Aberdeen City Zoning Code
ARTICLE III
Zoning Districts
§ 235-17 Maps of zoning districts.
[Amended 3-9-2026 by Ord. No. 25-O-16]
A.
Zoning districts. Zoning districts established by this chapter are bounded and defined as designated on the Official Zoning Map and subsequent modifications thereto. Said Zoning Map, properly attested, and maps indicating the results of zoning cases conducted hereunder shall be and remain on file in the office of the Zoning Administrator.
B.
Delineation of district boundaries. The following rules shall be used to determine the precise location of any zoning district boundary:
(1)
Boundaries shown as following or approximately following the limits of Harford County shall be construed as following such limits.
(2)
Boundaries shown as following or approximately following streets shall be construed to follow the center lines of such streets.
(3)
Boundaries shown as following or approximately following platted lot lines or other property lines as shown on the tax maps shall be construed as following such lines.
(4)
Boundaries shown as following or approximately following railroad lines shall be construed to lie midway between the main tracks of such railroad lines.
(5)
Boundaries shown as following or approximately following the center lines of streams, rivers or other continuously flowing watercourses shall be construed as following the channel center line of such watercourses taken at mean low water, and in the event of a natural change in the location of such streams, rivers or other watercourses, the boundaries shall be construed as moving with the channel center line.
(6)
Boundaries shown as separated from and parallel or approximately parallel to any of the features listed in Subsection B(1) through (3) above shall be construed to be parallel to such features and at such distances therefrom as are shown on the map.
(7)
Whenever any road, alley or other public way is vacated by official action as provided by law, the zoning districts adjoining the side of such right-of-way shall be automatically extended, depending on the side or sides to which such lands revert, to include the right-of-way of the public way thus vacated, which shall henceforth be subject to all regulations of the extended district.
§ 235-18 Zoning districts and boundaries.
[Amended 2-22-2021 by Ord. No. 21-O-02; 6-7-2021 by Ord. No. 21-O-09; 3-9-2026 by Ord. No. 25-O-16]
In conformity with the purposes of this chapter, the following zoning districts are established:
A.
R-1 Low-Density Residential District. The purpose of this district is to provide for single-family, low-density residential development, together with such public buildings, schools, churches, public recreational facilities and accessory uses as may be necessary or are compatible with residential surroundings. This district is designated to protect existing development of high character and vacant land considered appropriate for future development.
B.
R-2 Medium-Density Residential District. The purpose of this district is to provide for single-family and two-family residential developments of City-scale character, together with such public buildings, schools, churches, public recreational facilities and accessory uses as may be necessary or which are normally compatible with residential surroundings.
C.
R-3 High-Density Residential District. The purpose of this district is to provide for a high-density residential district within the City, together with such public buildings, schools, churches, public recreational facilities and accessory uses as may be necessary or are normally compatible with residential surroundings.
D.
B-1 Neighborhood Business District. The purpose of this district is to provide limited retail and service facilities convenient to residential neighborhoods. Uses are limited primarily to retail, restaurant, and business services satisfying the household and personal needs of the residents of abutting residential neighborhoods. Standards are established compatible with low-density residential districts resulting in similar building bulk and low vehicular traffic.
E.
B-2 Limited Business District. The purpose of this district is to provide retail and office development within the limited business district of the City.
Development/redevelopment in this district shall be compatible with the existing historic, aesthetic and pedestrian character of the downtown area in terms of scale and design. Residential uses are appropriate in this district.
F.
B-3 General Business District. The purpose of this district is to provide for a number of retail and office establishments and commercial services for use by the traveling public on or near major roads or streets in the City and their access points by limiting outdoor advertising and establishing high standards for development. Commercial development in this district shall be in the form of well-planned and buffered commercial concentrations as opposed to traditional forms of strip commercial.
G.
M-1 Light Industrial District. The purpose of this district is to provide for light manufacturing, fabricating, warehousing and wholesale distributing with off-street loading and off-street parking for employees and with access by major thoroughfares or rail. Commercial uses are permitted, primarily for service to employees in the district.
H.
