Aberdeen City Zoning Code
ARTICLE V
Special Developments and Regulations
§ 235-31 Townhouses.
[Amended 2-22-2021 by Ord. No. 21-O-02; 6-3-2024 by Ord. No. 24-O-08; 3-9-2026 by Ord. No. 25-O-16]
The following regulations shall apply to townhouses.
A.
The townhouse unit shall comply with the minimum lot requirements for the development of townhouses. Refer to § 235-21, Lot area, width and yard requirements, Table I, Lot Area, Lot Width and Yard Requirements for Residential Zoning Districts.
B.
Townhouses shall not be located on a site with a total area of less than 43,560 square feet (one acre).
C.
Decks no larger than 400 square feet are permitted to encroach into the rear yard setback. Decks cannot be constructed over an easement.
D.
The maximum height of a townhouse unit shall be 50 feet unless otherwise noted in § 235-18.
E.
Not fewer than three and not more than eight dwelling units shall be included in any one townhouse building grouping.
F.
Townhouse end units shall meet the front and side yard requirements.
G.
For the purpose of the side yard requirements, a townhouse building shall be considered as one building with side yards required for end units only in accordance with the townhouse requirements.
H.
No detached accessory structure over 120 square feet shall be permitted. No attached accessory buildings shall be permitted.
I.
Front or rear garages that are an integral part of the townhouse construction shall be permitted.
J.
Required off-street parking shall be provided in the front or rear yard.
K.
For open space purposes see § 235-36.
L.
A minimum of 10% of each townhouse lot shall be landscaped. The landscaped area shall include a minimum of one tree at least 2.5 inches in caliper and four shrubs, and the yard areas shall be maintained in "green space" unless it is a driveway or designated parking area.
M.
The City's Department of Planning and Community Development and Department of Public Works shall approve the landscape plan for the overall townhouse development as part of the approval process.
N.
Townhouse development shall be of such quality construction and materials to ensure that buildings will neither look dated or worn over time nor require excessive maintenance. 50% of the exterior building materials used on unit walls of a townhouse group facing the public street shall be of clay brick, sandstone, fieldstone, cultured stone, thin brick, or decorative concrete masonry block. Exterior building materials shall be compatible with material and colors of nearby structures. Window and door openings shall not be included in calculating the 50% building materials requirement. Windows shall be required on the side wall of all end townhouse units.
O.
Site plan approval shall be in accordance with this chapter and the Subdivision of Land requirements.[1]
[1]
Editor's Note: See Ch. 475, Subdivision of Land.
§ 235-32 Zero lot line housing.
[Amended 3-9-2026 by Ord. No. 25-O-16]
Zero lot line housing lawfully constructed prior to the enactment of this chapter will be permitted, and the following regulations will apply:
A.
Each zero lot line dwelling unit shall have off-street parking of two spaces.
B.
The City may impose conditions on its approval of zero lot line developments, including but not limited to configuration of streets, sidewalks, location of public improvements, reservation of open space and recreational areas.
C.
Decks or porches shall be permitted into the larger side yard, provided that the deck or porch is within five feet of the public right-of-way and does not create a line-of-sight issue. The Department of Planning and Community Development may conduct a site visit to determine the public right-of-way and line-of-sight before permit approval.
D.
Decks or porches enclosed or unenclosed may be constructed within 10 feet of the rear yard lot line. Decks or porches may not be constructed over an easement.
E.
Detached or attached garages shall be permitted, provided that the structure does not exceed 25% of the principal structure. Detached garages must be a minimum of six feet from any structure or property line. Detached or attached garages may not be constructed over an easement.
F.
The following setbacks are established:
Zoning | Lot Area (square feet) | Lot Width (feet) | Front Yard Depth (feet) | Rear Yard Depth (feet) | Side Yards | |
|---|---|---|---|---|---|---|
Smallest (feet) | Sum (feet) | |||||
R-2 | 5,500 | 55 | 30 | 40 | 1.5 | 25 |
§ 235-33 Shopping centers.
[Amended 3-9-2026 by Ord. No. 25-O-16]
A.
Purpose. This district is to encourage innovation and design excellence in the development of shopping centers.
B.
Requirements. A shopping center shall meet the following requirements:
(1)
A minimum parcel size of three acres;
(2)
Shopping centers may only be located in the B-3, Integrated Business District (IBD), or Transit Oriented Development (TOD) District.
(3)
Only those uses which are permitted in the zoning district in which the shopping center is located will be allowed in a shopping center.
(4)
Building gross floor areas of at least 20,000 square feet.
(5)
Site design:
(a)
The project shall provide a unified arrangement of buildings, service areas, parking and landscaped areas.
(b)
The project shall be designed with regard to the topography and other natural features of the parcel.
(c)
Materials, massing and facade design for the project shall be harmonious with the character of the neighborhood.
(d)
Outside storage shall be limited as applicable in the appropriate district.
(e)
Lighting shall be designed and controlled so that any light shall be shaded, shielded or directed so that light intensity or brightness does not adversely affect the operation of vehicles or reflect into residential lots or buildings. The lighting fixtures shall be designed to assure compatibility with the building style.
(f)
Landscaping should provide for a transition from surrounding uses to the uses on the site.
(g)
10% of the required parking areas shall be landscaped and a landscape plan prepared by a licensed and registered Maryland architect presented to the Department of Planning and Community Development for review and approval.
(h)
Dumpster areas shall be enclosed with screening to match the building materials for the project.
(i)
Loading and service areas.
[1]
All establishments must have vehicular service access, either from an individual service drive or from a common service yard.
[2]
All such service areas must be segregated from public areas and buffered from public view.
(j)
Vehicular circulation and access.
[1]
The internal circulation system shall be designed to minimize through traffic and traffic conditions that conflict with pedestrian movements within the project.
