail and rack, less taxes and freight.NonconformDummy variable. “1” if the gas station is located in a nonconforming zone, and “0” otherwise.PermitPercentage of jurisdiction that is fully zoned for gas stations.PopulationThe average annual recorded or estimated population for a given region as determined by the U.S. Census.Rack ChangeThe difference in rack prices between the current period and the previous period.Rack (Wholesale) PricesAverage rack prices recorded over a period of time (annual or weekly) for a given region or station.Retail pricesAverage retail prices recorded over period of time (annual or weekly) for a given region or station.Stations per CapitaThe total number of stations within a given region during a period of time divided by the total population estimate as recorded by the U.S. Census.TaxThe average excise tax reported for that region during that time.Unbranded PercentThe percentage of unbranded stations within a given region during a period of time (annually) divided by the number to total stations during that same period. Source: RESI1.0Executive SummaryThe Regional Economic Studies Institute (RESI) of Towson University has been tasked with analyzing the retail gasoline market in Howard County, Maryland. RESI compared Howard County’s retail gasoline market to those in Baltimore City and Anne Arundel, Baltimore, Carroll, Harford, Frederick, and Montgomery Counties. RESI examined the structure of gasoline prices in Howard County through two separate and complementary analyses—an economic analysis and a land planning analysis—to fully answer the question, “Are gas prices in Howard County statistically different from gas prices in the surrounding jurisdictions? If so, why?”1.1Economic Analysis FindingsThrough regression analysis, RESI found the following factors determine, within a 95 percent significance level, annual changes in gas price markups:Percent of unbranded gasoline stations within a region;Station density per capita;Changes in rack (wholesale) prices;Population changes; andCurrent gasoline taxes.The analysis focuses on data collected between 2002 and 2012 for eight jurisdictions: Baltimore City and Anne Arundel, Baltimore, Carroll, Frederick, Harford, Howard, and Montgomery Counties. Across counties, RESI found that, with the exception of Montgomery County, Howard County’s unleaded gasoline retail markup was the highest of the remaining seven jurisdictions, all other things being equal. Montgomery County, historically, had the highest recorded retail price for gasoline across all jurisdictions observed in the study.Using 2012 weekly recorded data on gas prices by stations across eight jurisdictions, RESI ran a cross-sectional regression analysis and determined the following additional factors were statistically significant at the 95 percent confidence level in the short term:Regional population;Household income per capita;Distance from station to a major road;Distance to nearest competitor;Percentage of permitted gas stations zones;Percentage of permitted under conditional use permits;Difference between station’s and competitor’s prices;Zoning (conditional use zone, prohibited zone, or permitted zone); and,Being located within Columbia, Maryland.Across counties, RESI determine that retailers located within Columbia, Maryland, had higher margins than those not within Columbia, Maryland. Overall, margins for those located within permitted zones were statistically less than those located within conditional use permit zones and prohibited zones. RESI concluded that the margin variation across gas stations was related to the direct and indirect zoning regulations across jurisdictions.1.2Land Planning Analysis FindingsThrough qualitative and spatial analysis, RESI used gas station locations and zoning to create inputs for the economic analysis to analyze their influence on gas prices in Howard County. The findings for Howard County are consistent with economic theory regarding barriers to entry and competitiveness. Barriers to entry can include permit costs, length of time spent in the development review process, economic impact analysis fees, and new infrastructure construction. Zoning is a major barrier to entry for gas stations in particular. Gas stations require a conditional use permit in most zoning districts throughout the study area. In particular, RESI examined the way gas stations are regulated in Columbia, a planned, unincorporated community within Howard County. Columbia is laid out in a series of villages, each of which include a “center” containing services and amenities that are often not visible from main roads. Columbia’s development, which is almost wholly contained in the New Town District, requires approval of a Final Development Plan. Gas stations are typically included as part of the proposed development, which must meet the criteria specified in the Final Development Plan, the primary source of zoning requirements for any specific property in the New Town District. The remaining land in Howard County uses standard zoning districts where gas stations are either prohibited are subject to approval of a conditional use permit. 1.3ConclusionHistorically, unleaded gasoline retail markup tends to be higher in both Howard County and Montgomery County, all other things being equal. RESI found the following:As the percentage of unbranded gas stations increases in a jurisdiction, the unleaded gasoline retail markup tends to decline over time;Gas stations located within conditional use permit zones and nonconforming zones will have margins higher than those in permitted zoning regions; and,Gas stations located in Columbia, Maryland, will have higher margins than those within the study region.Overall, margins are affected greatly though land planning. The percentage of the region zoned for gas stations without barriers and with minimal barriers significantly impacts the retailer’s margins. The greater the barriers to enter the market in a given region, the higher the margins become for retailers since competition will be lessened or condensed. The further away from their competitors or the lack of competitors will also drive margins upwards for retailers. Through economic analysis, RESI found that gas stations in Columbia maintain a higher margin than other places in Howard County and elsewhere in the study region. Intentional planning and zoning decisions in Columbia’s New Town District may have an influence on the number and location of gas stations within its borders. If the zoning regulations are left unchanged, the trend may continue over time.2.0IntroductionThe Regional Economic Studies Institute (RESI) of Towson University has been tasked with analyzing the retail gasoline market in Howard County, Maryland. As part of the analysis, RESI compared Howard County’s retail gasoline market to those in neighboring jurisdictions (Baltimore City and Anne Arundel, Baltimore, Carroll, Harford, Frederick, and Montgomery Counties).RESI examined the structure of gasoline prices in Howard County through two separate and complementary analyses to fully answer the question, “Are gas prices in Howard County statistically different from gas prices in the surrounding jurisdictions? If so, why?” An economic analysis was conducted to determine whether or not branding, competition, and other economic factors have affected gas prices in each jurisdiction. An analysis of land planning, or zoning regulations, was conducted to determine whether or not location and zoning impact gas prices in each jurisdiction. RESI employed regression analysis to estimate a gas price margin model for the region. Using two separate Ordinary Least Squares regressions, RESI reviewed (1) the time-series effect on the regional gas stations and sustainability of the industry and (2) the cross-sectional effect across jurisdictions and stations to determine what factors contribute to the price differentiation. RESI ran the regressions and reviewed coefficient estimates to determine the size of the impact and if the impact has a positive or negative effect on price. Data regarding the retail prices, location, and wholesale markup were used in estimating the effect, if any, of factors such as branded or unbranded stations. Annual data allowed RESI to create a variable, “gas stations per capita,” that took the number of establishments and divided it by the total population within that region during that given period. This allowed RESI on an annual basis to determine the potential competition within a region. Results of this regression analysis were reported on the 95 percent confidence level, indicating the most significant factors that impact retail gas prices.RESI also investigated the influence the factors of location and zoning have on gas prices in Howard County. RESI conducted a spatial analysis of the location of gas stations, closest competitors, the distance to major highways, percentage of jurisdictions zoned outright allowing gas stations, and percentage of jurisdictions allowing gas stations through a conditional use permit. RESI performed a zoning diagnostic for the eight jurisdictions, enabling ease of comparison across jurisdictions in how they regulate the siting and locating of gas stations within their borders. The findings from the qualitative zoning analysis were then used in the economic analysis to determine their influence on gas prices.As part of the zoning analysis, RESI reviewed specific cases of the regulation of gas stations, primarily in Howard County. RESI reviewed documents including technical staff reports, conditional use permit and rezoning applications, and newspaper articles. The findings were further informed by discussions with staff at Howard County. Several cases are cited in the text. However, Appendix B contains a comprehensive list of cases reviewed.In addition to the economic and land planning analyses, RESI has reviewed and included examples of comparative research on factors that lead to changes in retail gasoline prices as a basis of comparison.3.0Economic AnalysisTraditional economic analysis would hint to researchers to investigate key elements such as gas prices, household income, expectations, and market share or competition to determine the potential gas price within an area. RESI took a traditional approach running an ordinary least squares model based on preconceived supply and demand factors that may influence gas prices. The results and statistical significance of each variable have been recorded in the following subsections.3.1Annual AnalysisRetail prices of gas over eight counties within Maryland provided RESI with a potential dependent variable for analysis. RESI reviewed the prices across the eight counties for 2012 to determine if any difference existed through simple observation. Reviewing over 1,000 gas stations across eight counties, RESI determined an average annual retail price for each county during 2012 in Figure 2.Figure SEQ Figure \* ARABIC 2: Average Annual Retail Prices, 2012CountyAverage Retail PriceAnne Arundel$3.56Baltimore$3.57Baltimore City$3.58Carroll$3.56Frederick$3.63Harford$3.55Howard$3.65Montgomery$3.70Sources: RESI, OPISReviewing Figure 2, RESI was able to determine that some price difference existed across counties, but further analysis was necessary to determine if this was a one-time event or an annual trend. RESI performed an econometric analysis of the change in prices over time across the eight counties on an annual basis first.To determine the factors that may impact the price, RESI researched previous studies concerning the differentiation on gas prices across regions and brands. Studies stated that increases in input costs such as labor, wholesale costs, and taxes at times may add to the rapid rise in retail gasoline prices; however, as the costs decrease, gas prices will be slow to decrease in response.Other statistically significant variables included household income as a proxy for the wealth of a county, population change, stations per capita, and percentage of unbranded stations per capita. To conduct the analysis, data was gathered for a period from 2002 to 2012. Data presented over time is termed as “time series” data in economics. The data collected spanned across Baltimore City and Anne Arundel, Baltimore, Carroll, Frederick, Harford, Howard, and Montgomery Counties. The review of more than a single jurisdiction is termed “cross-section,” meaning that the data is reported across various jurisdictions. Using this data, RESI ran the following time series cross-section panel data model:logmargin averageit=β0it+β1itlog?(stationsper 1,000 residents)+B2itloghousehold incomechange+β3itlogpercentage unbranded+β4itlogpopulationchange+β5itdummyAnne Arundel+β6itdummyBaltimore+β7itdummyBaltimore City+β8itdummyCarroll+β9itdummyFrederick+β10itdummyHarford+β11itdummyMontgomery+β12itlograck averagechange+β13itlogtax averagecurrent period+β14itlogtax averagelagged lagged one period+εitWhere i represents the cross-section identifier, in this case the jursidiction, and t represents the year. Variable descriptions and discussion are available in Appendices A.1 and A.3.Figure SEQ Figure \* ARABIC 3: Annual Analysis Regression on MarginVariableImpact Multipliert-statisticStatically Significant at 5% (Y/N)Intercept-3.011-4.575YesHousehold Income Change0.1440.330NoPercent Unbranded-0.177-2.264YesStations per 1,000 Residents0.4663.381YesPopulation Change-10.023-3.066YesDummy (Anne Arundel)-0.393-6.420YesDummy (Baltimore)-0.372-8.546YesDummy (Baltimore City)-0.303-5.278YesDummy (Carroll)-0.385-6.199YesDummy (Frederick)-0.116-1.421NoDummy (Harford)-0.676-9.727YesDummy (Montgomery)0.4065.586YesRack Change0.5458.500YesTax Current Period0.5841.649NoTax Lagged-One Period-2.472-4.388YesSources: RESI, OPIS, U.S. Census Figure 3 highlights the annual analysis on the primary economic factors for the annual regression. The model predicts approximately 87 percent of variation based on non-land planning variables. At the 95 percent confidence level, RESI’s regression shows that there is some difference on the retailer’s margins for specific variables annually. When reading the table above for the variables such as “Percent Unbranded,” the results are the following: for every one percent increase in the percent of unbranded gas stations in a region, there is a 0.18 percent decrease in margins for a retailer.The variations of the locations in this model are represented through dummy variables. For example, if a retailer is located in Anne Arundel County, then the dummy variable for Anne Arundel was equal to one. For all other dummy variables, the value was equal to zero. If all the dummy variables equal zero, then the retailer was located in Howard County. More information on interpreting dummy variables is located in Appendix A.3. Since reading the impact of dummy variables is not as straightforward as the interpretation of other numerical figures, Figure 4 displays all the margin differences for each county dummy below in reference to their difference from Howard County. One would read Figure 4 as “retailers in X county would see margins X percent less (greater) than Howard County.”Figure SEQ Figure \* ARABIC 4: Margin Differences by CountyCountyImpact MultiplierMargin Difference from HowardAnne Arundel-0.393-32.5%Baltimore-0.372-31.1%Baltimore City-0.303-26.1%Carroll-0.385-32.0%Frederick-0.116-11.0%Harford-0.676-49.1%Montgomery0.40650.1%Sources: RESI, OPISIn Figure 4, one would interpret the dummy variable for Anne Arundel as “retailer margins in Anne Arundel County are 32.5 percent less than those in Howard County” after using the conversion formula. The percentage differences are presented in Figure 4 for convenience. The only jurisdiction where gasoline retailers recorded receiving higher margins on average compared to Howard County is Montgomery County. The estimates are consistent with what RESI saw in the data reported by the Oil Price Information Service (OPIS). The regression results show that the model could explain nearly 87 percent of the change in margins for a retailer. In the following section, RESI completed a more thorough analysis of a single year for 52 weeks across the eight jursidictions and added land planning components.3.22012 Cross-Sectional AnalysisTo determine the impact of the land planning characteristics on gas prices, RESI decided to look more closely at a one-year period across gas stations and jurisdictions. For this analysis, RESI created new variables to account for specific data within 2012. New variables introduced included the following:Percentage of the jurisdiction that permits gas stations outright;Percentage of the region that permits gas stations under a conditional use permit;Distance from a major road;Distance from another station;If the gas station was located within a conditional use permit zone;If the gas station was located within a nonconforming zone;The difference between a gas station and its closest competitor; and, If the gas station was located within Columbia, Maryland.Unlike the other jurisdictions RESI examined, Howard County does not contain any incorporated areas. As a result, RESI omitted the gas stations in incorporated areas from the analysis. Reviewing the data, RESI determined that the gas prices were highest within Montgomery County, followed by Howard County. Further review of Howard County revealed that Columbia, Maryland, had the highest gas prices within Howard County. The gas prices for stations in Columbia, Maryland, for 2012 at times equaled or exceeded those of Montgomery County retailers’ prices in some instances.The station density variable, stations per 1,000 residents, was dropped from this analysis due to multicollinearity issues between the