Downtown Revitalization Overlay District. The purpose of this district is to enhance the existing assets located in downtown, through the application of design requirements. Properties located within the Transit Oriented Development Districts are subject to the Downtown Revitalization Overlay District regulations and design requirements.
I.
Residential Overlay (RO) District. The purpose of this district is to recognize existing uses within certain R-3 Zones within the City; to grant principal permitted use status to existing uses; to avoid creation of nonconforming uses; and to prohibit multifamily uses within the district except those uses existing as of the effective date of this section.
(1)
Multifamily uses in the overlay district existing prior to the enactment of this section shall be deemed principal permitted uses and not subject to restrictions applicable to nonconforming uses.
(2)
Multifamily uses, including apartments, garden apartments, mid-rise apartments and townhouses, other than those existing at the time of the enactment of this section, shall be prohibited in the Residential Overlay (RO) District. Existing multifamily uses destroyed after enactment of this section may be reconstructed as a principal permitted use.
(3)
Single-family and duplex dwellings are principal permitted uses within the Residential Overlay (RO) District.
(4)
The lot area, width and yard requirements in the Residential Overlay (RO) District shall be the same as the R-3 District.
J.
Integrated Business District.
(1)
The purpose of the Integrated Business District (IBD) is to provide residential, recreational, educational, retail, entertainment, and other commercial uses in an aesthetically pleasing and functionally compatible manner, to complement existing residential areas, to blend development with the environmental characteristics of the land, and to facilitate the efficient delivery and use of public services. The object is to use site plan and architectural guidelines to promote land use flexibility and design creativity, to create comfortable and harmonious development that appeals to people living, working, shopping, and socializing within the IBD. The IBD will seek to maintain a common theme and character through the use of specific zoning regulations, design requirements, and architectural review procedures established to encourage flexibility in land planning and generally to align the design, character, and quality of mixed uses. The IBD shall encourage mixed-use development that is consistent with the existing uses and the architectural and design standards to attract social interchange through commercial, educational, entertainment, and recreational activity.
(2)
IBD site development requirements. All permitted uses within the IBD shall be subject to the following site development requirements:
(a)
Site plan review shall be in accordance with this chapter, Chapter 475, Subdivision of Land, the Aberdeen overlay district regulations and design requirements, and the overall development goals of the IBD.
(b)
Sidewalks are required as an integral component of the development's articulation, design, and landscaping.
(c)
Development within the IBD shall include pedestrian and vehicular connections to public roads serving existing or planned public transit, adjacent communities, and other off-site destinations.
(3)
Building setbacks. Unless otherwise noted, refer to § 235-21.
(a)
Major arterial road rights-of-way, such as Churchville Road (MD 22), shall have a minimum building setback of 25 feet and shall have a 10-foot landscaped area in addition to the building setback.
(b)
Collector roads, such as Technology Drive and Long Drive, shall have a minimum building setback of 25 feet and shall have a 10-foot landscaped area in addition to the building setback.
(c)
Local roads, such as Gilbert Road and Aldino-Stepney Road, shall have a minimum building setback of 25 feet and shall have a 10-foot landscaped area in addition to the building setback.
(d)
A minimum 20 feet landscaped area in addition to the building setback for the district shall be required for any commercial use adjacent to an existing residential use. Buildings and parking lots cannot be located in the required landscaped area.
(e)
All residential development shall be in accordance with the R-3 residential requirements.
(f)
Refer to § 235-30, Landscaping, outdoor lighting, and buffer yards, for additional requirements.
(4)
Height. The maximum height of any building shall be as follows:
(a)
For properties fronting on MD 22, the maximum height shall be 50 feet.
(b)
Residential dwellings in the IBD that do not front on MD 22 shall have a maximum building height of 50 feet, except that garden apartments, mid-rise apartments, high rise apartments and stacked townhouses may have a maximum height of 90 feet.
(c)
Except as provided in Subsection J(4)(a) and (b) above, the maximum height for buildings located within the IBD shall be 80 feet.
(d)
Accessory use structures shall not exceed a height of 20 feet.
(5)
Permitted drive-through lanes for any building in the IBD shall be located at the side or rear of the building. Access and stacking lanes serving the drive-through shall be located at the side or rear of the building.