[2]
Pedestrian walkways shall be clearly marked on pavement and signage.
[3]
Access around the building will be required by the fire department. Fire lanes will be provided and clearly designated with signage and curb markings.
C.
Approvals.
(1)
The Planning Commission shall determine whether the preliminary site plan submitted for the shopping center complies with all City requirements to include the Subdivision of Land, the development and design standards set forth herein, and will recommend the preliminary site plan to the City Council for review and approval.
(2)
The Zoning Administrator may approve minor modifications or amendments to the preliminary site plan after Planning Commission approval upon a finding that the modifications or amendments comply with the requirements of this section.
§ 235-34 Kennels and pet day care services.
[Added 2-22-2021 by Ord. No. 21-O-02; amended 3-9-2026 by Ord. No. 25-O-16]
The following regulations shall apply to kennels and pet day care services:
A.
Kennels will be permitted in the B-3 Zoning District. Overnight boarding kennels will be allowed for this use.
B.
The boarding of animals is not a kennel when conducted in an animal hospital operated by licensed veterinarians where the boarding of animals is accessory to medical treatment.
C.
Pet day care services are permitted in the B-2, B-3, M-1, IBD, and TOD Zoning Districts.
D.
Pet day care services are allowed in nonresidential facilities offering care for one or more domestic pet animals for up to 14 hours per day between the hours of 6:00 a.m. and 8:00 p.m.
E.
In the TOD Zoning District, all activity related to a pet day care service must be conducted indoors with pet waste stations being provided.
F.
In the B-2, B-3, M-1, and IBD Zoning Districts, pet day care services may have indoor activities or outdoor activities. Outdoor pet activities must take place within a fenced area and pet waste stations must be provided.
§ 235-35 Condominiums and common area.
A.
Individual dwelling units of two-family, multifamily, and townhouse structures may be sold separately, if separate utilities are provided, and provided that the structures otherwise conform to the district regulations and supplemental provisions.
B.
Ownership and maintenance of parking lots and courts, drive and walkways, recreational facilities and open space, or other areas dedicated to common use shall be established by covenants and agreements submitted to the City for approval.
C.
The final subdivision plat of any such development shall be accompanied by a detailed statement or proposal including covenants, agreements or other specific documents showing ownership, method of maintenance, and utilization of those areas reserved for common use by dwelling unit owners in the development. Provisions satisfactory to the Council and approved by the City shall be made to assure that the areas and facilities will be provided and maintained in a satisfactory manner without expense to the general public.
§ 235-36 Open space, recreation, and neighborhood parks.
[Amended 3-9-2026 by Ord. No. 25-O-16]
A.
Residential subdivision or residential site development more than five lots shall be required to provide open space and to dedicate land necessary for recreational purposes to support the City of Aberdeen's Comprehensive Plan Chapter 3, Community Facilities.
B.
Open space shall meet the following requirements:
(1)
Open space does not include public sidewalks adjacent to public rights-of-way, but may include internal walking trails, pathways, and bike paths within the open space area that provides recreational access for residents.
(2)
Open space may serve recreational purposes and preserve significant site features that are appropriate for the intended purpose. Open space shall be designed to serve recreational purposes that are appropriate to the scale and character of the development, considering its size, density, expected population, and the number and type of dwelling units proposed.
(3)
Open space shall be suitably improved with buildings, structures, and amenities for its intended use, except that open space containing natural features requiring protection may be left unimproved.
(4)
Open space uses may include walking trails, dog parks, community gardens, fishing ponds, disc golf, sports fields, playgrounds, water features, outdoor fitness stations, BBQ/picnic area, and shaded areas.
(5)
The following percentages for active recreation must be included with open space for these zoning districts:
Zoning District | Minimum Open Space |
|---|---|
R-1 (single-family detached) | 15% |
R-2 (single-family detached and duplexes) | 15% |
R-3 (single-family detached and attached) | 15% |
R-3 (multi-family uses) | 15% |
IBD (single-family detached and attached) | 7.5% |
IBD (multi-family uses) | 10% |
TOD (multi-family uses) | 10% |
B-1, B-2, and B-3 (any multi-family uses) | 10% |
C.
Neighborhood parks required. In order to implement the City of Aberdeen Comprehensive Plan Chapter 3, Community Facilities, goals, neighborhood parks shall be required for all new residential development in accordance with § 235-36A, B, D, and E of this chapter.
D.
Neighborhood parks: Purpose and Standards.
(1)
The purpose of the neighborhood park is to provide adequate active recreational facilities to serve the residents within the development.
(2)
The following are illustrative of the types of facilities that shall be deemed to serve active recreational needs and therefore to count towards satisfaction of the neighborhood park requirements of this article: tennis courts, racquetball courts, pickleball courts, basketball courts, swimming pools, exercise rooms, meeting or activity rooms within clubhouses, rock wall, and playground equipment.
(3)
Each development shall satisfy its neighborhood park requirement by installing the types of recreational facilities that are most likely to be suited to and used by the age bracket of people who will likely reside in that development.
(4)
Neighborhood parks shall be attractively landscaped and shall be provided with sufficient natural screening or at a minimum of a 10-foot buffer (to be included as open space) area to minimize and negative impacts upon adjacent residences.
(5)
Each neighborhood park shall be centrally located and easily accessible so that it can be conveniently and safely reached and used by those people in the surrounding neighborhood it is designed to serve.
(6)
For a neighborhood park to be dedicated to the City of Aberdeen, the park shall have frontage on a public street. Access shall be of suitable configuration to allow for regular maintenance by the City and access by the general public.
(7)
Except as provided in Subsection E(3), neighborhood parks shall not be less than 5,000 square feet in size.
(8)
Each neighborhood park shall be constructed on land, the final grade of which shall not exceed a 5% slope, that is free of nontidal wetlands, floodplains, and capable of serving the purposes intended by this section.