variable and “distance to next station.” Due to the limitation of annual data for the land planning piece, RESI decided to use observed weekly data for 2012 across the eight regions and averaged the pricing data over the 52 weeks. A total of over 900 gas stations were observed in the model for 2012. The model presented in Section 3.1 transformed into the following:margin averagei=β0i+β1ipopulationin thousands+B2ihousehold incomeper 1,000 residents+β3ipercntage unbranded+β4idifference in competitor prices+β5ipercent permit+β6ipercent conditional use permit+β7itdistance from major road+β8idistance from next station+β9irack price+β10idummyLocated within a conditional use permit zone+β11idummyLocated within a nonconforming zone +β12idummyLocated in Columbia, MD+ εiFor more information or a reference to the definition of the variables above, please refer to beginning of the report for the acronyms and abbreviations list. RESI performed the basic analysis for all counties and all brands first. The results are reported in Figure 5.Figure SEQ Figure \* ARABIC 5: Regression Analysis for All Counties, 2012VariableImpact Multipliert-statisticStatically Significant at 5% (Y/N)Intercept3.3866.814YesPopulation in thousands0.0004.711YesHousehold income per 1,000 residents0.0891.461NoDifference in competitor prices0.43410.650YesPercentage of Unbranded0.2123.577YesPercent Permitted-0.439-8.598YesPercent CUP-0.097-7.128YesDistance to Major Road-0.005-5.040YesDistance to Next Station0.0155.017YesRack Prices-1.103-6.580YesDummy—located within a conditional use permit zone0.0152.214YesDummy—located within a nonconforming zone0.0121.667NoDummy—located within Columbia, MD0.1079.358YesSources: RESI, OPIS, U.S. CensusFigure 5 shows the impact multipliers for given variables against the log variable “margin.” In this linear-linear model, one can read the above impacts as follows: “For every additional mile away from a major highway a gas station is, then the margins decrease by approximately $0.01.” Rack price is a little harder to determine, since rack prices hardly ever change by one dollar in the short term. Instead, one is more likely to see a 10 cent increase in the rack price of unleaded gasoline during a short period. Given this, one would say “If rack prices increase by $0.10, then gas retailer’s margins will decrease by approximately $0.11.” To read the dummy variable “Dummy—located within Columbia, MD” above, the reader would interpret it as follows:“If a retailer is located within Columbia, their margins will be approximately $0.11 higher than other retailers within the eight jurisdictions observed in this model.”In interpreting the variable “Dummy—located within a conditional use permit zone” and “Dummy—located within a nonconforming zone,” the following can be stated:“If a retailer is located within a conditional use permit zone, margins on average margins will be approximately $0.01 higher than those located within permitted zones.”In conclusion, the variables included in both the 2012 cross-sectional and annual analyses are consistent across the two analyses, with the exception of percent unbranded. 4.0Land Planning AnalysisThe regulation of gas stations in Maryland dates back to the mid-1960s when Spiro T. Agnew, as county executive, declared a moratorium on construction of new stations due to their proliferation. He directed the planning board to establish criteria for service stations. Although the moratorium was declared unconstitutional, the planning board developed its recommendations, which were made into law. The law essentially called for the establishment of districts where new gas stations could be located versus those where a public hearing was required. Almost fifty years later, gas stations face the same level of regulatory scrutiny in Maryland counties, where both the siting and operation of gas stations are regulated. As RESI will illustrate, Howard County, with its rapidly growing population, has several examples of gas station approval decisions and the accompanying public review process, indicating the ongoing control of their use.4.1Zoning ConsiderationsPut simply by William Fulton—author, urban planner, and politician—“planning is the process by which our society decides what gets built where.” Zoning is one of the regulatory tools afforded to local government to regulate the use of land within its boundaries. Other examples include subdivision regulations and design review guidelines.The constitutionality of zoning was granted by the 1926 Supreme Court case Euclid v. Ambler, resulting in what is now known as Euclidean zoning, or “the division of all of the municipality’s land into use districts.” Zoning, as an exercise of the local police power, regulates the location of businesses and uses of land, which is justified on the grounds that it provides for the protection of public health, safety, and welfare. As a result, zoning’s effects on development patterns and property values are well documented. Academic studies and regulatory findings make up a large portion of the body of knowledge on how zoning can or has impacted the location of specific land uses, including gas stations.Academic StudiesWith rapidly fluctuating gas prices, academic research has centered on the influence of local and regional market conditions on the price of gas at the pump. A study authored by Barron, Taylor, and Umbeck in 2004 provides predictions of the effect of the number of competing gas stations on market prices and the variation in price across sellers of retail gasoline. The study suggests that price variation can result from “standard monopolistic competition,” or from consumers lacking knowledge on the location of the lowest price. Taking it one step further, and compounding international factors, the authors found that zoning laws allow some cities to build more stations per square mile, and with fewer restrictions, than other cities. About ten years ago, Barron, Taylor, and Umbeck, conducted a study of gas stations in three California cities over a three-month period to determine why retail gas prices varied geographically. More gas stations and higher prices were witnessed in Los Angeles, which possesses more relaxed zoning laws, which in turn decreased sales volume more significantly because consumers were able to drive shorter distances to buy competitor’s gasoline. The authors found the inverse to be true in San Francisco, where more restrictive zoning resulted in fewer stations. Consumer behavior was less price elastic, thus less price sensitive, with consumers being more willing to purchase gas at higher prices than drive greater distances between stations. Not too surprisingly, gas station owners in Los Angeles were less likely to increase their prices than station owners in San Francisco. A study released by the U.S. Government Accountability Office in 2005 also found that higher per capita incomes, hence less price sensitivity, in San Francisco as compared with Los Angeles may have been a factor in explaining why gasoline prices were higher in San Francisco.Regulatory FactorsBecause of the traffic and safety concerns generated by gas stations, they are heavily regulated, and consequently subjected to additional oversight. The two most common methods for approving a gas station in areas where they are not permitted outright are rezoning and conditional use permits (CUP). A rezoning takes place when an amendment is made to the zoning map to reclassify a property or parcel within a district and often involves a public hearing conducted by a regulatory body such as a zoning board. Decisions of zoning boards to grant or deny applications constitute quasi-judicial decisions of municipal administrative agencies. A CUP can provide flexibility within a zoning ordinance, allowing a city or county to consider special uses that may be essential or desirable. Conversely, it can also enable a municipality to regulate certain uses that could have detrimental effects on the community. Conditional use permits allow for specific and public considerations of each business development proposing to sell gas.In Howard County, the CUP process entails applying to the Planning and Zoning Department, whereby the agency comments and provides a staff report with recommendations. The case is then heard by the Hearing Examiner. If no one appeals, the case is considered final. If appealed, it goes to the Board of Appeals, which consists of five members. Alternatively, gas stations and other uses can be regulated through Special Exception, which allows for additional considerations and regulations surrounding their use (residential, commercial, industrial, etc.), bulk (how much of the parcel the use takes up), and performance (what the impact of the use has on the property and surrounding properties, such as emitting smoke, noise, or odor). Some communities have even enacted the required spacing of gasoline stations along busy highways in an attempt to reduce traffic accidents. For example, the City of Elk Grove, California, south of Sacramento, permits a maximum of two service stations at any single intersection; stations must also be separated by a minimum of 500 feet. Muskego, Wisconsin, maintains a 1,500-foot separation requirement unless a special exception is granted by the Plan Commission.Providing a source of relief from evolving zoning ordinances, gas stations can continue to operate as nonconforming uses in zoning districts where they are no longer permitted. When new zoning is established, the ordinance cannot eliminate structures already in existence. For instance, if a district is zoned residential, a preexisting gas station becomes a nonconforming use. This is the case throughout the study area, particularly in residential districts, and zones dedicated to accommodate population and economic growth. As long as the property containing nonconforming use status does not change, through expansion or a change in the nature of business, its status is protected. Other regulatory and market considerations may influence the price of gas. Costs and barriers to entry such as taxes, labor, and environmental compliance play into business owners’ decision making and are assumed to be fixed costs for the purpose of analysis. Many jurisdictions require gas station owners to acquire licenses to conduct business, including licenses for the operation of retail sales, cigarette sales, liquor sales, underground storage tanks, and fuel hoses, as well as Environmental Protection Agency licenses and public health permits, all of which may influence the price of gas. Market ImplicationsA Canadian study by Eckert and West in 2005 documented that property values may influence the likelihood of a gas station to succeed, as well as influence gas prices, in a location on the urban periphery versus the urban core. Supporting those findings, a recent article in the Washington Post discusses the influence of rising property values on gas stations in Montgomery County. Demographic trends, fuel-efficient vehicles, and the economic downturn also play a part in the national decline in gas stations. The long-term implications for automobile owners living and working in the area are apparent. When gas profits can no longer keep up with rising real estate values, gas stations owners have sold their business in cities and inner suburbs near Washington, D.C., allowing them to be redeveloped for more profitable uses. Following this trend, at least two gas stations in Bethesda have stopped selling gas or closed in recent years with plans to be replaced with a high-rise apartment building and a new bank. On Wisconsin Avenue, Eastham’s Service Station’s lease expired in 2012 and a developer who purchased the land plans to replace the station with a large apartment complex. An owner of a BP station at the corner of Wisconsin and Highland Avenue recently that was losing money signed a twenty-year lease with TD Bank to build on the munity Character and the Planning ProcessNumerous jurisdictions cite traffic, safety, and community character as considerations in denying or approving gas stations in specific areas. Policies surrounding land use and community character are found in the municipality’s Comprehensive Plan. In Maryland, State law requires consistency between comprehensive plan recommendations and zoning. Howard County’s most recent plan update, PlanHoward 2030, contains policy recommendations for the treatment of gas stations. For example, Policy 5.4 deals with the Route 1 corridor revitalization strategy and implementing actions to reduce the strip commercial development by directing automobile-oriented uses away from the main road and residential areas.Policy 10.4 involves the County’s responsibility to respond to changing market conditions and update conditional use regulations accordingly, and reads as follows:The regulations should reflect current best practices and policies to minimize the impact of development on the environment. For example, the regulations regarding gasoline stations needs to reflect changes in the gasoline industry in the last decade and the challenges of blight and environmental mitigation required for redevelopment of abandoned gas stations. Howard County has a history of public involvement in the regulation of new gas stations within its borders. In December 2012, the Howard County Independent Business Association, Inc., filed a Zoning Regulation Amendment Request to amend Section 131.G and 131.N.25 of the County’s Zoning Regulations. The petitioner requested that the conditional use regulations for gas stations applicable in the B-2, SC, M-1, and PEC zones be amended “to reflect current land use policies, to incorporate reasonable regulations that reflect changes in the gasoline industry, and to establish reasonable standards to address the environmental impact and potential blight.” The summarized requested changes by the petitioner are as follows: Extend applicability of conditional use regulations for gas stations into the New Town District, Require a needs analysis to demonstrate a public need for proposed stations,Impose distance requirements between stations to mitigate the environmental impacts caused by a concentration of gas stations,Impose tank size limits to decrease the risks of environmental contamination,Impose stacking requirements to protect the safety of consumers, andEstablish the burden of proof for an applicant in a conditional use hearing.The petitioner justifies the requested changes on the basis that they are necessary to mitigate the potential harmful impact that a concentration of gas stations can have on the environment, and are consistent with Policy 10.4 of PlanHoward 2030, which stipulates updating the conditional use regulations for gas stations. Although whether the petitioner will be successful on the whole or in part has not yet been determined, the application proposes additional regulatory oversight of gas stations in Howard County.4.2Examples of Gas Station Approvals and Denials in Howard CountyGas stations require a CUP in the majority of permitted districts in Howard County. As a result, there are many documented cases of gas station approvals and denials in Howard County in the past ten years. According to an analysis conducted by Tony Redman, AICP, testifying against the development of a gas station at Waverly Woods Village, there have been thirteen sites subject to Board of Appeals cases for conditional use applications for gas stations in Howard County during this period.The most notable cases include the multiyear process to develop a gas station in Waverly Woods Village, a master planned community in northwestern Howard County. Beginning in 2007, Convenience Retailing, LLC, sought a rezoning of a one-acre property from B-1 to Planned Employment Center (PEC) and approval of a documented site plan for a gas station with a convenience store and car wash at the intersection of Warwick Way and Birmingham Way. The Planning Board unanimously recommended that the parcel adjacent to Waverly Woods Village Center be rezoned; however, the Zoning Board rejected the plan after appeals in 2007 and 2008, citing that there had not been a substantial change in the character of the neighborhood or a mistake in the original zoning.In 2009, after the unsuccessful attempt to rezone for the siting of the gas station in the Village, Convenience Retailing, LLC, petitioned for the development of a gas station in combination with a convenience store and car wash in the PEC zoning in the eastern portion of the Waverly Woods Village Center. Opponents of the proposal cited traffic and safety concerns in the residential neighborhood that may result from the development of a gas station. Through a minority decision, the petitioner was granted a CUP, with the dissent expressing traffic concerns. The gas station was constructed in November 2010 at 10781 Birmingham Way. Another gas station in Waverly Woods Village proposed by the Waverly Woods Development Corporation at the corner of Marriottsville Road and Barnsley Way also met opposition. In November 2010, the Howard County Board of Appeals Hearing Examiner denied the CUP petition. A Department of Planning and Zoning technical staff report noted that a gas station and convenience store already exist nearby at the Waverly Woods Village Center, “so a second gasoline station and convenience store is unnecessary for the Waverly Woods neighborhood, and would likely mainly serve pass-through traffic, including traffic using I-70.” The County’s technical report also indicated potential problems with the proposed gas station’s access points.Following a series of public hearings by the Howard County Board of Appeals, Weis Markets successfully