(6)
Landscaping. The district shall include landscaping to enhance the streetscape, to form public spaces, to improve the quality of the natural environment, and to break up the impervious surface of parking lots. A minimum of 20% landscaping shall be required for all commercial and institutional uses. (See the Aberdeen overlay district regulations and design requirements for the IBD.)
(7)
Any side of a building facing a public way or a public space shall be finished with the same type of materials as the front facade of the building.
(8)
Truck parking and loading spaces shall not be visible from MD 22, Gilbert Road, and Long Drive.
(9)
Screening for dumpster enclosures and pads may be visible from MD 22 and Long Drive.
(10)
Open space shall be designed for active recreation uses to include walking trails, gazebos, community parks and playgrounds, pathways (other than sidewalks), forest conservation areas, and/or natural environmental buffers. Open space does not include public roads and sidewalks, drainage and utility easements, or cluster mailbox areas. The Planning Commission may consider unusual circumstances such as topography and the location of utility easements and stormwater management facilities for the design of active recreation uses in meeting the open space requirements.
(11)
Permitted uses in the IBD are provided in Appendix A, Table of Use Regulations.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(12)
Freestanding artistic elements shall be permitted in the IBD, and the Architectural Review Committee shall have final design approval prior to building permit approval. The height of any artistic element shall not exceed 25 feet.
(13)
The applicant shall prepare a preliminary site plan in accordance with the site development requirements in this section and/or the requirements of the Aberdeen Development Code, Subdivision of Land, and the Aberdeen overlay district regulations and design requirements for review first by the Department of Planning and Community Development staff and the Architectural Review Committee prior to review and recommendation by the Planning Commission.
(14)
The Planning Commission shall hold a review of the preliminary site plan along with the Department of Planning and Community Development staff and Architectural Review Committee recommendations and make recommendations to the Mayor and City Council on the preliminary site plan upon finding that the preliminary site plan accomplishes the purposes, minimum standards, and requirements of the IBD.
(15)
Off-street parking and loading requirements shall comply with § 235-25 unless otherwise noted.
(16)
Class A self-storage facilities are subject to the following regulations:
(a)
A plan of development shall be submitted to the Planning Commission and thereafter the Mayor and City Council, indicating the location of the building(s), lot area, number of storage units, type and size of signs, height of buildings, parking layout with points of ingress and egress, and location and type of visual screening and landscaping being proposed.
(b)
The lot size shall be a minimum of five acres.
(c)
No outside storage is permitted.
(d)
The storage of hazardous, toxic, or explosive substances, including, but not limited to, hazardous waste, industrial solid waste, medical waste, municipal solid waste, septage, or used oil is prohibited.
(e)
No business activity other than the rental of storage units shall be conducted on the premises.
K.
I-95 Overlay District. The purpose of this district is to provide for residential, retail, office, research and educational uses with complementary commercial/recreational uses. The Ripken Stadium and Ripken Baseball are the major landmarks for this district and attract interest across the United States. The principal vision for this area is to attract new development that will complement the existing uses, uses that are permitted in the district, and previous land use studies approved by the City. The I-95 Overlay District boundaries are described as the properties bordering MD 22 (Churchville Road), Gilbert Road, Long Drive, Aldino-Stepney Road, and I-95 located within the corporate limits. This district is subject to design requirements and review by the Architectural Review Committee.
L.
Transit Oriented Development District.
(1)
The intent of the Transit Oriented Development (TOD) District is to implement and encourage the redevelopment of properties within the Aberdeen TOD. The TOD District is shown on the TOD Designated Area Map (June 20, 2012) that is referenced in § 235-42.