E.
Ownership and maintenance of open space and neighborhood parks shall be handled in the following manner:
(1)
It is the intent of this section that the required open space and neighborhood parks in residential subdivision or residential site development be maintained by the developer and/or a homeowner association unless the neighborhood park is dedicated to the City of Aberdeen as referenced in Subsection D(6) of this section.
(2)
It is the intent of this section that the required open space and neighborhood parks for multi-family developments shall not be dedicated to the City of Aberdeen and will be maintained by the developer/owner or homeowners' association.
(3)
In the event a neighborhood park is dedicated to the City of Aberdeen, the park must be a minimum size of one acre and within three miles of the residential development.
(4)
The developer/owner shall ensure that the open space and neighborhood parks not dedicated and accepted for public ownership are maintained and cared for, and the developer/owner shall provide for and establish an organization for the ownership, maintenance and preservation of open space and neighborhood parks which shall conform to the following standards and procedures:
(a)
The homeowners' association shall be established by the developer/owner before sale or rental of dwelling units in the development and prior to final subdivision or site plan approval.
(b)
Instruments in the form of deed restrictions and/or covenants shall be provided to ensure the purpose for which the open space and neighborhood park are provided. The instruments shall be approved by the City of Aberdeen prior to recording among the Land Records of Harford County. The homeowners' association documents shall be recorded in the Land Records of Harford County and a copy provided to the City of Aberdeen.
F.
Financial surety for improvements. The developer shall provide the City of Aberdeen with a cost estimate of the physical improvements for open space and neighborhood park requirements. Prior to final approval of the development plan where open space and neighborhood parks are required, the developer shall submit a financial surety in a format acceptable to the City of Aberdeen in an amount as specified in the cost estimate, which surety shall secure an agreement to construct the required physical improvements such as but not limited to Subsections B through D of this section as identified on the approved plans.
§ 235-37 Nonconforming lots, buildings, structures and uses.
[Amended 3-28-2022 by Ord. No. 22-O-03; 3-9-2026 by Ord. No. 25-O-16]
A.
Purpose and intent. The purpose of this section is to promote the orderly development of the City, ensure compatibility among land uses, gradually eliminate nonconforming uses that conflict with this chapter and to promote the goals of the adopted Comprehensive Plan. This section establishes limitations on the continuation and transfer of grandfathered rights associated with nonconforming lots, buildings, structures, and uses.
(1)
It is the intent of this chapter to permit these nonconformities to continue until they are removed but not to encourage their continued existence. Such uses are declared by this chapter to be incompatible with permitted uses in the zoning district they are located.
(2)
Nonconformities shall not be enlarged upon, expanded, or extended nor be used as grounds for adding other accessory structures or uses prohibited elsewhere in the same zoning district.
(3)
A nonconforming use of a structure, land, or both, shall not be extended or enlarged after passage of this chapter, nor shall additional uses of a nature which would be prohibited in the zoning district involved be allowed.
(4)
To avoid undue hardship, nothing in this chapter shall be construed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently continued with inspections being conducted and the building permit has not expired.
B.
Nonconforming lots.
(1)
In any district a principal use, where permitted, may be erected on any nonconforming lot, provided that the front, side and rear yards shall conform to the regulations applicable at the time the final approved plat was recorded prior to 1957. In this case, the Zoning Administrator shall determine the minimum front, side, and rear yard requirements based on the current zoning of the property and surrounding circumstances, including the requirements provided in § 235-12, Limitations, guides, and standards, Subsection B(1) through (10).
(2)
Any lot reduced in area or yard dimensions failing to conform to the requirements of this chapter by reason of realignment or dedication of any public road or by reason of a condemnation proceeding shall be a nonconforming lot. This provision shall not apply to roads created as part of a subdivision.
C.
Nonconforming buildings, structures or uses. Nonconforming buildings, structures or uses may be continued subject to the following provisions:
(1)
No nonconforming use shall be changed to a use not permitted by this chapter in the particular district in which the building or structure is located, except that whenever a nonconforming use has been changed to a more restricted use, such use shall not thereafter revert to a less restricted use.
(2)
Abandonment. If a nonconforming use ceases for a period of six months or more, then the nonconforming use shall be deemed abandoned and compliance with this chapter shall be required. The casual, temporary or illegal use of land or structure does not establish the existence of a nonconforming use.
(3)
The Zoning Administrator will use all reasonable means available to determine when a nonconforming use has ceased. The Zoning Administrator shall not approve any building permit or process any site plan which would continue a nonconforming use which has been abandoned.
(4)
Any nonconforming building or structure which is damaged or destroyed may be reconstructed to its former dimensions on the same lot and with the same nonconforming use. The nonconforming building or structure must be reconstructed in compliance with the current Building, Electrical, Mechanical, and Plumbing Code requirements in effect. Nothing in these regulations shall prevent the strengthening or restoring to a safe condition of any building or structure declared to be unsafe by a professional engineer.
§ 235-38 Mobile home parks.
[Amended 3-9-2026 by Ord. No. 25-O-16]
Mobile home parks may be approved as a special exception in an R-3 District, provided that the following minimum conditions are met:
A.
Public water and sewerage shall serve the property and proper provisions shall be made for electrical connections, fire protection, and refuse collection. The Maryland State Department of Health and Mental Hygiene shall approve water and sewer systems.
B.
The minimum total area of the park shall be five acres.
C.
The minimum width or depth of the park shall not be less than 500 feet.
D.
The topography of the site shall be such as to facilitate proper drainage, and adequate stormwater facilities shall be provided.
E.
The minimum area for each mobile home site shall be 4,000 square feet.
F.
No lot width shall be less than 35 feet.
G.