petitioned for a conditional use for a gasoline station in a B-2 Zoning District on the site of an existing Weis Market on a 12.24-acre parcel in April 2008. Two individuals who testified against the station claimed that the additional gas station would be detrimental to existing gasoline stations along Route 1 in Laurel, referencing Howard County’s General Plan, which recommends that gas stations and auto-oriented retail uses be directed away from Route 1 and from residential areas.Currently, Giant of Maryland, LLC, is in the middle of an appeals process for a conditional use for a gas station in a B-2 zone located in the northeastern portion of the property in the Columbia Palace shopping center, which is anchored by a Giant Food Store, located at 8805 Centre Park Drive. The Department of Planning and Zoning recommended approval of the CUP request in 2012. The case was heard by the Hearing Examiner and appealed to the Board. According to the Assistant to the Hearing Examiner and Board of Appeals, there have been over 10 hearings on this particular case over the past two years. The previously described cases are exemplary of the trend in decisions of the regulation of gas stations in rapidly growing areas of Howard County. Although the above examples are from Howard County, gas stations are regulated through a public process throughout the state. A list of links to news coverage of notable zoning and conditional use approval decisions within the region and their associated findings is included in Appendix C. 4.3Number and Location of Gas StationsAs part of the land planning analysis, RESI performed a zoning diagnostic for each of the eight study area jurisdictions. Individual zoning codes were reviewed for relevant regulations involving the siting and location of gas stations. What follows is a summary of the way Howard County regulates gas stations within its borders. The relevant sections from each municipality’s zoning code can be found in Appendix B. As part of the analysis, RESI examined the number of gas stations per zone in Howard County, both in terms of quantity and area. Howard County’s Zoning Code outlines special considerations for 59 conditional uses, including gas stations, in Section 131.N.25. The full section is included in Appendix B.Figure 6 below depicts the density, or concentration, of gas stations by district in Howard County. For each district where gas stations are located, the number of gas stations found in that district is listed in the far right column. Gas stations are either permitted outright, conditionally, or through special exception, or exist as nonconforming uses, depending on the zoning in Howard County. Gas stations are most commonly located in zoning districts where they are permitted conditionally or through special exception, with the majority located in General Business (B-2) and New Town/Columbia (NT). Figure SEQ Figure \* ARABIC 6: Gas Station Density in Howard County, 2012Underlying Zoning DistrictOverlayGas StationsPermitted OutrightMXD 3 & 6Mixed Use Development > 75 acres2Total 2Conditional Use or Special ExceptionB-2General BusinessTNC18M-1Light Manufacturing District1M-2Heavy Manufacturing District5NT*New Town/Columbia17PECPlanned Employment Center3SCShopping Center District0Total44Nonconforming UseCACCorridor Activity CenterCLI2CECorridor EmploymentCLI4PORPlanned Office Research2R-20Residential: Single8R-A-15Residential: Apartments1R-SCResidential: Single Cluster3RCRural ConservationDEO5RSIResidential: Senior-Institutional1Total26Total72*Gas stations permitted as part of Final Development Plan in New Town Zoning District and are subject to Sections 125 and the requirements in the Downtown Columbia PlanSources: Howard County, OPIS, RESIAs shown in Figure 6, Howard County had a total of 72 gas stations in 2012. Of that total, only two stations (3 percent of the total) were located within zones that permit the use of gas stations as a matter of right. Alternatively, over 61 percent of the County’s gas stations are located in districts that only allow gas stations through a conditional use permit or as part of a Final Development Plan in the New Town Zoning District. The remaining 36 percent of gas stations in Howard County are located in residential, rural, and corridor districts as nonconforming uses. Figure 7, Howard County Gas Station Locations Map, portrays the information in Figure 6 geographically. Gas stations are concentrated in the New Town District in Columbia, northwest of I-95, and along major roadways, including US Routes 1, 29, and 40, in the central and eastern portions of the County. Several are located in and around Ellicott City. Districts where nonconforming gas stations are located are primarily residential and rural areas, which comprise the western and north-central portions of the County.Figure SEQ Figure \* ARABIC 7: Howard County Gas Station LocationsSources: Howard County Planning Office, OPIS, RESIHoward County’s land use pattern also dictates where gas stations are located. The urban growth boundary creates a division between zones identified for development in the eastern third of the county and those reserved for the preservation of agricultural land in the western two-thirds. Maryland’s Smart Growth initiative requires counties to designate “Priority Funding Areas” (PFAs) that are eligible for future State financial assistance for growth, which correspond with areas to the east of the County’s Suburban-Rural Demarcation Line.Howard County is also home to Columbia—the second most populous community in Maryland after Baltimore—an unincorporated, planned community comprised of ten self-contained villages. Each of these villages includes a “center” containing services and amenities, which is often not visible from the main road. The land use pattern in the villages is largely driven by the Downtown Columbia Plan and individual projects are overseen by the development review process. The New Town (NT) Zoning District was created in 1965 and is the zoning classification for Columbia. In 1971, following shortly after the establishment of Columbia, a researcher interested in examining the influence of social goals on master planned communities found that the New Town zoning was a key element in establishing and guiding development of Columbia. The remaining land in Howard County uses standard zoning districts such as M-1, M-2, B-1, B-2, R-20, R-12, etc.Gas stations in the New Town Zoning District are subject to requirements in Sections 125 of the Howard County zoning code and must conform to the Downtown Columbia Plan. Development in the New Town zoning designation is subject to approval of a Final Development Plan. Gas stations are typically included as part of the proposed development, which must meet the criteria specified in the Final Development Plan, the primary source of zoning requirements for any specific property in the New Town District. Approval is at the discretion of the Planning Board, which is made up of five County citizens, and includes approval of a Preliminary Development Plan, a Comprehensive Sketch Plan, a Final Development Plan, and the Site Development Plan. Elsewhere in the county, Planning Board decisions serve as recommendations for the County Council, an elected body that also serves as the Zoning Board, which often makes the final decisions on many zoning and development issues. At each stage of the New Town District development process, public meetings are held. According to another journal article published in 1967 in the Journal of the American Institute of Planners in (reprinted in Journal of the American Planning Association in 2007), decisions involving the size and location of activity centers based on the overall community structure dictated the size of amenities such as schools, shopping, and entertainment. Columbia continues to experience the tension between the original goals of a post-industrial society and the forces of the open economic market and competition. However, attempts to revise the zoning requirements for the New Town District in Howard County have been unsuccessful to date. Future analysis could evaluate the amount of “developable” land remaining for gas stations in Howard County, and whether it has an impact on gas prices. Such an analysis would entail examining zoning, the size of parcels, the assessed value of land and improvements, and the existing land use in order to determine the amount of land suitable for gas stations. 4.4Underlying ZoningAs part of RESI’s land planning analysis, zoning regulations pertaining to gasoline service stations were summarized for each of the eight counties including Howard County. Figure 8 below depicts the regulation of gas stations by jurisdiction, both in terms of number of zones and stations. For the full excerpts from each county’s zoning code, please refer to Appendix B. Figure 9 portrays this information in map form.Figure SEQ Figure \* ARABIC 8: Regulation of Gas Stations by Jurisdiction, 2012CountyPermitted Outright%CUP/SE%Nonconforming/ Prohibited%Incorporated Areas%TotalZonesAnne Arundel910%623%1967%----34Baltimore City00%1423%677%----20Baltimore 410%00%3890%----42Carroll36%12%793%----11Frederick531%00%1069%----15Harford 531%00%1169%----16Howard 25%616%2879%----36Montgomery 67%1923%5669%----81StationsAnne Arundel84%15682%116%168%191Baltimore City00%156100%00%00%156Baltimore 22294%00%146%00%236Carroll2648%00%59%2343%54Frederick3035%00%56%5059%85Harford 5974%00%2126%0080Howard 23%4461%2636%0072Montgomery 126%13063%3617%2914%207Square MilesAnne Arundel30.8%31274.9%9121.9%102.4%416Baltimore City00.0%6580.3%1922.9%00.0%81Baltimore 10517.6%00.0%49382.4%00.0%599Carroll61.3%20.5%4259.6%163.6%449Frederick201.8%00.0%61192.2%324.8%663Harford 81.8%00.0%35781.1%7517.1%440Howard 21.1%3514.1%21585.2%00.0%252Montgomery 20.4%163.2%42485.4%5411.0%496Sources: OPIS, RESIFigure SEQ Figure \* ARABIC 9: Regional Gas Station LocationsSources: County planning offices, OPIS, RESIAs shown in Figure 8, the greatest number of gas stations can be found in Baltimore City, followed by Montgomery County. Howard County has the fewest number of stations following Carroll County. Compared to the population in Harford and Frederick Counties, which are more rural in nature, Howard County has relatively few gas stations per capita. Gas stations per capita are represented in Figure 15, Gas Stations per Capita (1,000) by County, 2007–2011, in Appendix A.3. It is also apparent from the map that gas stations are primarily located near population centers and major roadways.5.0ConclusionRESI reviewed gas price data for gas stations across eight jurisdictions between 2002 and 2012. Using a time-series analysis, RESI determined that across counties over time there was a statistical difference between Howard County and the other jurisdictions within the model. Montgomery County was the only jurisdiction to exhibit margins higher than stations located within Howard County. Other factors such as stations per capita and population were highly statistically significant variables concerning gas retailers’ margins.RESI found the following factors to determine, within a 95 percent significance level, annual changes in gas price markups:Percent of unbranded gasoline stations within a region;Station density per capita;Changes in rack (wholesale) prices;Population changes; andCurrent gasoline taxes.A more detailed analysis using a one-year period, 2012, across gas stations was created to determine what regional factors may contribute to the statistical difference in retail margins. Variables for gas stations located in CUP and nonconforming zones were added into the model along with variables for percentage of the region in square miles that allowed for gas stations. Results from the analysis could explain nearly 64 percent of the variation in the retailers’ margins, and land planning factors were highly statistically significant. Of the land planning variables that were statistically significant, RESI found that gas stations located within zones where gas stations are permitted conditionally (CUP/SE) had higher margins than gas stations in zones where gas stations are permitted outright, and an increase in the percentage of square miles designated as CUP/SE zoning or permitted zones would decrease retailer’s margins. The inclusion of the permitting variables was to indicate the potential barriers to entry that gas stations may face when attempting to expand or open in a new jurisdiction. Permitted zones were viewed as having the fewest barriers to entry, CUP zones having the medium level, and nonconforming zones as having the most barriers to entry. Incorporated areas within the study area jurisdictions were excluded from the model and dropped from the analysis as they are regulated by their own zoning. RESI concluded that the greater the restrictions, the higher the retailer’s margins would be for standard zoning. However, upon further research, Columbia, Maryland, was reviewed independently of Howard County since the development review process entailed the approval of a final development plan versus the traditional CUP review for standard zones. To account for this difference, RESI included a variable for Columbia, Maryland, into the analysis.From this analysis, RESI concluded the following for gas retailers’ margins across the eight jurisdictions:The greater the distance between competing retailers, the higher the retailers’ margins;If the jurisdiction increases the percentage of land area permitting gas stations, then retailers’ margins would decrease; andRetailers located within Columbia, Maryland, will have margins approximately $0.11 higher on average than retailers located within the other study areas.Overall, RESI concludes the case of higher gas prices can be attributed to the mark up by retailers in a given jurisdiction. The higher the barriers to entry, the higher the markup associated with those retailers. Other factors such as density of competition and location to a major highway can be associated with competition to gain consumers, but these factors are also indirectly driven by zoning. Zoning factors could limit the potential for some unbranded stations to enter the market if the costs to entrance resulted in negative or minimal margins and if the locations available would not drive the consumer base needed to continue operation. RESI can conclude that zoning does play a major factor in gas prices in the short term, which may result in a continued trend over the long term if current zoning restrictions remain unchanged.6.0ReferencesAlderighi, Marco and Claudio A. Piga “Localized Competition, Heterogeneous Firms and Vertical Relations.” Journal of Industrial Economics 60, no. 1 (March 2012): 46-74. Accessed May 10, 2013. Legal Publishing Corporation. Frederick County, Maryland Code of Ordinances [Chapter 1-19: Zoning], 2013. Accessed April 29, 2013. $fn=default.htm$3.0$vid=amlegal:frederickco_md.American Legal Publishing Corporation. Montgomery County Code [Chapter 59: Zoning], 2013. Accessed April 29, 2013. Legal Publishing Corporation. Anne Arundel County Code [Article 18: Zoning], 2005. Accessed April 29, 2013. $fn=default.htm$3.0$vid=amlegal:annearundelco_md.Baltimore City Department of Legislative Reference. Zoning Code of Baltimore City, 2012. Accessed April 29, 2013. County Office of Planning. A Citizen’s Guide to Planning and Zoning in Baltimore County, January 2006. Accessed April 29, 2013. .“Barriers to Entry.” AmosWEB Encyclonomic WEB*pedia, 2013. Accessed February 12, 2013. , John M., Beck A. Taylor, and John R. Umbeck. “A Theory of Quality-Related Differences in Retail Margins: Why There is a ‘Premium’ on Premium Gasoline.” Economic Inquiry 38, no. 4 (October 2000):550-569. Accessed May 9, 2013. , John M., Beck Taylor A., and John Umbeck R. “Will Open Supply Lower Retail Gasoline Prices?” Contemporary Economic Policy 22, no. 1 (January 2004): 63-77. Accessed May 7, 2013. 10.1093/cep/byh006.Barron, John M., Beck A. Taylor, and John R. Umbeck. “Number of Sellers, Average Prices, and Price Dispersion.” International Journal of Industrial Organization 22 (2004): 1041–1066. Accessed February 11, 2013. , Severin and Andrea Shepard. “Dynamic pricing in retail gasoline markets.” RAND Journal of Economics 27, no. 3 (September 1, 1996): 429-451. Accessed May 9, 2013. , Richard. “Social Planning in Columbia.: Journal of the American Institute of Planners.(1971), 37:6, 373-379.Carroll County Maryland Code of Public Local Laws and Ordinances, RapidRegs, 2013. Accessed April 29, 2013. , Larry. “Zoning Ok’d For Gas Station in Woodstock.” Baltimore Sun, August 23, 2009. Accessed May 1, 2013. , Matthew. “Asymmetric Pass-Through in U.S. Gasoline Prices.” Working paper, U.S. Federal Trade Commission Bureau of Economics, no. 302 (September 11, 2012). Accessed May 7, 2013. of Baltimore. Council Bill 12-0152 (First Reader), entitled TransForm Baltimore - Zoning [Department of Planning, Land Use and Transportation Committee], October 22, 2012. Accessed April 24, 2013. , Gerhard and Klaus Gugler. “Locational Choice and Price Competition: Some Empirical Results for the Austrian Retail Gasoline Market.” Empirical Economics 31 (2006): 291–312. Accessed February 11, 2013. , Vernon T. “Price Influence of Unbranded Gasoline.” The Journal of Marketing 17, no. 4. (April 1, 1953): 388-393. Accessed May 9, 2013. , Cary A. and Bart J. Wilson. “Economics at the Pump: Does ‘Anti-Price Gouging’ Legislation Really Help Gasoline Consumers?” Regulation 27, no.1 (2004): 22–29. Accessed February 13, 2013. of Legislative Services. “Transportation Infrastructure Investment Act of 2013.” 2013 Legislative Session. Accessed May 10, 2013. , Erin. “Wisconsin Avenue Landmark, Eastham’s Exxon, to Close.” Bethesda-Chevy Chase Patch. Accessed June 4, 2-13. 