(2)
The TOD District provides specific standards necessary to promote the goals and objectives of the Aberdeen Comprehensive Plan and the Aberdeen TOD Master Plan (adopted by Resolution No. 12-R-01, May 7, 2012) that appears in § 235-42. These regulations are designed to maximize the development potential of the Aberdeen TOD to foster a mix of vertical and horizontal land uses, promote shopfronts and commercial uses at street level, accommodate wide pedestrian-friendly sidewalks and multimodal streets, encourage upper-story residential and office uses, and provide on-site parking facilities in the rear and accesses when possible through rear alleys or side streets. The TOD District allows a mix of residential, commercial and institutional uses to support transit oriented development and redevelopment. A complete listing of uses permitted in the TOD District is contained in Appendix A, Table of Use Regulations, in this chapter.[2]
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
(3)
The TOD District regulations illustrate the types of streets, buildings, heights, and mixes of use that create the desired "form" presented in the TOD Master Plan. The TOD District regulations provide for the establishment of building type and orientation, site design, and other standards that apply to all development proposed to be constructed or redeveloped in the TOD District. The TOD District is transect-based with a corresponding regulating plan that prescribes the appropriate permitted uses, building heights, site design, building type, building frontage types, pedestrian environment and streetscape in the TOD Designated Area, based on the parcel's location. (See Aberdeen TOD Regulating Plan that appears in § 235-42.)
(a)
The following TOD Districts are established:
[1]
TOD Neighborhood (TOD-N). The TOD Neighborhood District (TOD-N) consists of mixed uses but primarily residential and provides for a transition in development size from the adjacent TOD Districts to adjacent residential areas. Buildings range from two to four stories, include a variety of uses and building frontage types. Building placement and landscaping are variable, and streets include curbs and sidewalks to create a highly walkable district. This area is classified as the Transect Zone 4 and identified as "(T4)" on the Aberdeen TOD Regulating Plan.
[2]
TOD Corridor (TOD-C). The TOD Corridor (TOD-C) is an area in which parcels are generally within one block of US 40/Philadelphia Boulevard to promote a mix of commercial and residential redevelopment and to enhance areas adjacent to Aberdeen's compact, walkable downtown. An active primary frontage edge is created through vertical mixed use as well as residential and workplace buildings. Street-fronting uses are required and will be supported by streetscapes that create a highly walkable zone. Buildings range from two to six stories with bonus provisions for up to two additional stories, to include a variety of uses and building frontage types. Building frontages are configured and oriented to public streets. This area is classified as the Transect Zone 5 and identified as "(T5)" on the Aberdeen TOD Regulating Plan.
[3]
TOD Downtown (TOD-D).
[a]
The TOD Downtown (TOD-D) is an area of the highest intensity and greatest variety of uses, and is generally located within a one-block area of the Aberdeen MARC/Amtrak train station and the intersection of US Route 40 and West Bel Air Avenue. This area is classified as the Transect Zone 6 and identified as "(T6)" on the Aberdeen TOD Regulating Plan.
[b]
The TOD-D is central to the TOD area and provides a highly visible presence and identity for downtown Aberdeen along the US 40/Philadelphia Boulevard corridor with a high-intensity, highly walkable mixed-use district with the following features:
[c]
Buildings ranging from two to eight stories in height with bonus provisions for up to four additional stories.
[d]
Ground-floor shopfronts, with wide sidewalks to promote a highly walkable district.
[e]
Improved public spaces including public plazas, street trees, pedestrian-scale lights, planters, benches, and public art.
[f]
The majority of parking is consolidated in structures, at curbs of public streets and behind buildings.
[4]
Special District (SD).
[a]
Special Districts (SD) are areas with buildings that by their function, disposition or configuration cannot or should not conform to the requirements of any of the TOD District zones or combination of zones. Examples include Aberdeen City Hall, the Harford County library, Aberdeen Volunteer Fire Department, the Aberdeen MARC/Amtrak train station and supporting parcels. Conditions for redevelopment or development for SD areas shall be subject to review and approval by the Architectural Review Committee, Planning Commission and City Council.
[b]
Park. Parks are public spaces for passive and active recreation uses such as Festival Park.
(4)
TOD District site development requirements. All permitted uses within the TOD District shall be subject to the following site development requirements. The provisions of the Aberdeen Development Code shall apply except as modified herein.
(a)
Site plan review will be in accordance with this chapter and subdivision regulations.
(b)
All development, redevelopment or additions to existing buildings within the TOD District shall be subject to review by the Architectural Review Committee for conformance with the standards established in this chapter.
(c)
Streets within the TOD District shall be maintained or improved to enhance pedestrian, bicycle and vehicular connections.