Not less than 15% of the total area of a mobile home park shall be devoted to recreational uses such as playground, multipurpose field, and basketball/pickleball courts.
H.
Access to the park shall be from a major thoroughfare. The number and location of access drives shall be controlled for traffic safety and protection of surrounding properties, provided that at least two entrances are available to assure access for emergency vehicles.
I.
No mobile home site shall be designed for access to a street outside the boundaries of the park.
J.
Interior access drives shall be bituminous asphalt, adequately lighted, and must meet the Harford County road code standards.
K.
Mobile home parks shall be surrounded by landscaped buffer strips, not comprising any mobile home site, measuring not less than 15 feet in depth on sides and rear and not less than 50 feet in depth along the front. The interior 30 feet of the front buffer may be used for street right-of-way.
L.
No mobile home unit shall be positioned closer than 25 feet to any other unit or service building.
M.
Off-street parking of two spaces per mobile home site shall be provided in accordance with the parking requirements.
N.
Accessory structures shall be located no closer than six feet to any lot line or other structure.
O.
An entrance sign is required at each access point to the mobile home park.
§ 235-39 Bed-and-breakfast inns.
[Amended 3-9-2026 by Ord. No. 25-O-16]
The purpose is to authorize and regulate the establishment and operation of bed-and-breakfasts in the City and to ensure the preservation of the character, integrity and property values of surrounding areas within which such facilities are located and maintained.
A.
All bed-and-breakfasts shall comply with the applicable provisions of the Life Safety Code and other applicable City codes.
B.
The Bed-and-Breakfast Overlay District shall be established along West Bel Air Avenue from Mt. Royal Avenue to Middelton Road.
C.
Bed-and-breakfasts shall be permitted in the Bed-and-Breakfast Overlay District, provided that the conditions set forth below are met. Bed-and-breakfasts shall be prohibited in B-1, B-2, and M-1 Districts.
D.
The applicant must provide the following information to the Director of Planning and Community Development and the Planning Commission:
(1)
A floor plan of the dwelling, together with any proposed changes, renovations or additions to the floor plan prepared by a licensed architect.
(2)
A site plan delineating that portion of the applicant's property under consideration, as well as all parcels and streets within 100 feet of the applicant's property, and the current uses thereof.
(3)
The site plan shall include the boundaries of the property, location of all buildings, driveways, parking areas, retaining walls, fences and hedges, location of the proposed sign and outdoor lighting, and location of proposed buffer and screening areas.
(4)
The number of off-street parking spaces provided on site.
(5)
Names and addresses of all abutting property owners to be notified within 30 days before the Planning Commission meeting.
E.
The Planning Commission shall consider the following:
(1)
Adequacy and arrangement of vehicle traffic and circulation.
(2)
Location, arrangement, appearance and sufficiency of off-street parking.
(3)
Location, arrangement, size and design of lighting and signs.
(4)
Adequacy, type and arrangement of trees, shrubs, fences and other landscaping or improvement constituting a visual or noise deterring buffer between the site and adjacent or adjoining uses.
(5)
The abutting property owners' comments at the meeting.
F.
Requirements for approval of bed-and-breakfast.
(1)
The owner of the bed-and-breakfast must reside in and continue to reside in the dwelling as his or her principal residence.
(2)
The parcel improved by the bed-and-breakfast shall provide or establish off-street parking spaces for the members of the owner's family residing in the dwelling unit as well as one parking space per room or unit which is rented.
(3)
Each bed-and-breakfast shall be established, maintained and operated so as to preserve and complement the residential character and integrity of the surrounding area where the facility is established in a residential district.
(4)
The number of paying guests accommodated per night shall not exceed local fire code requirements.
G.
The Director of Planning and Community Development or a designee of the City shall be given access upon notification to the dwelling as he deems necessary from time to time for the purpose of making inspections to ensure compliance with all federal, state and local codes, rules and regulations.
H.
A single exterior sign may be established on the site of the bed-and-breakfast. Said sign or display shall not exceed approximately six square feet in area. No freestanding sign shall be located less than 15 feet from the front property line nor less than five feet from the side property lines. Said sign shall be unobtrusive and illuminated to prevent glare.
I.
The bed-and-breakfast shall be maintained and operated at all times so as to comply with all federal, state and local fire prevention, health and safety, building and zoning codes and the rules and regulations promulgated hereunder, as amended.
J.
Any change, deviation, modification or variation of the structure must be approved by the Director of Planning and Community Development and the Aberdeen Planning Commission.
K.
The minimum lot size requirement shall be 10,000 square feet.
L.
The minimum house size shall be 2,500 square feet excluding the basement.
M.
Banquets and receptions shall be permitted, provided that the bed-and-breakfast owner provides adequate parking for the special event.
N.
If the bed-and-breakfast use ceases, then the use shall revert to its former use.
O.
Multiple dwellings on the same lot shall be considered as one use.
§ 235-39.1 Fortune-telling.
[Amended 3-9-2026 by Ord. No. 25-O-16]
Fortune-telling may be approved as a special exception in an M-1 District, provided that the following minimum conditions are met:
A.
Off-street parking is required for the business at the ratio of one parking space for 200 square feet of gross floor area, plus one parking space per each employee.
B.
The use shall not be located closer than 1,000 feet from any school property line.
C.
The use shall not be located within 1,000 feet of an existing fortune-telling establishment, church, place of worship, daycare center, school, or community center.
D.
The Board of Appeals may impose such conditions, limitations, and restrictions as necessary to preserve harmony with adjacent uses, the purposes of this section and the public health, safety, and welfare.
E.
Such conditions and restrictions may include, but are not limited to the following:
(1)
Manner and times of operation;
(2)
Signage.
§ 235-39.2 Assisted living facilities.