360. Code: The Regulations. 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Accessed April 29, 2013. , Justine S. “Vertical Relationships and Competition in Retail Gasoline Markets: Empirical Evidence from Contract Changes in Southern California.” The American Economic Review 94, no.1 (2004): 317–328. Accessed February 8, 2013. , Morton. “A Sketch of The Planning-Building Process for Columbia, Maryland.” Journal of the American Institute of Planners no 33:6, (1967) 398-409. Hotelling, Harold. “Stability in Competition.” The Economic Journal 39 no. 153 (1929): 41-57. Accessed May 17, 2013. County Board of Appeals. Decision and Order, Case No. BA-08-049C [ Convenience Retailing, Inc.], October 27, 2009. Accessed April 24, 3013. County Board of Appeals Hearing Examiner. Decision and Order Case No. BA10-023 [Waverly Woods Development Corporation], January 19, 2011. Accessed April 24, 2013. County Department of Planning and Zoning. Bill No. 26-2012, PlanHoward 2030, (Effective October 8, 2012). Accessed April 29, 2013. County Department of Planning and Zoning. 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Kay, Michael. “Oil & Gas: Production & Marketing.” Industry Survey, Standard and Poor’s Net Advantage, September 27, 2012. Accessed February 13, 2013. , Donald and Nathan T. Washburn. “Understanding Attributions of Corporate Social Irresponsibility.” Academy of Management Review 37, no. 2 (2012): 300–326. Accessed February 13, 2013. Energy Administration. “A Primer on Maryland Gas Prices.” Transportation, 2006. Accessed February 13, 2013. , N. Gregory, and Richardo Reis. “Pervasive Stickiness,” The American Economic Review. May 2006. Accessed May 17, 2013., Justin. “Natural Growth: Natural Gas is set for a Boom as Oil Maintains Volatile Trajectory.” IBISWorld Industry Report 21111: Oil Drilling & Gas Extraction in the US (2011). Accessed February 12, 2013. .“Motor Fuels: California Gasoline Price Behavior,” pdf document, United States Government Accountability Office (2000), GAO/RCED-00-121. Accessed May 23, 2013. . “Motor Fuels: Understanding the Factors that Influence the Retail Price of Gasoline,” pdf document, United States Government Accountability Office (2005): 37–47. Accessed April 15, 2013. Association of Convenience Stores. “2013 NACS Retail Fuels Report.” NACS Fuels, 2013. Accessed February 12, 2013. , Eric. “Fuel for the Fire.” Krannert Magazine, 2012. Purdue School of Management, Accessed May 6, 2013. Citizen. “Mergers, Manipulation and Mirages: How Oil Companies Keep Gasoline Prices High, and Why the Energy Bill Doesn’t Help.” Public Citizen’s Energy Program, 2004. Accessed March 12, 2013. , Katherine. “Gas Stations are vanishing from Washington’s inner suburbs,” Washington Post, April 28, 2013. Accessed May 2, 2013, States Census Bureau. “Annual Estimates of the Resident Population: April 1, 2010 to July 1, 2012.” Accessed May 10, 2013. States Census Bureau. “Intercensal Estimates of the Resident Population for Counties of Maryland: April 1, 2000 to July 1, 2010.” Accessed May 10, 2013. States Environmental Protection Agency. “8-Hour Ozone (2008) Nonattainment State/Area/County Report.” EPA Green Book, last modified December 14, 2012. Accessed March 12, 2013. States Environmental Protection Agency. “Map of Current RFG Areas.” EPA RFG Areas, last modified April 2012. Accessed March 12, 2013. , John M., and Martin Evans G. “Life and Death along Gasoline Alley: Darwinian and Lamarckian Processes in a Differentiating Population,” The Academy of Management Journal. October 1996. Accessed May 17, 2013. A—Economic Modeling Assumptions and ExplanationsA.1AssumptionsRESI assumed the following when analyzing the changes in retail prices of gas stations.Infrastructure changes did not occur during the period. The period reviewed in the annual analysis is too short to determine if there were major infrastructure improvements in an area, but RESI can determine that the stations’ locations have been in existence for quite some time. RESI assumes that to change infrastructure would take longer than the current study period, and therefore did not add a variable for this into the analysis.Gas stations have perfect information about competitors’ prices. RESI assumes, since prices are posted for the public to view and information is available about gas prices in a region through website such as AAA and GasBuddy, that retailers in an area have perfect information about what their competitors’ prices are on a given day or time.Rack prices are reported before the next period, and retailers will have a chance to change their prices accordingly. In the 2012 cross-sectional model, RESI assumes that the change is very instantaneous but that the declining prices may hinder changes in retail prices as retailers may worry about sudden shocks and price reversals to the higher historical values.Gas stations’ competitors and locations are known. RESI assumes that any new placement of gas stations will do so with zoning restrictions and adhere to an optimizing Hotelling location model. Hotelling proposed that, given two firms located at separate ends of a line, one firm’s potential for sales to consumers would depend on the distance between that firm and its competitor, as well as which way consumers traveled. For example, take the line below with two gas stations.41529007620016668751238255057775123190β00β819150104140α00α4095750123190B00B1657350104140A00A84772510096500Hotelling stated that if the firms are unable to change position and the distances are recorded as α and β, then those distances times the cost to transport the good (or in this case search for the good) must not exceed the price offered by either A or B. If the good is homogenous, consumers will tend to go to the closest firm to avoid extra costs, but if the distance is equal, then they will choose whatever firm is cheapest.A.2ResultsFigure SEQ Figure \* ARABIC 10: Annual Analysis Regression on Margin for 2002–2012VariableImpact Multipliert-statisticStatically Significant at 5% (Y/N)Intercept-3.011-4.575YesHousehold Income Change0.1440.330NoPercent Unbranded-0.177-2.264YesStations per 1,000 Residents0.4663.381YesPopulation Change-10.023-3.066YesDummy (Anne Arundel)-0.393-6.420YesDummy (Baltimore)-0.372-8.546YesDummy (Baltimore City)-0.303-5.278YesDummy (Carroll)-0.385-6.199YesDummy (Frederick)-0.116-1.421NoDummy (Harford)-0.676-9.727YesDummy (Montgomery)0.4065.586YesRack Change0.5458.500YesTax Current Period0.5841.649NoTax Lagged-One Period-2.472-4.388YesSources: RESI, OPIS, U.S. CensusFigure SEQ Figure \* ARABIC 11: Annual Analysis Regression on Margin for 2002–2012 Statistical ParametersStatisticEstimationR-square0.871F-statistic31.196Durbin-Watson2.201Sources: RESI, OPIS, U.S. CensusFigure SEQ Figure \* ARABIC 12: Cross-Sectional Analysis Regression on Margin for 2012VariableImpact Multipliert-statisticStatically Significant at 5% (Y/N)Intercept3.3866.814YesPopulation in thousands0.0004.711YesHousehold income per 1,000 residents0.0891.461NoDifference in competitor prices0.43410.650YesPercentage of Unbranded0.2123.577YesPercent Permitted-0.439-8.598YesPercent CUP-0.097-7.128YesDistance to Major Road-0.005-5.040YesDistance to Next Station0.0155.017YesRack Prices-1.103-6.580YesDummy—located within a conditional use permit zone0.0152.214YesDummy—located within a nonconforming zone0.0121.667NoDummy—located within Columbia, MD0.1079.358YesSources: RESI, OPIS, U.S. CensusFigure SEQ Figure \* ARABIC 13: Cross-Sectional Regression on Margin for 2012 Statistical ParametersStatisticEstimationR-square0.637F-statistic137.747Durbin-Watson1.814Sources: RESI, OPIS, U.S. CensusA.3Technical Discussion—VariablesOn the whole, crude oil prices or “rack prices” are the largest contributor to the fluctuation in the pricing for gasoline. RESI conducted a correlation analysis on wholesale and retail price to demonstrate the dependency of the two variables. The results of this analysis are reported in Figure 14.Figure SEQ Figure \* ARABIC 14: Correlation Matrix for Retail and Rack PricesVariableCorrelation with RetailCorrelation with RackRetail1.0000.997Rack0.9971.000Sources: OPIS, RESIThe correlation matrix in Figure 14 highlights the relationship between the explanatory variable “rack price” and the dependent variable “retail price,” between 2002 and 2012 as an example of the relationship. Since they exhibit a very strong positive relationship, the use of the variables within the regression could create biased results and therefore render any findings invalid. Although correlation does not always indicate that there is a direct causation between retail prices and rack prices, the correlation does indicate that they move in the same direction when changed. If rack prices increase, according to the correlation coefficient matrix above, there will likely be an observed similar upward movement in retail if all other things remain equal.Another factor to consider involves the structure of input prices for final goods in a retail setting. Traditionally, gas stations have no control over the wholesale price of gasoline. Factors that are within the retail station’s control include the number of pumps, pay-at-pump locations, entrances/exits, complementary goods, staff, and hours of operation. All of these items represent input costs that will take away from the overall profit margins of a retailer. Despite the homogenous good being gasoline, the differentiation among stations is witnessed through the physical characteristics of the station and the location. This differentiation allows for some price difference among stations within a region. Although the rack price is out of the retailer’s control, there do remain some factors of operation that alter gas prices that allow for retailers to dictate how much they budget or spend. RESI determined that using retail prices as the dependent variable may overlook some of those potential factors and create an omitted variable bias within the model.In past economic studies, researchers have attempted to avoid the problematic correlation by using the variable “margin.” Margins would be able to fully reflect the change associated with the rack price, while capturing the underlying costs associated with daily operations for the retailer. RESI assumes that the stations can set their own retail prices and, given this control, will use the variable “margin” defined as the difference between the retail price and the rack price less taxes and freight as the endogenous variable in the models. A retailer’s margin will help to capture some of the input costs RESI cannot observe easily and vary across station and region. One input price that is readily available for observation is rack prices and should be kept within the model to accurately show the retailer’s perceived notions of future earnings. To avoid multicollinearity within the model, RESI reviewed margin and rack prices for correlation. Figure 15 shows the correlation matrix for the margin and rack prices.Figure SEQ Figure \* ARABIC 15: Correlation Matrix for Margin and Rack PriceVariableCorrelation with RetailCorrelation with RackMargin1.0000.561Rack Price0.5611.000Sources: OPIS, RESIFigure 15 highlights that the variable “rack price” is moderately positively correlated with margin and can be used in the model. Ordinarily, economists will avoid using variables with correlations above 0.7 as this would create issues within the analysis that may lead to biased estimates. The above can be read as “rack prices account for approximately 31 percent of the movement in retailer margins.” The higher the correlation coefficient is, the more the movement of the dependent variable can be explained by that singular variable, thereby creating potential omitted variable bias and multicollinearity within a regression. Preliminary research also indicates that price movements in retail gas prices have been known to move asymmetrically with their corresponding rack prices, therefore making rack price a good indicator of expectations for current retail prices. RESI used rack prices to capture the potential change to margins given the potential increase to retailers for their good with all other factors of cost remaining equal. Margin will act as the markup necessary to maintain business given the increasing or decreasing costs of rack prices.Other input pricing variables including tax have been kept in the model to demonstrate the impact of those variables on retail prices. Taxes on gasoline purchases are collected by retailers and submitted during their business’s fiscal year. A potential change in the tax rate would be considered when determining retail markup by stations.IncomeHousehold income traditionally will impact both the supply and the demand for gasoline prices within a region. A higher average household income within a region may result in an equally higher retail gas price due to cost of living differentiation. In previous studies, income only became a statistically significant variable if firms within a region “are engaged in tacit collusion.” Eckert, et al, suggest that, given the localized region, if firms were actively pricing in a collective manner, a higher income in a given proximity may affect retail prices in that localized area.Changes in wages may also present a rising cost to employers. RESI attempts to capture the changing income within a region through a household income per capita change variable in the regression. As noted, despite firms having foresight about wage changes, wage contracts are often slow to change and therefore create at least a period lag between the proposed change and the real change in wages. The use of household income per capita in this model is a proxy variable for county wealth. The higher the wealth within the county is, the greater the potential for higher gas prices.ExpectationsExpectations are inherent within pricing models. In determining the pricing of a good, a retailer reviews their historical demand and costs as well as potential future costs of their inputs. In this model, RESI will attempt to capture the expectations of retailers through change variables and some lagged terms. Lagged variables in statistical regressions are explanatory variables that shift the first period’s observed variable to the next period. An example using the variable “rack” is given in Figure 16.Figure SEQ Figure \* ARABIC 16: Example of Lagged Rack VariableYearRackRack Lagged-One Period20020.818N/A20030.9620.81820041.2580.962Sources: OPIS, RESILagged variables are used primarily in forecasting models to determine the future variable change. Here, RESI will use the lagged-one period explanatory variable to predict current prices among retailers. For example, retailers in 2004 may consider the rack prices today, as well as 2002 and 2003, when determining future prices. Current prices give a baseline of where future rack prices might be in 2005, but the past prices allow for them to determine what the trend of rack prices has been. Under this assumption, RESI assumes retailers keep records on past rack prices or they are able to be easily found and referenced by retailers.In Section 3.1, RESI mentioned the use of a “rack price change” to show the retailer’s perception of future rack prices for their goods given the difference between current and past period prices. This variable will include the use of a lagged-one period explanatory variable (rack prices) to estimate the trend seen by retailers in the current period when reviewing past rack prices. Economic literature that explains asymmetric price movement and its association with retail and rack gasoline pricing is well documented. RESI assumes retailers have this knowledge when pricing their fuel and will price according to the previous period’s rack prices.The inclusion of the current tax and lagged-one period variable for taxes in Section 3.1 is done so given the difference between State fiscal year and calendar year. Adherence to tax legislation in a region does not always coordinate with a retailer’s fiscal year. For example, the revision to the Maryland Gas Tax will take place on July 1, 2013, which is in accordance with the State Fiscal Year. Retailers consider their fiscal years according to the Internal Revenue Service as a “consecutive 12 months ending on the last day of any month except December.” Therefore, a retailer’s projection of pricing in accordance with obtaining the largest margins may need to take into account the current tax base and the previous tax base to estimate the actual taxes for a fiscal year. RESI attempts to capture this using the variable “tax” and “tax lagged-one period.”Market CompetitionGasoline is a homogenous good, and competition, or the number of competitors in a given region, will affect the gasoline retailer’s margins. A larger base of suppliers within a given region may produce pricing wars among retailers to keep prices higher or work toward lowering prices. Figure 17 shows the number of reporting stations by county from 2007 to 2011. Figure SEQ Figure \* ARABIC 17: Gas Stations per Capita (1,000) by County, 2007–2011Sources: RESI, OPISHoward County’s population is relatively similar in size to Harford County’s population, but Harford County’s number of stations per capita (in thousands) is higher than Howard County’s. Montgomery has the largest population of the observed eight counties but the fewest gas stations per capita (in thousands). Based on these observations, RESI set out to determine whether the restrictiveness of a municipality’s zoning had an influence on gas prices. The variable “lg_station1000” reflects the log of number of stations per 1,000 residents. This