(d)
Street types reflect the character of the intensity of anticipated developments within the TOD District and are utilized to guide development standards such as minimum sidewalk widths, building siting, frontage type, and height.
(e)
Sidewalks shall be provided and treated as an integral component of the development's design, landscaping and pedestrian connectivity. (See Illustrations 2 to 13.)
(5)
Building placement. All building frontages in the TOD District shall be constructed at the required build to line to maintain the street edge and shall be oriented to the primary frontage of the lot. (See Illustration 22, Building Frontages.)
(a)
Streets in the TOD Districts have been classified with the following typologies. (See Illustration I, Street Typologies.)
[1]
Arterial streets.
[a]
Regional connector.
[b]
Commercial primary.
[c]
Village Center mixed-use.
[d]
Residential.
[2]
Collector streets.
[a]
Neighborhood principal streets.
[b]
Village Center streets.
[c]
Neighborhood minor streets.
(b)
Build to lines (BTL).
[1]
Build to lines within the TOD District are governed by the district designation as identified on the Regulating Plan, Street Typologies, and the identification of principal frontages (See Illustrations 1 to 18). Build to lines are determined by the location of the parcel in relation to the street types and width of sidewalk that serve the parcel as identified in the street profiles.
[2]
Placement of future buildings will need to reflect either:
[a]
Location of back of existing sidewalks consistent with the street profiles depicted in the Illustrations 2 to 17;
[b]
Location of back of sidewalk following street reconstruction; or
[c]
If street/sidewalk improvement has not yet taken place, approved City plans for sidewalk reconstruction/location that locate the back of the sidewalk.
[3]
Build to line/primary building frontage.
[a]
The build to line (BTL)/primary building frontage requires the implementation of minimum sidewalk improvements as depicted in Illustrations 2 to 17. This dimension is located at the line at the back of the sidewalk along a primary street and is the BTL as shown in Illustration 23, Frontage Build to Line.
[b]
The BTL shall not exceed the maximum dimensions necessary to satisfy any required right-of-way. BTL shall be measured from the back of curb, rather than parcel line, and shall consist of the following widths and are further identified on the applicable Illustrations 2 to 17 for the street that the lot's frontage is located on:
Street Frontage Types | Build To Line Minimum (feet) | Maximum (feet) |
|---|---|---|
Village Center mixed-use arterial | ||
North Philadelphia Boulevard (US 40N) | 12 | 20 |
South Philadelphia Boulevard (US 40S) | 20 | 24 |
Village Center collector streets | ||
Main Street (MS) | 8 | 20 |
Festival Street (FS) | 10 | 50 |
Neighborhood principal streets | ||
Street with limited on-street parking (STL) | 10 | 14 |
Street with no on-street parking (STN) | 10 | 14 |
Neighborhood street (NS) | 10 | 14 |
Neighborhood minor streets | 10 | 14 |
[4]
Secondary frontage build to line (BTL). Secondary frontage BTL is applicable when a parcel is a corner lot bordered by two streets. This dimension is located at the line at the back of the sidewalk and is the secondary frontage BTL as shown in Illustration 23, Frontage Build to Line. Building frontage standards are those noted above for primary building frontage and further defined on the applicable Illustrations 2 to 17 for the street that the lot's secondary frontage is located on. The secondary frontage BTL shall maintain a minimum of 10 feet.
[5]
Festival Square buffer BTL. To preserve large growth trees, the BTL may be adjusted to provide a larger buffer area on parcels fronting a Festival Square street as provided in Illustration 28, Festival Square Buffer.
(c)
Building disposition. The placement of a building on its lot is governed by the property's TOD District designation. Building types are identified by building style and the corresponding yard type. Building types include edgeyard, sideyard, rearyard, and courtyard (See Illustration 21, Building Disposition). The rearyard building type is the most common type found in the TOD area and is characterized with shopfront facades continuously lining the street and with parking provided in the back.
(d)
Building frontages.