[Added 12-14-2020 by Ord. No. 20-O-18; amended 3-9-2026 by Ord. No. 25-O-16]
Assisted living facilities may be approved as a special exception in the R-1 District, provided that the following minimum conditions are met:
A.
A minimum parcel area of five acres is established and a maximum building coverage of 40% of the parcel is provided.
B.
The setback lot requirements for the R-2 Zoning District shall be met.
C.
The density shall not exceed 15 beds per acre of the parcel.
D.
The improvements shall be constructed to be harmonious with the architecture and character of the surrounding neighborhood.
E.
The buffer yard and landscaping provisions of § 235-30, Landscaping, outdoor lighting and buffer yards.
F.
The owner and/or operator of the assisted living facility shall comply with all state laws as necessary to operate an assisted living facility in the State of Maryland, including any provision for a security plan and/or wander mitigation plan.
§ 235-39.3 Assisted living facilities in R-2 District.
[Added 2-22-2021 by Ord. No. 21-O-02]
Assisted living facilities may be approved as a special exception in the R-2 District, provided that the following minimum conditions are met:
A.
A minimum parcel area of 7,200 square feet is established and a maximum building coverage of 50% of the parcel is provided.
B.
The assisted living facility shall only be conducted in a single-family detached dwelling.
C.
The setback lot requirements for the R-2 Zoning District shall be met.
D.
The density shall not exceed five beds per parcel.
E.
The improvements shall be constructed to be harmonious with the architecture and character of the surrounding neighborhood.
F.
The owner and/or operator of the assisted living facility shall comply with all state laws as necessary to operate an assisted living facility in the State of Maryland, including any provision for a security plan and/or wander mitigation plan.
§ 235-40 Overlay district regulations and design requirements; Architectural Review Committee.
[Amended 3-9-2026 by Ord. No. 25-O-16]
A.
General purpose.
(1)
The purpose and intent of this section is to provide design requirements that promote a positive aesthetic appearance; maintain the character of downtown; and ensure a harmonious blending of old and new architectural, structural, landscape, and lighting features.
(2)
The design requirements of this section are intended for use in making consistent and fair decisions based on defined standards when construction or renovation of buildings is to be undertaken within the overlay districts of the City of Aberdeen.
(3)
All development, redevelopment, or additions to existing buildings within the overlay districts shall be subject to the requirements of this section.
B.
Architectural Review Committee.
(1)
The Architectural Review Committee (ARC) consists of five members appointed by the Mayor and City Council. The ARC shall consist of at least two members who are licensed architects or landscape architects, one member chosen from the citizenry of the City of Aberdeen at-large, one member from the Aberdeen business community, and one member with experience in planning and zoning. In the event the Mayor and City Council cannot find one or more qualified individuals to appoint as members meeting these criteria, the Council may appoint such members as close as possible to meeting the criteria. A majority of members constitute a quorum, but no approval actions shall be finalized without the favorable votes of at least three members of the Committee.
(2)
Powers and duties of the ARC. The Committee shall:
(a)
Review all applications for new development, redevelopment, renovations, or building additions larger than that of 2,500 square feet within the overlay districts.
(b)
Determine whether an application and the proposed construction are in accordance with the overlay district regulations and design requirements.
(3)
General procedures.
(a)
An application for new construction, development, redevelopment, and renovation within any overlay district, including lighting and landscaping plans, shall be submitted to the Director of Planning and Community Development for initial review before consideration by the ARC.
(b)
The Director of Planning and Community Development shall refer the proposal to the ARC for its consideration. The ARC shall make recommendations in accordance with the design requirements contained in this section and shall issue such recommendations to the Director within 30 days after all information is received for its review.
(c)
The ARC shall be responsible for reviewing the proposal based on characteristics and specific factors within the overlay districts that may not be the preliminary site plan.
(d)
After review by the ARC, the Director shall decide whether or not to submit the proposal to the Planning Commission with the recommendations of the ARC.
(e)
If the ARC fails either to approve or disapprove plans and proposals within 30 days after the Director refers the proposal to the ARC, the plans and proposals shall be held in abeyance until the ARC can hold a meeting to discuss the plans with the applicant.
(f)
ARC review and approval shall not pertain to any applicable building, health, or fire safety codes.
(g)
The City shall issue no building permit until the ARC review comments have been addressed.
(4)
Items for review. The ARC shall review the following:
(a)
The general scope of the plan and its compatibility with existing or proposed design themes.
(b)
The conformity of the proposed project with the overall purpose of the design requirements.
(c)
That signage is consistent with overlay design requirements and conforms to the type, location, and size of signs required.
(d)
That proposed landscaping conforms to the overlay design requirements regarding, but not limited to, trees, plantings, and other amenities.
(e)
That facades of the proposed buildings or renovations and their orientation blend with existing buildings.
(f)
That color schemes blend with adjacent buildings and structures and strengthen the aesthetic of the overlay district overall.
(g)
That parking and pedestrian/bicycle circulation conforms to design and function recommendations.
(5)
Variances.
(a)
Circumstances such as (but not limited to) topography, location of property lines, environmental features, or other matters may authorize the ARC, by an affirmative vote of at least three of its members, to allow a reasonable variance to any of the design requirements.
(b)
The ARC shall develop a design review standard to govern its actions in respect to granting any variances. The design review standard shall be maintained in a documentary form and shall detail each variance granted and the reasons for granting same.
(c)
This variance procedure shall be limited to those areas under the direct purview of the ARC and shall not serve as a substitute for decisions under the jurisdiction of the Aberdeen Board of Appeals.
(6)
Records.
(a)
The ARC shall keep a record of all applications submitted, approved, or disapproved, and written minutes of its meetings, outlining all actions taken by it under the provisions of this section.
(b)
ARC records shall be maintained in the master file for each project.
(c)
ARC agenda and meeting minutes shall be posted on the City of Aberdeen's website.