variable helps to determine the potential supply of competitors available within a given region and its effect on margin over time.RESI also reviewed the demographics of the area using a population variable to determine the potential base of consumers. Population increases are noted with potential increases of gas stations within a region historically, but this influx of new competitors can lead to a decrease in current existing retailers’ margins if they cannot change to compete. Usher and Evans find that, if the firms cannot alter to compete, they will ultimately leave the market. Population is used as a change variable between the current and past periods to represent a potential growth within a retailer’s region. The impact from the growth may not be instantaneous, but the observed growth may give incentive for new firms to move into the region.Reading Dummy VariablesOne can use the formula below to convert the impact multipliers reported in Figure 4 in Section 3.0:Retailers in X county see margins less greaterthan Howard County of:100*(eβdummy-1)The β in the equation above represents the impact multiplier of the dummy variable from the analysis in Section 3.0.A.42012 Cross-Sectional Analysis Variable DiscussionIn the model referenced in the beginning of Section 3.1, RESI chose to use a log-log model with data from 2002 to 2012. For the model in Section 3.2, RESI included more jurisdiction specific variables and ran a linear-linear based model. The choice between the change in model occurred because over time there are more changes and the relationship may not be as directly observed between the independent variables and the dependent variable. In the short term with more jurisdiction specific variables, the relationship can be denoted on a more direct relationship. In the short term retailers would have less ability to change major underlying costs such as employment, but in the long term these underlying costs may indirectly affect their margins. The long-term basis allows RESI to capture underlying changes such as costs from rack prices, tax changes, and population effects on retailers’ margins. The short-term model allowed RESI to look at specific variables across gas stations within jurisdictions and across jurisdictions with minimal change.In the model described in Section 3.2, RESI chose to review margin in its linear form with variables since time was not a consideration. As discussed in Appendix A.3, RESI found that there was a moderate to low correlation between rack and margin and, therefore, rack could be an independent variable within the model.In this model, new variables were introduced such as cup, permit, cup_zone, nonconform, and difference, given the granular data within a one-year period. The addition of the land planning variables allowed for review of the gas prices if jurisdictions where stations were located had more or fewer zones that permitted gas stations (outright or through a conditional use permit) and if the gas station was located in a zone with more barriers to entry what would be the effect on the margins. The variable difference was added to show the competition among retailers. RESI stated in Appendix A.1 that the assumption was made that competitor prices were known. If this full information is disclosed, then retailers would be able to compete with prices on a daily and weekly basis.Although Howard County does not contain any incorporated areas, a variable was added to represent Columbia, Maryland. Columbia is?an unincorporated community with a population of 99,615 residents. Columbia’s New Town?District, comprises approximately 9 percent of the total land area in Howard County. Gas stations, like other conditional uses, require?approval as part of a development plan that stipulates additional requirements to those found in the CUP requirements in standard zoning areas (B-2, SC, M-1, M-2, or PEC Districts).?The additional requirements may contribute to additional barriers to entry than those in traditional CUP zone areas.Appendix B—Summary of County Zoning RegulationsWhat follows is a summary of the way gas stations are regulated in each of the eight study area jurisdictions. The figures come from the analysis portrayed in Figure 8.B.1Howard CountyGas stations are prohibited in residential zones in each jurisdiction. Gas stations are permitted conditionally in six districts, which cover 35 square miles, or 14.0 percent of the county. They are prohibited in 30 districts (including overlay zones), or 79.0 percent of the districts, or approximately 86 percent of the land area in the county. However, approximately 25 gas stations exist as nonconforming uses in eight districts. Section 131 of the zoning ordinance outlines specific requirements for zones allowing for conditional use of a gas station, including a 20,000 square foot minimum lot size, minimum 10 feet of road frontage, and 20 percent landscaping. Howard County also regulates building materials and screening. Other uses are permitted, including car washes and convenience stores, as long as they are approved by the Hearing Authority and the lot area is increased to accommodate them. Parking and signage are also regulated. In Howard County, the New Town district, which encompasses Columbia, also permits gas stations with a conditional use permit. There are currently 17 gas stations located within a New Town district, representing 23.6 percent of all gas stations in the County.B.2Anne Arundel CountyGas stations in Anne Arundel County are permitted as-of-right in the three mixed use districts (MCD-C3, MXD-T3, and MXD-E3) given the approval of a sketch plan, which cover three square miles or 0.8 percent of the County’s land area. In most commercial, industrial, and mixed-use districts, gas stations are permitted by special exception or conditionally. Conversely, gas stations are prohibited in the remaining 20 zoning districts (67 percent of total districts), or 24.2 percent of the County. Special Exception requirements in select commercial, industrial, and mixed-use districts stipulate minimum lot size and frontage requirements; orientation of service bays; setbacks for structures, pumps, and canopies; driveway locations; and permitted accessory uses, including convenience store operation and a repair center, and car wash.When permitted conditionally in select commercial, industrial, and mixed-use districts, gas stations must conform to the same bulk and performance requirements as outlined for Special Exceptions, but may not include accessory uses such as a convenience store, repair center, or car wash. Gas stations are not permitted to locate at the intersection of local roads. Anne Arundel County also closely regulates signage associated with gas stations.As in most other jurisdictions, gas stations are prohibited in residential districts in Anne Arundel County, as well as Fort Meade Areas, office districts, the Town Center district, and the Small Business district. However, a select few residential zones may have gas stations that are part of planned unit development (PUD), which allows for gas stations through special exception. Anne Arundel County’s zoning code also possesses standards for parking spaces and signage associated with gas stations and their accessory uses. While Anne Arundel permits gas stations in more districts than the other jurisdictions, their standards very closely regulate the use, bulk, and performance of gas stations.B.3Baltimore 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. 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.4Baltimore 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 fa?ade, 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.5Carroll CountyIn Carroll County, mechanical maintenance or repair is prohibited at gas stations. 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.6Frederick 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.7Harford 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. 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.8Montgomery County Montgomery 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.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. 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.” Montgomery County also regulates parking, signage, and bulk of gas stations.Appendix C—County Zoning Regulations Pertaining to Gas StationsC.1Anne Arundel CountyAutomobile Gasoline Station—“A facility that offers retail sales to the public of gasoline, motor oil, lubricants, motor fuels, travel aids, or minor automobile accessories.”Figure SEQ Figure \* ARABIC 18: Zones permitting Gasoline Service Stations in Anne Arundel CountyZoneDescriptionPermitted?ConditionsC1Local CommercialSpecial exceptionSee section on Special Exception RequirementsC3*General CommercialSpecial exceptionSee section on Special Exception RequirementsC4*Highway CommercialConditionallySee section on Conditional RequirementsMXD-C3**Mixed-use previously zoned as commercialYesGiven approval of sketch planMXD-E3**Mixed-use previously zoned as employmentYesGiven approval of sketch planMXD-T3**Mixed-use previously zoned as transitYesGiven approval of sketch planO-COROdenton CoreYesGiven approval of sketch planO-EODEast OdentonYesGiven approval of sketch planO-FTMFort Meade AreasYesGiven approval of sketch planO-INDOdenton IndustrialYesGiven approval of sketch planO-NORNorth OdentonYesGiven approval of sketch planO-TRAOdenton TransitionYesGiven approval of sketch planPUDPUD of 1,001-5,000 unitsSpecial exceptionSee section on Special Exception RequirementsW1Industrial ParkConditionallySee section on Conditional RequirementsW2Light IndustrialConditionallySee section on Conditional RequirementsW3Heavy IndustrialConditionallySee section on Conditional Requirements* Automobile towing facilities and truck and trailer rental facilities are allowed through special exceptions in conjunction with gasoline stations in these districts.** Carwashes accessory to automobile gasoline stations are permitted in these districts.Source: Anne Arundel County Office of Planning and ZoningGasoline service stations are not permitted as a matter of right, conditional use, or special exception in the listed zones:C2—Commercial Office,MA1 Maritime Community—Marina, MA2 Maritime Commercial—Marina,MA3 Maritime Yacht Club—Marina,MB Maritime Group B—Marina,MC Maritime Group C—Marina,MXD-R—Residential,OS—Open Space,O-VIL—Village,R1—Residential,R10—Residential,R15—Residential,R2—Residential,R22—Residential,R5—Residential,RA—Rural Agricultural,RLD—Residential Low Density,SB—Small Business, andTC—Town Center.The following section outlines the conditional use requirements for automobile gasoline stations in Anne Arundel County.(§18-10-104) Conditional uses of automobile gasoline stations in select Commercial, Industrial, and Mixed-Use districts:“An automobile gasoline station shall comply with the following requirements:The facility shall be located on a lot of at least 22,500 square feet with at least 150 feet of frontage along each road.The facility may not be located at intersection of local roadsService bays shall be oriented to the rear or side lot linesStructures shall be located at least 40 feet from any road right-of-way, at least 25 feet from any other structure, and at least 10 feet from all lot lines.Pumps shall be located at least 25 feet from any road right-of-way. Pump islands shall be located at least 20 feet apart. Pumps and pump islands shall be located at least 25 feet from a structure not used primarily as an automobile gasoline station.A canopy over a pump island may not project within 15 feet of a road right-of-way.Driveways shall be at least 20 feet from each side or rear lot line, at least 50 feet from any intersecting road right-of-way, and at least 15 feet and no more than 35 feet wide.Obstructions that adversely affect visibility at a station driveway are prohibited.”(§18-11-106) Special Exception requirements of automobile gasoline stations in select Commercial, Industrial, and Mixed-Use districts:“An automobile gasoline station shall comply with all of the following requirements.The facility shall be located on a lot of at least 22,500 square feet with at least 150 feet of frontage along each road.The facility may not be located at the intersection of local roads.Service bays shall be oriented to the rear or side lot lines.Structures shall be located at least 40 feet from any road right-of-way, at least 25 feet from any other structure, and at least 10 feet from any lot line.Pumps shall be located at least 25 feet from any road right-of-way. Pump islands shall be located at least 20 feet apart. Pumps and pump islands shall be located at least 25 feet from a structure not used primarily as an automobile gasoline station.A canopy over a pump island may not project within 15 feet from a road right-of-way.Driveways shall be at least 20 feet from each side or rear lot line, at least 50 feet from any intersecting road right-of-way, and at least 15 feet and no more than 45 feet wide.Obstructions that adversely affect visibility at a station driveway are prohibited.The facility may include a convenience store operation.The facility may include a repair center, but a repair center shall be limited to minor work to be completed within three days after the vehicle is dropped off for service.The facility may include a car wash.”(§18-11-107) Special Exception requirements of automobile towing facilities in conjunction with automobile gasoline stations in select Commercial, Industrial, and Mixed-Use districts:“An automobile towing facility in conjunction with an automobile gasoline station shall comply with all of the following requirements.Inoperable vehicles may not be stored on the lot for more than 90 days, and the owner or operator of the facility shall maintain a register listing the owner of each vehicle, the date of arrival and departure of the vehicle, and the name and address of the owner's insurance company.Dismantling or demolition of vehicles is prohibited.”(§18-11-159) Special Exception requirements of truck and trailer rental facilities in conjunction with automobile gasoline stations in select Commercial, Industrial, and Mixed-Use districts:“The trailer or truck storage areas at a truck and trailer rental facility in conjunction with automobile gasoline stations shall be graded and drained to prevent surface water accumulation and shall be paved with a durable and dustproof surface.”Figure SEQ Figure \* ARABIC 19: §18-3-104 Parking Space RequirementsCommercial useSpaces requiredAutomobile gasoline stations1 space for every 400 sf of floor area, service racks count 1 for 1; aisles and pumps not to be used for required spacesAutomobile gasoline stations, convenience stores, food service/restaurants1 space for every 100 sf plus 1 space for every 5 restaurant seatsSource: Anne Arundel County Office of Planning and ZoningFigure SEQ Figure \* ARABIC 20: Allowed Gasoline Service Station Signage in Anne Arundel CountyIn Business ComplexesRequirementsFreestanding signage1 freestanding sign per road frontage, area of sign may not exceed the lesser of 400 sf OR 1 sf per 1 ft of road frontage. Height of the sign may not exceed 40 ft. Automobile gasoline stations may have one additional freestanding sign at each road frontage; area of sign may not exceed 60 sf or height of 10 ft.Identification signsVarious regulations based on size of complex and location of sign. Signage per tenant must not exceed 10% fa?ade area OR 200 sf. 1 identification sign on a canopy over top gas pumps, so long as area does not exceed 12 sf. Directional signsAllowed as needed, each sign may not exceed 6 sf in area or height of 5 ft.Service window signageNo more than two signs, freestanding or identification, relating to operation of service windows. Area not to exceed 32 sf, height not to exceed 6 ftIn Commercial/Industrial DistrictsRequirementsFreestanding signage1 freestanding sign per road frontage, area of sign may not exceed lesser of 250 sf or 1 sf per 1ft road frontage. Height may not exceed 30 ft. Automobile gas stations may have 1 additional sign at each road frontage, area not to exceed 60 sf or height of 10 ft.Identification signsSigns on no more than 3 facades, area of combined signs does not exceed 12% of fa?ade area OR 400 sf. 1 sign allowed at each service entry, not to exceed 4 sf. 1 identification sign on a canopy over top gas pumps, so long as area does not exceed 12 sf.Directional signsAllowed as needed, not to exceed 6 sf or height of 5 ft.Service windowNo more than two signs, freestanding or identification, relating to operation of service windows. Area not to exceed 32 sf, height not to exceed 6 ft.Source: Anne Arundel County Office of Planning and ZoningFigure SEQ Figure \* ARABIC 21: Bulk Regulations—Minimum and Maximum Lot and Use Area RequirementsZoneMin Lot Size (sf)Max Retail/Use Size of Floor Area (sf)Max Structure & Parking CoverageC111,000General: 25,000Office: 50,00075%C310,000N/A80%C410,000N/A85%W140,000N/A75%W28,000N/A80%W36,000N/A80%ZoneMinimum Site Area of DevelopmentMax Retail/Use Size of Floor Area (sf)% of Floor Area of DevelopmentMXD-C (18-8-103)435,600N/ARetail and service (gas stations): 40-60%MXD-E(18-8-103)435,600N/ARetail and service: 10-25%MXD-T(18-8-103)435,600N/ARetail and service: 10-35%PUD435,600–871,20065,00025-30%Source: Anne Arundel County Office of Planning and ZoningFigure SEQ Figure \* ARABIC 22: Bulk Regulations—Minimum Setbacks and Floor Area Ratios (FAR)ZoneFront (ft)Rear (ft)Sides (ft)From Road (ft)Abutting Other Zone (ft)Max FARC1202010Arterial: 60N/A1.0C31515N/AArterial: 60Residential (S): 252.0C42020N/AArterial: 60N/A1.0W1503030Arterial: 60Freeway: 100N/AN/AW2203015Arterial: 60Freeway: 100Residential (R): 100N/AW3102010Arterial: 60Freeway: 100Residential (S,R): 200Commercial (S,R): 50N/AMXD-C (18-8-103)Conforming to previous commercial zone requirements (could be either C1,C3, or C4)1.0MXD-E(18-8-103)Conforming to previous employment zone requirements1.0MXD-T(18-8-103)Conforming to previous transit zone requirements2.0PUDBulk regulations are proposed by the developer, but are subject to approval and stricter setbacks if PUD is within 50 feet of a residential district.N/ASource: Anne Arundel County Office of Planning and ZoningC.2Baltimore CityGasoline Service Station—“Any premises or structure: (1) That is used for the retail sale of motor vehicle fuels, oils, and accessories; and (2) At which: (i) Repair service is incidental; and (ii) No alcoholic beverages are sold.”Figure SEQ Figure \* ARABIC 23: Zones permitting Gasoline Service Stations in Baltimore CityZoneDescriptionPermitted?Conditions, etc.B-1Neighborhood Business DistrictConditionallyAs part of a Business PUDB-2Community Business DistrictConditionallyRequires board approvalB-3Community Commercial DistrictConditionallyRequires board approvalB-4Central Business DistrictConditionallyRequires board approvalB-5Central Commercial DistrictConditionallyRequires board approvalM-1Industrial DistrictConditionallyAs part of an Industrial PUDM-2Industrial DistrictConditionallyRequires board approvalM-3Industrial DistrictConditionallyRequires board approvalO-ROffice-Residence DistrictConditionallyAs part of an O-R PUDR-1Single-Family ResidenceConditionallyAs part of a Residential PUDR-4General ResidenceConditionallyAs part of a Residential PUDR-6General ResidenceConditionallyAs part of a Residential PUDR-7General ResidenceConditionallyAs part of a Residential PUDR-8General ResidenceConditionallyAs part of a Residential PUDSource: Zoning Code of Baltimore CityGasoline service stations are not permitted as a matter of right, conditional use, or special exception in the listed zones:M-1 Industrial District,O-R Office-Residence District,OS Open Space District,R-1 Single-Family Residence District,R-10 General Residence District,R-1A Single-Family Residence District,R-1B Single-Family Residence District,R-2 General Residence District,R-3 Single-Family Residence District,R-4 General Residence District,R-5 General Residence District,R-6 General Residence District,R-7 General Residence District,R-8 General Residence District, andR-9 General Residence District.Gas stations are also prohibited in zoning districts with restricted development due to potential hazards and environmental protection:CHZ Coastal Hazard Zone,F1 Floodway,F2 Floodway Fringe,F3 Approximated Flood Plain,HFZ Harbor Flood Zone,Resource Conservation Area,Waterfront Industrial Area, andWaterfront Revitalization Area.Below are the requirement for board approval for each zone allowing,§6-308 Conditional uses—Board approval required. “In a B-2 District, conditional uses that require Board approval are as follows: [(13) Gasoline service stations.]”§6-408 Conditional uses—Board approval required. “In a B-3 District, conditional uses that require Board approval are as follows: (1) As in a B-2 District (unless it is a permitted use under § 6-406).”§6-508 Conditional uses—Board approval required. “In a B-4 District, conditional uses that require Board approval are as follows: (1) As in a B-2 District (unless it is a permitted use under § 6-506).”§6-608 Conditional uses— Board approval required. “In a B-5 District, conditional uses that require Board approval are as follows: (1) As in a B-3 District (unless it is a permitted use under § 6-606).”§7-307 Conditional uses— Board approval required. “In an M-2 District, conditional uses that require Board approval are as follows: [(4) Gasoline service stations.]”Figure SEQ Figure \* ARABIC 24: §10-405 Parking Space Requirements for Gasoline Service StationsCommercial UseSpaces RequiredGasoline Service Stations2 spaces per service bay, plus recommended spaces by Board after review of plansCar Washes1 per 6 employees, 1 per manager/owner, 10 per washing lane, plus “stacking spaces” as required by Dept. of Public WorksSource: Zoning Code of Baltimore CityFigure SEQ Figure \* ARABIC 25: Allowed Gasoline Service Station Signage in Baltimore City§11-420RequirementsOil Company Sign1 non-illuminated or illuminated sign, not to exceed 80 sf, may not project more than 18 in across street.Other Incidental SignsNo limit on quantity, illuminated or non-illuminated, combined area of signs may not exceed 80 sf, may not project higher than roof line or over street line§11-510RequirementsOil Company Sign1 non-illuminated or illuminated sign, not to exceed 64 sf, not to exceed 20 ft in height, may not project more than 1 ft across street.Other Incidental SignsNo limit on quantity, illuminated or non-illuminated, combined area of signs may not exceed 64 sf, may not project higher than roof line or over street lineSource: Zoning Code of Baltimore CityFigure SEQ Figure \* ARABIC 26: Bulk Regulations—Minimum Setbacks and Floor Area Ratios (FAR)ZoneFront (ft)Rear (ft)Sides (ft)From Road (ft)Abutting Other Zone (ft)Max FARB-2-120301015N/A0.8B-2-2030100N/A2.5B-2-3030100N/A5.0B-2-400100N/A7.0B-3-120301015N/A0.8B-3-2030100N/A2.5B-3-3030100N/A5.0B-4-10000N/A8.0B-4-20000N/A9.0B-5-10000N/A8.0B-5-20000N/A14.0M-2-130301015Residence or Office-Residence: 202.0M-2-1S10301010Residence or Office-Residence: 202.0M-2-220301010Residence or Office-Residence: 205.0M-2-300100Residence or Office-Residence: 208.0M-31001010Residence or Office-Residence: 106.0Source: Zoning Code of Baltimore CityWithin Baltimore City’s zoning code is Title 14, subtitle 4, detailing the removal of gasoline service stations. Baltimore City emphasizes the importance of regulating removal of gasoline stations because the City considers gasoline service stations a conditional use in all zoning districts due to the transient demand for gasoline service stations in certain locations as land is developed and markets change. Other counties may reference this issue under sections on abandonment of gasoline stations.C.3Baltimore CountyFuel Service Station—“A structure or land used or intended to be used for the retail sale of automotive fuel, but not a truck stop. For the purpose of these regulations, any establishment which sells auto fuel retail shall be considered a fuel service station, unless it is classified as a truck stop or trucking facility.”Fuel Servicing Space—“On a fuel service station site, any one of the maximum number of spaces on which cars may be situated simultaneously while being fueled.”Figure SEQ Figure \* ARABIC 27: Zones Permitting Fuel Service Stations in Baltimore CountyZoneDescriptionPermitted?Conditions, etc.BLBusiness LocalYesIn a planned shopping center or drive-in cluster only, see section 405-car washes by special exceptionMLRManufacturing, Light, RestrictedYesIn a planned industrial park only, see section 405MLManufacturing, LightYesIn a planned industrial park only, see section 405MHManufacturing, HeavyYesIn a planned industrial park only, see section 405Source: E-Code 360Gasoline service stations are not permitted as a matter of right, conditional use, or special exception in the listed zones:BL—Business, Local,BLR—Business Local Restricted,BM—Business, Major,BMB—Business Maritime Yacht Club,BMB—Business Maritime Boatyard,BMM—Business Maritime Marina,BR—Business, Roadside,CB—Community Business;DR1—Density Residential, 1 dwelling units per acre,DR10.5—Density Residential, 10.5 dwelling units per acre,DR16—Density Residential, 16 dwelling units per acre,DR2—Density Residential, 2 dwelling units per acre,DR3.5—Density Residential, 3.5 dwelling units per acre,DR5.5—Density Residential, 5.5 dwelling units per acre,MH—Manufacturing, Heavy,ML—Manufacturing, Light,MLR—Manufacturing, Light, Restricted,MR—Manufacturing, Restricted,MXD-R—Residential,OT—Office and Technology,O-3—Office Park,OR-1—Office Building—Residential,OR-2—Office Building—Residential,RAE-2—Residence, Apartment, Elevator, 80 density units per acre,RAE1—Residence, Apartment, Elevator, 40 density units per acre,RC2—Resource Conservation—Agricultural;RC20—Resource Conservation—Critical Area,RC3—Resource Conservation—Deferral of Planning and Development,RC4—Resource Conservation—Watershed Protection,RC5—Resource Conservation—Rural Residential,RC50—Resource Conservation—Critical Area-Agricultural,RC6—Rural Conservation and Residential,RC7—Resource Preservation Zone,RC8—Environmental Enhancement Zone,RCC—Resource Conservation—Commercial,R-O—Residential—Office, 5.5 dwelling units per acre,R-O-A—Residential—Office, Class A Office, andS-E—Service Employment.(§405.2) Overarching Conditions“A fuel service station is permitted by right subject to Section 405.4, provided that no part of the lot is within 100 feet of a residentially zoned property and is integrated with and located: In a planned shopping center of which at least 20% has been constructed at the time the building permit for the fuel service station is issued, but not to exceed one station for each 60,000 square feet of gross floor area of the planned shopping center; In an approved planned industrial park of a minimum net area of 50 acres, but not to exceed one for each 50 acres of net area; or In a planned drive-in cluster. Fuel service stations on individual sites which do not comply with the requirements of Section 405.2.A are permitted by special exception, as provided below and subject to Sections 405.3 and 405.4. Within the urban-rural demarcation line (URDL), in C.C.C., A.S., I.M. or MD 43 Districts, provided no part of the lot is in an M.R. Zone.”(§405.4) Standards for Fuel Stations“Site development.Site dimensions. The area of any fuel service station site shall be no less than 15,000 square feet or 1,500 times the number of fuel service spaces (as defined in Section 101), whichever is greater. If any use permitted under Section 405.4.D or 405.4.E is added to the fuel service station, the area of the site shall be increased in accordance with the provisions of those sections. Setbacks. No main structure of a service station shall be set back less than 35 feet from any street right-of-way; no fuel pump shall be set back less than 25 feet from any street right-of-way; no canopy shall be set back less than 15 feet from any street right-of-way. Except at the required access driveways, a landscape transition area shall be provided along the entire perimeter of fuel service stations. Such area shall have a minimum width of 10 feet if the fuel service station abuts a public right-of-way, and six feet in all side and rear yards abutting nonresidentially zoned land, except that service stations located within 50 feet of any residentially zoned property (other than a residential zone line in a public right-of-way) shall provide a buffer measuring no less than 15 feet from that property line. The landscape transition area shall be vegetated and screened in accordance with the Landscape Manual requirements for automotive uses.Other setbacks shall be as required by these regulations. Access, internal circulation and vehicle reservoir capacity. The number and location of access driveways shall be determined by the hearing officer or Zoning Commissioner based upon the recommendations of the Director of Public Works and the Department of Planning. [Bill No. 55-2011]All internal paved areas of a fuel service station site used for parking, driveway, aisles and stacking purposes shall comply with Section 409 and shall be laid out to preclude vehicles waiting on the street or blocking the right-of-way before gaining entrance. In addition to the fuel service space, at least one stacking space shall be provided: For each pump island side, at pump islands that contain multiproduct dispensers (MPD) and where a bypass lane serves each MPD; For each MPD in cases where there is no bypass lane or where a convenience store is located on the same lot; or For each pump, if the pump dispenses a single fuel type. Parking spaces on the site of any fuel service station shall be provided as follows:One space per employee on the largest shift. Three spaces per 1,000 square feet of gross floor area for a convenience store up to 1,500 square feet. (Convenience stores larger than 1,500 square feet shall be subject to the parking requirements for retail uses in accordance with Section 409, including the first 1,500 square feet).Three spaces per service bay, not counting service spaces in the bays.One space per self-service air or vacuum cleaner unit. One space per automatic teller machine. All fuel service stations shall provide a rest room facility, water and compressed air for customers. Appearance. General design. Any structure on the site that is converted to an ancillary use or to a use in combination with a fuel service station must be upgraded to create a unifying architectural theme with other structures on the site. The rear and sides of buildings on lots abutting residentially zoned properties shall be finished with materials that in texture and color resemble the front of the building. The type of facade treatment shall be indicated on the site plan or an accompanying elevation drawing and is subject to review by the Director of Planning. Except for the temporary outdoor sale of items permitted under Section 230.1.A.9, the outside display of merchandise is permitted only under the canopy, or if there is no canopy, on or between the pump island or in an area immediately adjacent to the cashier's kiosk. Such goods may not block access drives, stacking spaces or interfere with the site's circulation pattern. If the fuel service station is located within 50 feet of a residentially zoned property, lighting standards on site may not exceed a height of 18 feet and shall be directed away from any residentially zoned properties.To increase compatibility with surrounding buildings or to enhance the attractiveness of the site of fuel service stations for which a special exception is required, the Zoning Commissioner may specify additional requirements, including: Changes in building or site plan design; Restrictions on hours of operations; or Other requirements deemed necessary for compliance with this section.Signs. Signs are permitted, subject to Section 450. [Bill No. 89-1997]Maintenance. At all times, the premises shall be maintained in a clean and orderly condition. All landscaped areas shall be irrigated as needed and dead plants replaced. The responsibility for compliance with these provisions lies with all parties that individually or collectively have a lease or ownership interest in the fuel service station. Ancillary uses. The uses listed below, only, are permitted by right in conjunction with any fuel service station. The minimum area of the site as determined under Section 405.4.A.1 shall be increased each ancillary use by at least the number of square feet indicated below, which includes land for required parking and stacking spaces: Minor vehicle repair or diagnostic services to vehicles, except those which are unlicensed or which have a State Motor Vehicle Administration transporter or a dealer license. Additional site area of 1,300 feet per service bay shall be provided. Type of service and repairs include but are not limited to the sale and installation of mufflers, small auto parts and accessories and shall remain accessory to the fuel service station operation. All service and repairs shall take place within completely enclosed buildings.The combined area for sales, display and customer waiting room may not exceed 500 square feet. Storage of tow trucks, damaged or disabled vehicles or parts is subject to Section 405A. Convenience store with a sales area of up to 1,500 square feet inclusive of accessory storage. An additional site area of four times the square footage of the convenience store's sales area shall be provided. Automatic teller machine, but no drive-through facilities. Additional site area of 1,000 square feet for each device shall be provided. Self-service vacuum stations. All such stations shall be located at least 30 feet from a residentially zoned property. No additional site area is required. Temporary outdoor sale of Christmas trees, firewood, cut flowers or live plants as limited by Section 230.1.A.9. The sale of cigarettes, candy, drinks, snacks and similar items from vending machines or the cashier's kiosk. No additional site area is required if vending machines do not exceed a total of five machines, otherwise the area shall be considered a convenience store. The retail sale of automotive service items such as motor oil, antifreeze or allied products. No additional site area is required.”(§405.4) Combined Uses Permitted with Gasoline StationsRoll-over car wash, integral planned development only;Special Exception (as integral planned development or separate site, unless otherwise noted):Convenience Store no larger than 1,500 sf;Roll-over car wash, separate site only;Full service car wash;Service garages providing select services;Automobile rental;Trailer rental;Light-truck rental;School bus parking;Self-service car wash, integral planned development only; andFast-food/carryout restaurant.Figure SEQ Figure \* ARABIC 28: §405.4 Parking Space Requirements for Fuel Service StationsCommercial UseSpaces RequiredFuel service stations1 space per employee, 3 spaces per 1,000 sf of floor area, 3 spaces per service bay, one space per vacuum cleaner, one space per ATMFuel service stations with convenience store (subject to retail requirements section 409)3 per 1,000 sf of gross floor area in CT district of Towson, 5 per 1,000 sf elsewhere.Source: E-Code 360Figure SEQ Figure \* ARABIC 29: Bulk Regulations—Minimum Setbacks and Floor Area Ratios (FAR)ZoneFront (ft)Rear (ft)Sides (ft)From Road (ft)Abutting Other Zone (ft)*Max FARBL100010Varies**MLR40-50403040-5030ML25-50303025-5050-125MH25-50303025-5050-125* Actual setback requirement is dependent on front, rear, or side abutting another zone, if a range is given.