[1]
Allowable extensions beyond the build to line. Awnings, porches, stoops, stairs and entrance overhangs are permitted to extend beyond the build to line, provided a minimum of at least five feet of unobstructed sidewalk is maintained. Examples of extension are shown in Illustration 22, Building Frontages. Balconies, upper-story bay windows, eaves and building entrance overhangs such as canopies and awnings may extend beyond the build to line up to a maximum of seven feet along Village Center mixed-use arterials, up to six feet along Village Center collector streets and up to five feet along alleys, and neighborhood minor and principal streets. All permitted overhangs must provide a minimum of eight feet clear height above sidewalk grade.
[2]
Frontage buildout. In the TOD-C and TOD-D Districts, the minimum frontage buildout shall be 80% of the lot frontage. In order to connect the public sidewalk with courtyards and parking lots in the interior or at the rear of a parcel, development may incorporate a passage that counts towards the frontage coverage requirements. The minimum width of a passage shall be eight feet and not exceed 20% of the lot frontage. (See Illustration 27, Open Space Types, and Illustration 29, Passage.)
[3]
Retail/commercial shopfronts and opacity requirements.
[a]
Buildings that front streets identified as primary frontages on the Retail/Commercial Shopfronts Illustration 19, are required to provide a shopfront at the sidewalk level along the entire building frontage that is designed to support retail and commercial uses. Buildings that front streets identified as secondary frontages (Illustration 19, Retail/Commercial Shopfronts) are encouraged to provide a shopfront at the sidewalk level along the length of the entire building frontage. The shopfront shall be no less than 70% glazed in clear glass. (See Illustration 20, Opacity/Windows.)
[b]
High-quality materials should be used for shopfronts such as crafted wood, stainless steel, bronze, and other ornamental metals. Detailing such as carved woodwork, stonework, or applied ornament should be used, to create noticeable detail for pedestrians and patrons. Doors may be flanked by columns, decorative fixtures or other details.
[4]
Expression line. An expression line shall delineate the division between the first story and the second story. A cornice shall delineate the tops of the facades. Expression lines shall either be moldings extending a minimum of two inches, or jogs in the surface plane in the building wall greater than two inches. Cornices shall extend a minimum of 10 inches from the cornice wall. See Illustration 43, Expression Line, and Illustrations 38 and 39, Height Variations with Two-Story Building.
[5]
Build-to-corner. Buildings must "hold the corner" of the parcel at the intersection of two primary streets. The build-to-corner location is defined by the required build to lines. Where the build-to-corner building placement is required, new development or redevelopment must meet this requirement by siting the building at its street corner. Where an intersection is formed with a state road, state sight distance criteria shall also be applied. (See Appendix B.[3])
[3]
Editor's Note: Appendix B is included as an attachment to this chapter.
(e)
Side yard setback. There is no minimum side yard setback between buildings or minimum space between buildings. In TOD-C and TOD-D Districts, the maximum side yard setback is 10 feet.
(f)
Rear setback.
[1]
Rear setbacks must be maintained to accommodate rear alley maintenance.
[2]
Maintenance of Aberdeen's existing interconnected rear alley system is vital to street network and ensuring mobility within these TOD Districts.
[3]
The minimum rear setback shall be 10 feet. When abutting residential uses, the minimum rear setback shall be consistent with § 235-30, Landscaping, outdoor lighting and buffer yards.
(g)
Alley setback. Alley setback is the minimum distance from the alley edge of pavement to any building. The minimum alley setback shall be 10 feet.
(h)
Space between buildings. There is no minimum space between buildings unless the International Building Code or International Residential Code requires spacing between buildings.
(6)
Height.
(a)
To implement the ambiance and scale of the TOD area, no building or structure shall be erected or altered to exceed the following dimensions:
[1]
In the TOD-N, the maximum building height shall be limited to a maximum of 52 feet or four stories; the minimum building height shall be 20 feet or two stories. (See Illustration 30, TOD-N Height, and Illustration 35, Floor Heights by Story.)
[2]
In the TOD-C, the maximum building height shall be limited to a maximum of 76 feet or six stories; the minimum building height shall be 21 feet or two stories. (See Illustration 31, TOD-C Height, and Illustration 35, Floor Heights by Story.)