C.
Overlay district regulations.
(1)
Overlay districts impose additional regulations on properties located within the boundaries to enhance the quality of growth and development in the district, and to protect the value of public and private investment. Overlay district requirements are in addition to those imposed by the specific zoning district in which the properties are located. In the case of a conflict among regulations, the strictest standard shall apply.
(2)
The boundaries of each overlay district are described below and are indicated on the Official Overlay District Maps for each district as adopted by ordinance. The districts shall be known as the I-95 Overlay District, and the Downtown Revitalization Overlay District.
(a)
I-95 Overlay District boundaries encompass the properties bordering Maryland Route 22, Technology Drive, Long Drive, Gilbert Road, Aldino Stepney Road, Adamson Way and Interstate 95 (I-95) located within the Aberdeen corporate limits.
(b)
Downtown Revitalization Overlay District boundaries encompass the properties bordering US 40, Old Philadelphia Road, MD 7, and MD 715. The Downtown Revitalization Overlay District boundaries also include properties located in the Transit Oriented Development District.
(3)
Design requirements. All development within the I-95 Overlay and Downtown Revitalization Overlay Districts shall comply with the provisions set forth in this section.
D.
Overlay design requirements.
(1)
Overlay design requirements are intended for consistency in the following areas:
(a)
Building design, height, and mass.
(b)
Building setbacks.
(c)
Building materials.
(d)
Awnings and canopies.
(e)
Parking.
(f)
Pedestrian/bicycle circulation.
(g)
Lighting.
(h)
Landscaping.
(i)
Screening/loading/storage.
(j)
Signage.
(k)
Security.
(l)
Open space.
(m)
Noise impact.
(2)
Building design, height and mass.
(a)
Scale and design. Within the Downtown Revitalization Overlay District, buildings shall be built on a human scale and lend an intimate and personal feel to the streetscape. The scale of a project should be compatible with adjacent buildings and development.
(b)
Architectural features. Predominant primary architectural features, materials, and colors of existing buildings, especially those built in accordance with these design requirements, shall be incorporated into the proposed architectural design. Building additions shall be compatible in scale, materials, and character to the main building.
(c)
Relief and rhythm. Relief and rhythm should be used in the design to provide interest and variety and to avoid monotony. See example below:
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(d)
Exterior walls. Horizontal and vertical elements of exterior walls should vary in height and projection to provide architectural interest and style. Such interest and style may be provided through, but not limited to, the treatment of windows, doors, eaves, rooflines, and parapets.
(e)
Building accents. Building trim, accents, color, materials and style should be incorporated into primary design themes to promote architectural visual interest. See example below:
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(f)
Exterior elevations. Exterior elevations of buildings should be integrated into the architectural style of the particular overlay district.
(g)
Details. Detailing should be used as a method of enhancing the character of a building, thereby adding interest to the development. Details should be consistent with and support the character of the project.
(h)
Equipment. Equipment, such as, but not limited to, roof-mounted communications and mechanical equipment and venting, shall be screened from street view. See example below:
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(i)
Enclosures. Fences, walls, patio enclosures, and other such features visible from the street shall be compatible with the architectural character of the project. Dumpsters shall be enclosed or screened in such a way as to keep them from view, with use of similar building materials as those used in the overall project. Natural vegetation may be used to achieve the proper level of screening. See examples below:
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(j)
Entryways. Building entryway design and placement should be integrated with the design of the project through the use of similar building materials, details, shapes, colors, or other architectural features.
[1]
The building entrance should be easily identifiable and form a smooth transition between outside and inside areas.
[2]
Building entries should be provided with adequate security lighting.
(k)
Roof variations. Roofline variations should be used to provide architectural style, character, and/or interest for commercial or industrial buildings that are limited in wall configuration (such as long, straight walls) due to functional constraints.
(l)
Window and door placement. Patterns created by window and door placement can add variety and interest to the design. Attractive views should be emphasized and noncomplementary views avoided. Every effort should be made to have drive-through windows not face a public street. Where this is not practical or possible, additional landscaping or other screening methods shall be used.
(m)
Walls and landscaped buffers. Walls and landscaped buffers shall be used to provide a physical separation between different projects and different uses to minimize the impact of unattractive or noisy areas and to act as a buffer between properties. Walls that front on a public street shall be designed to include colors, materials, forms, and architectural accents compatible with the main building or streetscape. See examples below:
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(3)
Building setbacks.
(a)
Setback. The building setback shall adhere to the setback of the zoning district in which it is located.
(b)
Infill sites. Buildings adjacent to infill sites should be set back from the street in accordance with the predominant line of building setback along the street, so as to create a defined streetscape and sense of place. Buildings should be oriented toward the fronting street(s) wherever and whenever practical. Seek to provide attractive open space and/or landscaped areas for public use.
(4)
Building materials.
(a)
Materials. The building materials of a project shall be durable and of the same or higher quality as surrounding developments.
(b)
Texture. The texture of the building components shall enhance the function or appearance of the design.
(c)
Color schemes. Color schemes shall be compatible with adjacent developments.
(d)
Details. Details of the proposed colors and materials shall be shown on the building plans and samples provided for the ARC review.
(e)
Surfaces. Reflective surfaces shall not be used in locations which may produce excessive reflections or glare.
(5)
Awnings and canopies.
(a)
Awnings and canopies as design features to the front or rear of building windows and doorways are required and shall be installed in compliance with all applicable building, fire, and safety codes.
(b)
The specific location of awnings and canopies, their color, applied signage, and materials used shall be subject to the approval of the ARC. See example below:
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(6)
Parking/shared parking.
(a)
For sites or developments that include significant amounts of parking, avoid large uninterrupted expanses of asphalt from the fronting streets so that vast amounts of surface parking do not dominate the view(s) from the fronting street(s) to the site's primary buildings.