**If abutting a residential zone, the setback must match side setback requirements of the residential zone.Source: A Citizen’s Guide to Planning and Zoning in Baltimore CountyC.4Carroll CountyFuel Station—“Any area of land, including buildings and other structures thereon that are used to dispense motor vehicle fuels, oil, and accessories at retail, and no storage or parking space is offered for rent. Mechanical maintenance or repair is prohibited.”Figure SEQ Figure \* ARABIC 30: Zones permitting Fuel Stations in Carroll CountyZoneDescriptionPermitted?Conditions, etc.B-NRNeighborhood RetailYesPermittedB-GGeneral BusinessYesPermittedI-RRestricted IndustrialYesWithin a Business ParkI-GGeneral IndustrialAccessoryAs Part of a Principal UseSource: Carroll County Maryland Code of Public Local Laws and OrdinancesFuel stations are not permitted as a matter of right, conditional use, or special exception in the listed zones:R-40,000—Residence District,R-20,000—Residence, Suburban District,R-10,000—Residence, Urban District,R-7,500—Residence, Multifamily District,EC—Employment Campus District,C—Conservation District,A—Agricultural District,H—Heritage Zoning District.Gas stations are also prohibited in overlay districts as follows:MHP—Mobile Home Park District, andMRO—Mineral Resource Overlay District.The Planning Board must hold a public hearing and approve a Comprehensive Sketch Plan of a development with a fuel station. Vehicle repair and maintenance within the same lot/facility as a fuel station is prohibited. Canopies are also subject to administrative approval. Figure SEQ Figure \* ARABIC 31: §103-24 Parking Space Requirements for Fuel StationsCommercial UseSpaces RequiredFuel Stations in Business Parks/Professional Offices3.3 spaces per 1,000 sf in a business parkFuel Stations (“drive-through”)1 space per side of each gas pumpRetail Uses less than 50,000 sf in floor area1 space for every 200 sf of floor areaSource: Carroll County Maryland Code of Public Local Laws and OrdinancesFigure SEQ Figure \* ARABIC 32: §223-138 Allowed Fuel Station Signage in Carroll CountyFor Gas StationsRequirementOn-Premises SignsMay not project over the road, may not impair traffic visibility from the road, area of signage not to exceed 200 sf on any one side, no taller than 30 ft. Temporary signage/promotions area not to exceed 35 sf, may only exist 30 days prior to or 5 days after the event, and must be anchored in place.Directional SignsDo not require zoning certification, but may not include advertisingOff-Premises SignsAllowed within B and I districts - Area not to exceed 32 sf and height of 10 ft. Informal conferences will be held for public to approve outdoor signage.Source: Carroll County Maryland Code of Public Local Laws and OrdinancesFigure SEQ Figure \* ARABIC 33: Lot and Use Size Regulations for Fuel Stations by ZoneZoneMin Lot Size (sf)Max Retail/Use Size per Floor Area (sf)Max Structure & Parking CoverageB-NRN/A10,000*75%B-GN/A10,000*75%I-RN/A6,000**15% of Business ParkI-GN/A3,000/6,000**15% of Principal Use/Business Park*For fuel stations, the gross floor area includes any building or structure including gas pumps, and including any area covered by a canopy.**For fuel stations, the area of the canopy is not counted in size limitation if use is a convenience store with gas pumps. The gas station is permitted for use within a business park in the I-R district, or as an accessory use to a principal permitted use in the I-G district.Source: Carroll County Maryland Code of Public Local Laws and OrdinancesC.5Frederick CountyAutomobile Filling and Service Station–“Any building, structure or area of land that is used for the retail sales of motor vehicle fuels, oils and accessories and where repair service other than paint or body or fender work is incidental; and no junked autos or other vehicles are parked or otherwise stored on the premises. This does not include truck stops and filling station service facilities.”Figure SEQ Figure \* ARABIC 34: Zones permitting Automobile Filling and Service Stations in Frederick CountyZoneDescriptionPermitted?Conditions, etc.VCVillage Center DistrictYesSubject to site development plan approvalMXMixed Use DistrictYesSubject to site development plan approvalGCGeneral Commercial DistrictYesSubject to site development plan approvalLILimited Industrial DistrictYesSubject to site development plan approvalGIGeneral Industrial DistrictYesSubject to site development plan approvalSource: Frederick County, Maryland Code of Ordinances*Automobile filling and service stations are prohibited within wellhead protection areas in the list.Gasoline service stations are not permitted as a matter of right, conditional use, or special exception in the listed zones:A—Agricultural,ORI—Office/Research Industrial,R1—Low Density Residential,R12—High Density Residential,R16—High Density Residential,R3—Low Density Residential,R5—Medium Density Residential,R8—Medium Density Residential, andRC—Resource Conservation.The following are overlay zones where gas stations are not permitted:MM—Mineral Mining DistrictFigure SEQ Figure \* ARABIC 35: (§1-19-6.100) Lot and Use Size Regulations for Automobile Filling and Service Stations by ZoneUse ClassificationMinimum Lot Area (acres)Minimum Lot Area Per UnitLot WidthFront YardSide YardRear YardHeightVCN/AN/A65**10**4030**MX12,000N/A752083560’GC12,000N/A1002582560’ORIN/AN/AN/AN/AN/AN/AN/ALI20,000N/A10025*2060’GIN/AN/AN/AN/AN/AN/AN/A* Equal to the height of structure.** For development within the Village Center Zoning District see also §§ 1-19-7.500(B)(2) and (3)Source: Frederick County, Maryland Code of Ordinances Figure SEQ Figure \* ARABIC 36: (§1-19-6.220) Parking Space Requirements for Automobile Filling and Service StationsAutomobile and Related ServicesParking Spaces RequiredAutomobile Sales and Service Garage2 spaces per service bay, plus 1.5 space per each employeeSource: Frederick County, Maryland Code of OrdinancesFigure SEQ Figure \* ARABIC 37: (§1-19-6.320) Allowed Automobile Filling and Service Station Signage in Frederick CountySignRequirementsFuel Pricing SignOnly one freestanding sign allowed, maximum area of 24 sf, max height 24 ft, no more than 150 ft from store frontage.Source: Frederick County, Maryland Code of Ordinances (§1-19-8.211) Gasoline Storage Tanks with a Capacity Between 270 Gallons and 1,100 Gallons as an Accessory Use on Farm Lots and in the GC, LI and GI Districts.“The following provisions shall apply to gasoline storage tanks with a capacity between 270 gallons and 1,100 gallons as an accessory use on farm lots in the GC, LI and GI Districts.(A) The minimum lot size shall be 40,000 square feet.(B) The storage tank shall be placed aboveground with a capacity not to exceed 1,100 gallons.(C) The storage tank shall be located a minimum of 100 feet from a well or as provided in § 1-6-50 (Wellhead Protection Ordinance), whichever is greater. (D) The storage tank must have a minimum setback of 25 feet from all property lines. (E) The storage tank shall be governed by the International Building Code 2006 as amended concerning storage tanks, and the National Fire Protection Association 30, as amended. (F) Storage tanks shall have 100% catchment basin, or double-walled containment and a spill protection overfill alarm.(G) Shall comply with § 1-6-50 Wellhead Protection Ordinance.”(§1-19-8.406) Automobile Repair or Service Shop in the Limited Industrial District“The following provisions shall apply to an automobile repair shop or service in the Limited Industrial District. (A) An automobile repair shop building shall be at least 100 feet from any residential buildings on adjacent properties. (B) No outdoor work or outdoor storage of parts, equipment or vehicles shall be permitted except as provided in condition (C). No parking is permitted on the required setback areas. (C) No motor vehicles related to the auto repair business shall be parked outside of a screened parking area. A screened parking area shall be no larger than 2,500 square feet to allow for 5 vehicles (1 company vehicle and 1 employee vehicle are exempt from this number). (D) Parking areas provided shall be screened from adjacent properties and roads with plantings of evergreens, at least 5 feet high, or a fence of equal height provided to screen the parking area. (E) Petroleum, flammable liquid or hazardous substance storage tanks shall have 100% catchment basin, or double-walled containment and a spill protection overfill alarm. This does not apply to propane or natural gas tanks. (F) Shall comply with § 1-6-50 (Wellhead Protection Ordinance) at site development plan approval.”C.6Harford CountyGas Station—“Any business whose primary function is the dispensation of gasoline for vehicles.”Figure SEQ Figure \* ARABIC 38: Zones Permitting Gas Stations in Harford CountyZoneDescriptionPermitted?Conditions, etc.*VBVillage BusinessYesPermitted subject to applicable code requirementsB2Community BusinessYesPermitted subject to applicable code requirementsB3General BusinessYesPermitted subject to applicable code requirementsCICommercial IndustrialYesPermitted subject to applicable code requirementsMOMixed OfficeYesPermitted subject to applicable code requirementsd tie, I added these zoning districts. Can you please format so they are consistent with the others? *See below for applicable code requirementsSource: Harford County, Maryland Department of Planning and ZoningGasoline service stations are not permitted as a matter of right, conditional use, or special exception in the listed zones:AG—Agricultural,B1—Neighborhood Business,GI—General Industrial,LI—Light Industrial,R1—Urban Residential,R2—Urban Residential,R3—Urban Residential,R4—Urban Residential,RO—Residential/Office,RR—Rural Residential, andVR—Village Residential.Applicable code requirements by zones permitting gas stations are as follows.VB District “Specific regulations. The following uses are permitted, subject to the additional requirements below:[Motor vehicle filling or service stations and repair shops, provided that:Pumps shall be at least 35 feet from all road rights-of-way.All portions of the lot used for storage or service of motor vehicles shall be paved with a hard surface.No obstructions which limit visibility at intersections or driveways shall be permitted.Vehicles, except those vehicles used in the operation of the business, may not be stored on the property for more than 90 calendar days.Motor vehicle filling or service stations shall only be permitted if all properties adjacent to the proposed use are served by a public water supply.]”B-2 and B-3 Districts “Specific regulations. Motor vehicle filling or service stations and repair shops, in the B2 and B3 districts, provided that:Pumps shall be at least 25 feet from all road rights-of-way.All portions of the lot used for storage or service of motor vehicles shall be paved with a hard surface.No obstructions which limit visibility at intersections or driveways shall be permitted.Vehicles, except those vehicles used in the operation of the business, may not be stored on the property for more than 90 calendar days.Motor vehicle filling or service stations shall only be permitted if all properties adjacent to the proposed use are served by a public water supply.”CI District“Motor vehicle filling or service stations and towing businesses with storage facilities, in the CI, and motor vehicle repair shops in the CI and GI district, provided that:Pumps shall be at least 25 feet from all road rights-of-way.All portions of the lot used for storage or service of motor vehicles shall be paved with a structured pervious surface, including travelways.No obstructions which limit visibility at intersections or driveways shall be permitted.Vehicles, except those vehicles used in the operation of the business or stored pending insurance settlement, may not be stored on the property for more than 90 calendar days, except for towing and storage facilities.A motor vehicle filling or service station shall only be permitted if all properties adjacent to the proposed use are served by a public water supply.”Figure SEQ Figure \* ARABIC 39: Lot and Use Size Regulations for Gasoline Stations by ZoneZoneMin Lot Size (sf)Max Retail/Use Size per Floor Area (sf)Max Structure CoverageVB20,000N/A40%B-215,000N/A30%B-320,000N/A35%CI20,000N/A50%MO20,000N/AN/ASource: Howard County Department of Planning and ZoningFigure SEQ Figure \* ARABIC 40: Bulk Regulations—Minimum Setbacks and Floor Area Ratios (FAR)ZoneFront (ft)Rear (ft)Sides (ft)From Road (ft)Abutting Other Zone (ft)Max FAR*VB35402035N/A3.0B-230402025Residential: 253.0B-330402025Residential: 253.0CI30402025Residential: 25N/AMO304020N/AN/AN/A*represented as number of stories allowed per buildingSource: Howard County Department of Planning and ZoningC.7Howard CountyGasoline 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.” Figure SEQ Figure \* ARABIC 41: Zones Permitting Gasoline Service Stations in Howard CountyZoneDescriptionPermitted?ConditionsB-2General Business DistrictConditionallySubject to detailed requirements in Section 131BRRural Business DistrictYesUse must be indicated in preliminary development plan approved by zoning boardM-1Light Manufacturing DistrictConditionallySubject to detailed requirements in Section 131M-2Heavy Manufacturing DistrictConditionallySubject to detailed requirements in Section 131MXD 3 & 6Mixed Use Development >75 acresYesUse must be indicated in preliminary development plan approved by zoning boardNTNew Town/ColumbiaSubject to development review processSubject to requirements in Sections 125, 131 and must conform to Downtown Columbia Plan*PECPlanned Employment Center DistrictConditionallySubject to detailed requirements in Section 131SCShopping Center DistrictConditionallySubject to detailed requirements in Section 131*Downtown Columbia and Rte. 40 allow for some commercial and light industrial zoning, please see Section 125.Source: Howard County Department of Planning and ZoningGasoline service stations are not permitted as a matter of right, conditional use, or special exception in the listed zones:B-l—Business Local,CAC—Corridor Activity Center,CC—Convenience Center,CCT—Community Center Transition,CE—Corridor Employment,CLI—Continuing Light Industrial,DEO—Density Exchange Option,HC—Historic Commercial,HD—Historic District,HO—Historic Office,I—Institutional Overlay,OT—Office Transition,PGCC—Planned Golf Course Community,POR—Planned Office Research,PSC—Planned Senior Community,R-12—Residential: Single,R-20—Residential: Single,R-A-15—Residential: Apartments,RC—Rural Conservation,R-ED—Residential: Environmental Development,R-MH—Residential: Mobile Home,RR—Rural Residential,R-SA-8—Residential: Single Attached,R-SC—Residential: Single Cluster,RSI—Residential: Senior Institutional,R-VH—Residential: Village Housing,SW—Solid Waste Overlay,TNC—Traditional Neighborhood Center, andTOD—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. 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. 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: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.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.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.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.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.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.Access driveways and on-site paved areas shall be designed and located to ensure safe and efficient movement of traffic and pedestrians.OperationOutside 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.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.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.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.Other UsesOther 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 theminimum 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.In the PEC, M-1 and M-2 districts, the gross floor area of convenience stores shall not exceed 3,500 feet.AbandonmentThe 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.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.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.”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 SEQ Figure \* ARABIC 42: §133.D.04 Parking Space Requirements for Gasoline StationsCommercial UseSpaces Required*Gasoline service stations without service bays, with or without car washes3.0 spaces without car wash, 4.0 spaces with car washGasoline service stations with service bays3.0 spaces plus 3.0 spaces per service bayConvenience store ancillary to gasoline service station2.0 spaces per 1,000 sf (gross sf of convenience store’s floor area)*Fuel servicing spaces do not count as parking spaces.Source: Howard County Department of Planning and ZoningFigure SEQ Figure \* ARABIC 43: Allowed Gasoline Service Station Signage in Howard CountySignageRequirementsFlat Wall SignsMay 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.Projecting SignsMay 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.Freestanding SignsMay 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. Commercial Directional SignsShall 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. Source: Howard County Department of Planning and ZoningHoward 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 SEQ Figure \* ARABIC 44: Lot and Use Size Regulations for Gasoline Stations by ZoneZoneMin Lot Size (sf)Max Retail/Use Size per Floor Area (sf)Max Structure & Parking CoveragePEC, M-1, M-2Standalone: 20,000With ancillary use: >20,000Convenience store: additional 3,500Gasoline Station: N/A80%B-2, SCStandalone: 20,000With ancillary use: >20,000N/A80%BR30%MXD-3, MXD-6N/A65,00030%Source: Howard County Department of Planning and ZoningFigure SEQ Figure \* ARABIC 45: Bulk Regulations—Minimum Setbacks and Floor Area Ratios (FAR)ZoneFront (ft)Rear (ft)Sides (ft)From Road (ft)Abutting Other Zone (ft)Max FARB-210101030Residential: 30N/ABR50505050Residential: 100Business or Industrial: 30N/AM-110101050Residential: 100CAC or TOD: 75N/AM-210101050Residential: 150CAC or TOD: 100N/AMXD 3 & 6Determined through planning boards’ approval of a comprehensive sketch plan and development criteria0.35 /0.50PEC10101030Residential: 75Other: 30N/ASC303030100Residential: 100N/ASource: Howard County Department of Planning and ZoningThe 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. 