[3]
In the TOD-D, the maximum building height shall be limited to a maximum of 100 feet or eight stories; the minimum building height shall be 21 feet or two stories. (See Illustration 32, TOD-D Height, and Illustration 35, Floor Heights by Story.)
(b)
Bonus height. As an incentive to include structured parking in new buildings and preserve and publicly dedicate parks and open space, additional bonus stories may be granted for only one of the following provisions:
[1]
Parking bonus. Within the TOD Districts, if structured parking is incorporated into the building, a parking height bonus of one additional building story may be approved for every floor of parking, ranging from one to four additional stories in TOD-D and from one to two additional stories in TOD-C. (See Illustrations 33 and 34, Open Space and Parking Bonus Height, and Illustrations 36 and 37, Floor to Ceiling Heights.)
[2]
Preservation-of-open-space bonus. If public parks and/or plazas are dedicated and preserved within the TOD Districts, an open-space height bonus may be approved ranging from one to four additional stories in TOD-D and from one to two additional stories in TOD-C. (See Illustrations 33 and 34, Open Space and Parking Bonus Height, and Illustrations 36 and 37, Floor to Ceiling Heights.)
(c)
Two-story minimum. A minimum building height of two enclosed floors of use is encouraged for all new development and redevelopment in the TOD Districts. Alternatively, when two enclosed floors of use are not warranted, the structure must be designed to support future upper-story construction and provide minimum 23-foot front facade emulating a two story structure. (See Illustrations 38 and 39, Height Variations with Two-Story Building.)
(7)
Any drive-through windows and stacking lanes in the TOD Districts shall be located at the rear of the building provided they do not impede pedestrian activity or surrounding uses.
(8)
Outdoor dining shall be permitted on parcels in the TOD-C and TOD-D Districts in locations that provide sidewalks of at least 12 feet in width and maintain a minimum 10 feet pedestrian and landscape area.
(9)
Landscaping.
(a)
Street trees and/or environmental site design (ESD) planting areas are required along all public frontages and must meet applicable stormwater management requirements. (See Illustrations 25 and 26, Sidewalk Widths, Planting Areas and ESD.)
(b)
The use of street trees or ESD planting areas are encouraged to match on both sides of the block.
(c)
One street tree shall be planted in the landscaped area for every 25 feet of street frontage. The planting area for the street tree shall be located at back of curb, and shall be a minimum of four feet by four feet in size. Minimum size of the planting area varies by sidewalk depth based on street frontage type. (See Illustrations 25 and 26, Sidewalk Widths, Planting Areas and ESD.)
(d)
Within the TOD Districts, the types of street trees permitted shall be deciduous, ornamental or flowering trees of two-inch diameter at breast height (DBH) or greater at the time of planting and minimum of eight feet in height. Tree species should be appropriate for height constraints associated with any urban overhead utilities or other obstacles. Planting of native species is encouraged.
(e)
ESD areas shall consist of areas located at the back of curb which are a minimum of four feet by four feet in size and shall be located at least 12 feet apart. Maximum size varies by street frontage type, due to required sidewalk widths. (See Illustrations 25 and 26, Sidewalk Widths, Planting Areas and ESD.)
(10)
Open space. Open space within the TOD Districts shall consist of areas designated for active recreation, passive recreation, plazas, pathways, passages, conservation areas, and/or natural buffers as provided in Illustrations 25 to 29.
(11)
Signage. Signs in the TOD Districts shall be one of the types shown in Illustration 44, Signage, and shall be consistent with the provisions of this chapter, Article VA, Sign Regulations.
(12)
Parking. Parking requirements in the TOD Districts are eliminated to encourage walkability and accessibility to retail, commercial, business services, and transit uses.
M.
Critical Area Overlay District.
(1)
The purpose of this district is to establish the area located within the critical area to protect the Chesapeake Bay and its tributaries, consistent with the Maryland Critical Area Act of 1984 and the Chesapeake Bay Critical Area Program. The Critical Area Overlay District shall follow the Harford County, Chapter 267, Zoning, § 267-63, Chesapeake Bay Critical Area Program, § 267-63.1, Implementation, and § 267-63.2, Administrative enforcement, as adopted and enforced.