(b)
Break up large areas of parking with landscaping and pedestrian walkways, with most parking directed to the rear and sides of the buildings or site. Avoid single large parking lots.
(c)
Parking lots that face a street or alley shall be buffered or screened from the street by a low fence, wall, hedge, or vegetated buffer. If a parking lot fronts on an arterial or major collector and is of such a size that it dominates views from the fronting arterial/collector and detracts from the overall streetscape and community appearance, the parking lot must be screened or buffered from view along the fronting roadway(s).
(d)
Landscaping. Separate parking aisles from one another with planted medians with trees or with other landscaping features. See example below:
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(e)
All parking lots shall have:
[1]
A safe and comfortable pedestrian circulation system;
[2]
Safe turning radii for vehicles;
[3]
A smooth, efficient, and clearly marked traffic movement pattern; and
[4]
A design that integrates parking with the character of the site and the proposed development.
(f)
Access drives to parking lots should be minimized.
(g)
On-site traffic lanes. Traffic aisles within a project shall provide a safe and convenient circulation pattern. Pedestrian movement and safety shall be paramount in the project design.
(h)
Proximity to structures. Parking areas shall provide ease of access to all users, with short-term customer parking provided close to the building.
(i)
Covered spaces and parking garages. Covered parking structures and garages shall have design features compatible with the overall character of the project.
(j)
Parking lot lighting. Lighting shall provide adequate safety illumination and avoid direct illumination of adjacent residential districts.
(7)
Pedestrian/bicycle circulation.
(a)
Pedestrian facilities shall include, but not be limited to, sidewalks, handicap accessible ramps, crosswalks, and pedestrian signals.
(b)
Site designs should balance the access needs of pedestrian, vehicular, and bicycle traffic.
(c)
A network of convenient and safe pedestrian paths shall connect areas within the project, and shall connect the project to adjacent properties.
(d)
Priority connections to bus stops, schools, parks, public facilities, and retailers should be provided.
(e)
The location and number of access points to the site, the interior circulation pattern, and the separation between pedestrians and vehicles shall maximize safety and convenience for users and shall be harmonious with proposed and existing buildings.
(f)
Walkways shall be well lit to provide visibility, security, and a pleasant environment.
(g)
Sidewalks shall be provided along the street frontage of the property in accordance with City standards.
(h)
Pedestrian and bicycle crossings must be provided for pedestrian and cyclist safety, convenience, and to minimize automobile conflict.
(8)
Outdoor lighting.
(a)
Outdoor lighting shall provide security and visual interest with minimal impact on adjacent properties.
(b)
Exterior lighting shall illuminate the building and its grounds for safety purposes, and must do so in a pleasing and aesthetic manner. Outdoor lighting shall be placed and screened to limit the emission of light beyond the development.
(c)
Exterior lighting fixtures shall be appropriate to the building and to its surroundings in style, scale, and illumination intensity. Wall-mounted light fixtures should not extend above the height of the wall on which they are mounted.
(d)
The height of light fixtures, as well as their position and intensity, shall be subject to ARC approval.
(9)
Landscape design and development.
(a)
General requirements.
[1]
Landscaping must be installed as an integral feature of each project. Such landscaping includes finished grading, seeding, sodding, functional and decorative ground covers, shrubs, shade trees, flowering trees, and evergreen trees.
[2]
Landscape design must:
[a]
Reinforce architectural design objectives, parking functions, and pedestrian activities within the site.
[b]
Screen views of parking areas, service areas, dumpster areas, mechanical equipment, etc., with a combination of deciduous and evergreen trees and shrubs.
[c]
Provide canopy trees along streets and parking aisles and within planting islands.
[d]
Provide color, texture and visual interest.
[3]
Landscaped areas must be planted with trees, shrubs and/or ground covers and must use shredded hardwood mulch or bark.
[4]
The slope of any earth berm shall not exceed a vertical to horizontal ratio of 3:1 and shall be planted with a suitable ground cover to prevent soil erosion.
[5]
Signs or sidewalks may not be located in required landscaped areas.
[6]
Landscaped areas adjacent to vehicular traffic shall be protected by a continuous concrete curb or similar permanent barrier.
(b)
The landscape plan.
[1]
Landscape plans shall be prepared and sealed by a landscape architect licensed in the State of Maryland or by any other licensed professional who is authorized by the State of Maryland to prepare landscape plans.
[2]
The landscape plan shall indicate location, general type and quality of any existing vegetation, and methods to protect existing vegetation during construction.
[3]
The landscape plan shall include location and identification of all proposed plants, as well as a plant list that includes botanical and common name, quantity, spacing, and size at time of planting.
[4]
The landscape plan shall include the location and description of other landscape improvements, such as earth berms, walls, fences, screens, sculptures and fountains, street furniture, lighting, and paved outdoor areas.
(c)
Landscape standards.
[1]
Public right-of-way. A landscaped strip shall be provided on the property adjacent to all public rights-of-way.
[a]
Arterial street. A 10-foot wide landscaped strip is required adjacent to and parallel to the frontage of an arterial street.
[b]
Non arterial street. A 10-foot wide landscaped strip is required adjacent and parallel to the frontage of a non-arterial street.
[c]
Landscaped strips adjacent to the public right-of-way should be designed to include ground covers and other plant materials compatible with low maintenance and low-water-use standards.
[d]
One tree and three shrubs shall be planted in the landscaped strip for every 25 feet of street frontage.
[2]
Perimeter landscaping.
[a]
Landscaped areas are required adjacent to incompatible uses in accordance with § 235-30.
[b]
A variety of deciduous and evergreen trees and shrubs shall be used when providing required screening between adjacent properties.
[3]
Parking lots.
[a]
Parking aisles should be separated from one another by planted medians with major shade trees and low-growing shrubs.