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.”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.”C.8Montgomery CountyAutomobile Filling Station—“Any area of land, including buildings and other structures thereon, that is used to dispense motor vehicle fuels, oils and accessories at retail, where repair service is incidental and no storage or parking space is offered for rent. A car wash with up to 2 bays may be allowed as an accessory use to an automobile filling station.”Figure SEQ Figure \* ARABIC 46: Zones permitting Automobile Filling Stations in Montgomery CountyZoneDescriptionPermitted?Conditions, etc.C-1*Convenience CommercialSpecial exceptionSee Sec. 59-G-2.06.C-2*General CommercialSpecial exceptionSee Sec. 59-G-2.06.C-3*Highway CommercialSpecial exceptionSee Sec. 59-G-2.06.C-4*Limited CommercialSpecial exceptionSee Sec. 59-G-2.06.C-6*Low-Density Regional Commercial (Euclidean)Special exceptionSee Sec. 59-G-2.06.I-1*Light IndustrialSpecial exceptionSee Sec. 59-G-2.06.I-2*Heavy IndustrialSpecial exception14See Sec. 59-G-2.06.I-4*Low-Intensity, Light IndustrialSpecial exceptionSee Sec. 59-G-2.06.LSC*Life Sciences CenterSpecial exceptionSee Sec. 59-G-2.06.CBD-0.5*Central business district, 0.5Special ExceptionSee Sec. 59-G-2.06.CBD-1*Central business district, 1.0Special ExceptionSee Sec. 59-G-2.06.CBD-2*Central business district, 2.0Special ExceptionSee Sec. 59-G-2.06.CBD-3*Central business district, 3.0Special ExceptionSee Sec. 59-G-2.06.CBD-R2*Central business district, Residential 2.0Special ExceptionSee Sec. 59-G-2.06.TS-MTransit Station, mixedSpecial ExceptionSee Sec. 59-G-2.06.RMX-1/ TDR*Residential-Mixed Use Development, Community CenterYesRMX-2/ TDR*Residential-Mixed Use Development, Specialty CenterYesRMX-2C / TDR*Residential-Mixed Use Development, Specialty Center, Commercial BasedYesRMX-3 / TDR*Residential-Mixed Use Development, Regional CenterYesRMX-3C*Residential-Mixed Use Development, Regional Center, Commercial BasedYesMXTC/TDRMixed-Use Town CenterSpecial ExceptionSee Sec. 59-G-2.06.TOMX 2.0Transit Oriented, Mixed UseSpecial ExceptionSee Sec. 59-G-2.06.TMXTransit Mixed UseYesCRTCommercial/Residential TownSpecial ExceptionSee Sec. 59-G-2.06.CRCommercial ResidentialSpecial ExceptionSee Sec. 59-G-2.06.*A car wash with up to 2 bays may be allowed as an accessory use to an automobile filling station.Source: Montgomery County CodeAutomobile filling stations are not permitted as a matter of right, conditional use, or special exception in the listed zones:C-5—Low-density, office commercial,CBD-R1—Central business district, residential,C-O—Commercial, office building,Country inn zone,C-P—Commercial, office park,CRN—Commercial/Residential Neighborhood,C-T—Commercial, transitional,H-M—Hotel-motel,I-3—Technology and Business Park,LDRCDZ—Low Density Rural Cluster Development Zone,Mineral Resource Recovery Zone,MXN—Mixed use neighborhood,MXPD—Mixed use planned development,O-M—Office building, moderate intensity,PCC—Planned cultural center,P-D—Planned development,Planned neighborhood,P-R-C—Planned retirement community,R&D—Research and development,R-10/TDR—Multiple-family, high density residential, transferable development rights,R-10—Multiple-family, high density residential,R-150/TDR—Residential, transferable development rights,R-150—Residential, one-family,R-20/TDR—Multiple-family, medium density residential, transferable development rights,R-200/TDR—Residential, transferable development rights,R-20—Multiple-family, medium density residential,R-30/TDR—Multiple-family, low density residential, transferable development rights,R-30—Multiple-family, low density residential,R-4—Plex-Residential, fourplex,R-40—Residential, one-family,R-60/TDR—Residential, transferable development rights,R-60—Residential, one-family,R-90/TDR—Residential, transferable development rights,R-90—Residential, one-family,RC—Rural Cluster,RDT—Rural Density Transfer,RE-1—Residential, one family,RE-1/TDR—Residential, transferable development rights,RE-2—Residential, one family,RE-2/TDR—Residential, transferable development rights,RE-200—Residential, one family,RE-2C—Residential, one family,RE-2C/TDR-Residential, transferable development rights,R-H—Multiple-family, high-rise planned residential,R-MH—Mobile Home development,RMH-200—Residential, one-family,RS—Rural Service,RT-10.0—Residential, townhouse,RT-12.5—Residential, townhouse,RT-6.0—Residential, townhouse,RT-8.0—Residential, townhouse,RNC—Rural Neighborhood Cluster,Rural-Rural,Town sector,TS-M—Transit Station, mixed, andTS-R—Transit Station, residential.The following overlay zones prohibit use of gas stations regardless of underlying zoning:Burtonsville Employment Area of the Fairland Master Plan,Environmental Overlay Zone for the Upper Paint Branch Special Protection Area,Sandy Spring/Ashton Rural Village Overlay Zone,Takoma Park/East Silver Spring commercial revitalization overlay, andRural village center overlay zone (may allow by special exception, or if conforming prior to June 14, 2006).Section 59-G of Montgomery County’s zoning code outlines the special exception requirements for automobile filling stations, but also provides an overarching requirement for automobile gasoline stations:“In addition to the findings and requirements of Article 59-G, the following special exceptions may only be granted when the Board, the Hearing Examiner, or the District Council, as the case may be, finds from a preponderance of the evidence of record that a need exists for the proposed use to serve the population in the general neighborhood, considering the present availability of identical or similar uses to that neighborhood:[Automobile filling station.]”§59-G-2.06 Automobile Filling Stations“In addition to findings required in division 59-G-1, an automobile filling station may be permitted if the Board of Appeals finds that:The use will not constitute a nuisance because of noise, fumes, odors, or physical activity in the location proposed;The use at the proposed location will not create a traffic hazard or traffic nuisance because of its location in relation to similar uses, necessity of turning movements in relation to its access to public roads or intersections, or its location in relation to other buildings or proposed buildings on or near the site and the traffic pattern from such buildings, or by reason of its location near a vehicular or pedestrian entrance or crossing to a public or private school, park, playground, or hospital, or other public use or place of public assembly; andThe use at the proposed location will not adversely affect nor retard the logical development of the general neighborhood or of the industrial or commercial zone in which the station is proposed, considering service required, population, character, density, and number of similar uses.In addition, the following requirements must be satisfied:After August 13, 2012, the area identified by a special exception application for a new automobile filling station designed to dispense more than 3.6 million gallons per year must be located at least 300 feet from the lot line of any public or private school or any park, playground, day care center, or any outdoor use categorized as cultural, entertainment and recreation use.When such use abuts a residential zone or institutional premises not recommended for reclassification to commercial or industrial zone on an adopted master plan and is not effectively screened by a natural terrain feature, the use must be screened by a solid wall or a substantial, solid fence, not less than 5 feet in height, together with a 3-foot planting strip on the outside of such wall or fence, planted in shrubs and evergreens. Location, maintenance, vehicle sight distance provisions, and advertising pertaining to screening must satisfy Article 59-E. Screening must not be required on street frontage.Product displays, parked vehicles, and other obstructions that adversely affect visibility at intersections or to station driveways are prohibited.Lighting must not reflect or cause glare into any residential zone. Lighting levels along the side and rear lot lines adjacent to a residential zone must not exceed 0.1 foot candle.When such use occupies a corner lot, the ingress or egress driveways must be located at least 20 feet from the intersection of the front and side street lines of the lot as defined in Section 59-A-2.1, and such driveways must not exceed 30 feet in width.Each gasoline pump or other service appliance must be located on the lot at least 10 feet behind the building line; and all service, storage, or similar activities in connection with the use must be conducted entirely within the building. There must be at least 20 feet between driveways on each street, and each driveway must be perpendicular to the curb or street line.Light automobile repair work may be done at an automobile filling station, but major repairs, spray paint operation or body and fender repair are prohibited uses.Vehicles must be parked completely off of the public right-of-way.In a C-1 zone, an automobile, light truck, and light trailer rental, as defined in Section 59-G-2.07, and in a C-2 zone, an automobile, truck and trailer rental lot, as defined in Section 59-G-2.09, may be permitted as a part of the special exception if the requirements of this section are satisfied. In addition, a car wash with up to 2 bays may be allowed as an accessory use as part of the special exception. In a Rural Village Overlay Zone the following additional standards apply for new development:Car wash is prohibited.Pump canopies must not exceed 35 feet in height.Any structure approved for the use must not exceed the scale and bulk of existing commercial structures in the village.” Additionally, filling stations as part of a highway rest stop must meet similar requirements:§59-G-2.28 Highway fuel and food service“Highway fuel and food service may be permitted on a minimum size lot of 50,000 sq. upon a finding that:The requirements for an automobile filling station as set forth in 59-G-2.06 are satisfied;The requirements for a drive-in restaurant as set forth in 59-G-2.16 are satisfied, if a drive-in is proposed;The property has at least 100 feet of frontage on a road with an existing or master planned right-of-way of at least 120 feet; andThe floor area of the food facility patron area is less than the floor area of the fuel facility patron area.”Figure SEQ Figure \* ARABIC 47: (§59-E-3.7) Parking Space Requirements for Automobile Filling StationsCommercial UseSpaces RequiredAutomobile Filling Stations2 spaces for each car wash bay, grease bay, or similar service area, and 1 space per employeeSource: Montgomery County Code(Article 59-F), SignagePermits must be issued for all signs, except temporary or limited-duration signsCertain signs do not require permits: warning signs, indoor signs, government or utility signs, signs required by law, flags displayed on a flagpole, etc.Figure SEQ Figure \* ARABIC 48: Allowed Gasoline Service Station Signage in Montgomery CountyIn Commercial or Industrial ZonesRequirementsFreestanding Signage1 freestanding sign per entrance is allowed, area no greater than 2 sf per foot of frontage, no higher than 26 feet from ground, must be placed ? of required setback distance from road.Wall Signage1 sign per customer entrance, area no larger than 2 sf per foot of frontage, sign or support structure may not extend further than 12 inches from wall, may not project over right-of-way, no higher than 26 feet in height.Canopy SignageNo limit on number, must be 2 sf per each foot of frontage, but not more than 200 sf, height not to exceed 26 ftEntrance Signage1 per entrance, area not to exceed 100 sf per sign, height not to exceed 26 ft, not to be placed within 30 ft of another signIn Mixed Use ZonesRequirementsFreestanding SignageFreestanding signs are only allowed for uses with a lot larger than 2 acres, or a use that has multiple businesses within the structure.Wall SignsAllowed for a use with no separate customer entrance if no other sign for the use is visible from outside of the property.Source: Montgomery County CodeAppendix D—List of Relevant News and CasesD.1Anne Arundel CountyFuller, Nicole. “Developers, watchdogs gear up for Arundel zoning overhaul.” The Baltimore Sun, January 23, 2011. . Beginning February 2011, the Anne Arundel County Council will consider rezoning requests from over 300 applications sent into the Office of Planning and Zoning.Sauers, Elisha. “Giant gas station decision delayed.” , December 2, 2012. structure of a gas station at Giant supermarket in Annapolis is being delayed pending on the results of a study that looked at traffic patterns at variety of intersections. D.2Baltimore CityShen, Fern. “Zoning approves Hamilton Royal Farms despite community opposition.” Baltimore Brew, April 3, 2013. opposition, the Board of Municipal Zoning Appeals approved a gas station on Harford Road. D.3Baltimore County “Carwash, C-Store and Gas Station Approved.” March 5, 2003. Modern Car Care, Baltimore County zoning officials have approved a gas station to be built. The gas station will have a convenience store and a carwash. Apperson, Jay. “Garage seeks county’s OK to remain Owings Mills-area shop accused by its neighbors of lacking proper zoning.” The Baltimore Sun, May 23, 1997. . Many neighbors in rural Owings Mills believe Hi-Caliber Towing & Auto repair are illegally operated in the residential area, but the shop refutes the allegations stating they have been operating in this site before county zoning laws were enacted.D.4Carroll CountyHailey, Caroline. “Carroll County commission discusses proposal for Royal Farms in Eldersburg, MD.” York Daily Record, September 21, 2011. . A proposal is being discussed in developing of a vacant facility into a convenience store and gas station in Eldersburg. D.5Frederick CountyEngle, Donna. “Shell Oil Co. again seeks approval for gas station Environmentalists oppose plan for Mount Airy site.” The Baltimore Sun, October 3, 1997. . Shell Oil Co. is attempting to receive an approval for a gas station, convenience store and a carwash in Mt. Airy. D.6Harford CountyShelsby, Ted. “Harford weighs MTBE reaction.” The Baltimore Sun, July 11, 2004. . A leak near Fallston has caused a halt on new gas stations until investigators determine the cause.Vought, Allan. “Controversial Harford gas station bill defeated.” The Baltimore Sun, November 10, 2011. was a controversial bill for gas stations in Harford County to “upgrade their tanks, piping and other equipment,” however it was rejected by the Harford County Council due to several unforeseen issues.D.7Howard CountyArney, June. “Zoning Board rejects gas station plan.” The Baltimore Sun, January 11, 2008. gas station and car wash was planned for construction next to the Waverly Woods Village Center. However, the Zoning Board in Howard County voted against this plan.“Board denies request for Woodstock gas station.” Howard County Times, January 17, 2008. January 9th, the Zoning Board in Howard County rejected a plan to build a gas station next to the Waverly Woods Village Center, even though it was previously approved by the Howard County Planning Board in July.McPherson, Lindsey. “Officials: Site in western Howard County unsuited for gas station.” Howard County Times, November 23, 2010. is a proposed plan to build a gas station on Marriottsville Road in Howard County, but the Department of Planning and Zoning has stated the area may pose access issues that could affect traffic.D.8Montgomery CountyBoyd, Matt. “Safeway plans appeal for gas station in Cloverly.” , May 26, 2004. Safeway located in Cloverly would like to build a gas station, but has been rejected by the Montgomery County Board of Appeals. However, the supermarket has tried to repeal the gas station decision numerous times.“Montgomery County Councilmembers Propose Zoning Change to Protect Residents From the Impacts of Mega-Gas Stations.” Montgomery County Council, May 9, 2012. Montgomery County councilmembers will join together for “a news conference concerning the building mega-gas stations in the County.”Carter, Brianne. “Costco’s gas station zoning bill voted on.” ABC 7 News, July 24, 2012. decision was made by the Montgomery County Council for gas stations to be built near schools, recreation centers and other locations within 1,000 feet. But, a proposed Costco gas station has plans for construction within 300 feet which poses much opposition. Wilk, Cavan. “Costco still hopes for mega-gas station.” Greater Greater Washington, March 11, 2013. hearings will be held by the Montgomery County Council to discuss Costco opening a mega gas station because the redevelopment of such a gas station would require additional road infrastructure to handle the increased traffic. ................
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