(2)
The State of Maryland has recognized the Chesapeake Bay as a treasured natural resource and one of the world's most productive and largest estuaries. The City of Aberdeen adopted Resolution No. 09-R-01 on April 27, 2009, to implement a Chesapeake Bay Critical Area Program and elected to follow Harford County's Critical Area Program to implement and enforce Critical Area regulations within its municipal boundaries.
(3)
The City of Aberdeen hereby adopts the latest version of the Statewide Base Map for the Critical Area, as provided by the Maryland Department of Natural Resources and the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays as the official boundary map for Critical Area lands within Aberdeen.
(4)
The latest version of the Statewide Base Map reflects a revised delineation of Critical Area boundaries within the City of Aberdeen. The City acknowledges that the updated Critical Area boundary includes either newly affected properties or properties with expanded affected areas due to proximity to wetlands.
(5)
The provisions of this district shall apply to all development and redevelopment activities within the designated boundaries as shown on the official map and shall apply to areas considered for annexation.
(6)
Within the Critical Area, all land is assigned one of the following designations based on land use and development in existence on April 27, 2009.
(a)
Resource Conservation Area (RCA).
(b)
Intensely Developed Area (IDA).
(7)
The Critical Area Map may be amended by the Aberdeen City Council in compliance with amendment provisions of the Chesapeake Bay Critical Area Act and Title 27 of the Code of Maryland Regulations.
(8)
The City of Aberdeen shall administer and enforce these provisions through its Department of Planning and Community Development and shall refer to the Harford County Chesapeake Bay Critical Area Program § 267-63 for all regulatory standards, processes, implementation, and enforcement.
(9)
All proposed applications for development, subdivision, and site plan that is located wholly or partially within the Chesapeake Bay Critical Area District are subject to the submission requirements in accordance with COMAR 27.03.01.04 regulations.
(10)
The City of Aberdeen hereby adopts and incorporates by reference the Harford County Code § 267-63 Chesapeake Bay Critical Area Program, including all sections and definitions, as amended.
(11)
The following requirements are applicable for all development activities within Aberdeen's Critical Area Overlay District unless otherwise provided in COMAR 27.03.01.04 regulations:
(a)
Building permit and zoning certificate requirements for development projects.
(b)
A 100-foot Critical Area buffer that is associated with a nontidal wetland of special state concern, tidal waters, tidal wetlands, and tributary streams. All other nontidal wetlands require a 25-foot buffer.
(c)
Expansion of buffer zones up to 100 feet in Resource Conservation Areas (RCA).
(d)
Requirements for delineation of the minimum 100-foot buffer and buffer management plans in accordance with COMAR 27.01.09 regulations.
(e)
No variances or special exceptions shall be granted by the Board of Appeals unless all requirements have been met in accordance with COMAR 27.03.01.04 regulations.
(f)
Tree and shrub replacement standards and buffer re-establishment requirements per COMAR 27.01.09.
(g)
Mandates for the use of native species in landscaping.
(h)
Considerations for accommodations under the Americans with Disabilities Act (ADA).
(i)
Inclusion and protection of wildlife corridor systems and conservation easements.
(j)
Design standards for water-dependent facilities and erosion and sediment control measures.
(12)
The following activities are prohibited uses within the designated Critical Area Overlay District.
(a)
Establishment or expansion of landfills.
(b)
Establishment of fuel storage tanks and facilities.
(c)
Establishment of hazardous waste facilities.
(13)
The City shall be responsible for the issuance of building and grading permits, subdivision approvals, and other land use decisions within the Critical Area Overlay District after review by the State of Maryland Critical Area Commission Chesapeake and Atlantic Coastal Bays.
(14)
All applications for development within the Critical Area Overlay District shall be reviewed by the City of Aberdeen's Department of Planning and Community Development for compliance with the standards incorporated herein.
(15)
The properties located in the Critical Area Overlay District are identified on the map located in Attachment 3, Appendix C, which is hereby adopted.[4]
[4]
Editor's Note: Appendix C is included as an attachment to this chapter.
§ 235-19 Use table.
See Appendix A for uses principally permitted and permitted by special exception within each district.[1] Temporary uses are regulated by § 235-29.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