[b]
Where the end of a parking space abuts a required landscaped area, the width of the landscaped area must be increased by five feet, or by curb stops provided to prevent overhang of parked cars.
[4]
Stormwater management facilities.
[a]
Landscaping of stormwater management facilities shall be in accordance with the current Maryland Stormwater Design Manual.
[b]
Stormwater management or retention areas must enhance the quality of the overall landscape design. Large areas for water retention should be utilized as a landscape element whenever possible.
[c]
Green roof systems for meeting stormwater management requirements may be considered as part of the site design.
(d)
Planting requirements.
[1]
Minimum tree sizes when planted shall be as follows. In certain locations, such as entrances, corners, focal points, and for critical areas to be screened, larger trees or shrubs may be required.
[a]
Deciduous canopy or shade trees: 2 1/2 inch to three inch caliper, 12 feet to 14 feet in height.
[b]
Deciduous ornamental or flowering trees: two-inch to 2 1/2 inch caliper, eight feet to 10 feet in height.
[c]
Evergreen trees: seven feet to nine feet in height.
[2]
Required shrubs shall have a minimum mature growth height of 24 inches. At least 50% of required shrubs shall be a minimum of five gallon size upon planting. In no case shall any shrub be less than one gallon size.
[3]
Ground cover.
[a]
Required ground cover may be two types:
[b]
Vegetative ground cover consisting of living plant materials characterized by horizontal as well as vertical growth, generally not exceeding 18 inches in height.
[c]
Inert ground cover consisting of gravel, decomposed granite, crushed rock, bark chips, or other approved materials.
[d]
Substitution due to seasonal planting constraints or lack of plant availability may be made in accordance with the following:
[e]
No reduction in the quantities of plant materials.
[f]
No significant change in size or location of plant materials.
[g]
New plant materials fall within the same general functional category of plants (shade trees, ornamental trees, evergreens, etc.) as the plant materials being replaced.
[h]
The proposed new plant materials are considered appropriate with respect to elements necessary for good survival, continued growth, and reasonable maintenance.
(e)
Plant standards and guarantee.
[1]
All material selected shall be equal to or better than the requirements of the American Standard for Nursery Stock, latest edition, as published by the American Association of Nurserymen. All material shall be nursery grown under the same climatic conditions as the location of this project for at least two years. Varieties shall be indigenous to this area, Zone 6, and Zone 7.
[2]
All materials shall be planted according to the Landscape Specification Guidelines published by the Landscape Contractors Association, or its equivalent.
[3]
All plant materials shall be installed during the first planting season after completion of site work.
[4]
All plant material shall be guaranteed by the property owner or installer for the duration of one full growing season after final inspection and acceptance of the work. Plants shall be alive and in satisfactory growing condition at the end of the guarantee period.
[5]
The property owner and/or lessee shall maintain all landscape materials and landscaped areas in accordance with the approved plan.
[6]
All landscaping, buffering, and screening shall be maintained in a healthy condition. Dead or diseased plants shall be removed and replaced with new material by the owner within one growing season.
(10)
Screening/loading storage.
(a)
Trash and refuse collection areas. Areas that generate noise and odors shall be located where they will not disturb the residents or patrons within the project or within adjacent areas and shall not be the visual focal point of a driveway or parking area. See examples below:
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(b)
Loading and service bays. Use landscaped areas, fencing, and walls to decrease noise levels. These areas should also be separated from customer parking where possible.
[1]
Service and loading bays (such as, but not limited to, automotive, service, tire, etc.) shall be oriented away from existing residences.
[2]
Loading and service bays must be screened from view.
(c)
Pedestrian loading and unloading areas. Pedestrian drop off locations shall be incorporated within the overall circulation patterns and should be convenient and safe for pedestrians.
(d)
Emergency vehicle access. Integrate access for emergency vehicles into design of the project. Signage and striping shall be compatible with the overall site design.
(e)
Outside storage. Outside storage areas, if permitted, shall be screened from street view and from adjacent residential, office, and commercial districts. See examples below:
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(11)
Signage.
(a)
Signs should be an integral design component of the building architecture, building materials, landscaping, and overall site development.
(b)
The following signs will be permitted:
[1]
Attached signs. Attached signs should be integrated with the primary physical features of the building and should complement the building architecture. See example below:
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[2]
Letters. Signs should be composed of individual letters, such as channel letters, upgraded cabinet forms, or other durable material, and should be mounted so that the attachment device is not visible or discernible. Raceways or similar mounting platforms should be the same color as the surface upon which they are placed. See example below:
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[3]
Monument signs shall, where feasible, incorporate design features associated with the buildings or structures and should represent the architectural design of the project overall.
(c)
Monument signs shall be constructed with a base of metal or masonry. Sign cabinets and sign faces mounted atop a base or other fixture shall have architectural details reflecting the overall project design. See examples below:
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(d)
Sign copy shall not exceed a horizontal to vertical ratio of 2:1.
(e)
Internally illuminated signs should provide an opaque background so that only the sign copy is illuminated, except where the background is colored to mute the amount of illumination or where the background is integral to the design of a corporate image or registered trademark.
(12)
Security.
(a)
Physical barriers, such as bollards, are permissible for security purposes. See example below:
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(b)
Doorways and windows should be located to maximize surveillance of entryways, pathways, and parking lots.
(c)
Adequate outdoor lighting shall be provided throughout the project.
(d)
Landscaping shall not block security surveillance devices or access and egress of safety vehicles and equipment.
(13)
Noise impact.
(a)
Site design shall include provisions for limiting noise so as not to interfere with the use of adjacent property. The occupants of a completed project shall be protected from noise from inside and outside the site through screening, setbacks, and noise reducing building materials.
(b)
Noise-generating equipment shall be located to minimize noise on adjacent residential uses.
