Subtitles 2, 3, and 4 are overlay zones and the requirements of these subtitles are in addition to other requirements of this Code. If any provision in this title conflicts with other County law, the provisions of this title prevail, except that § 18-13-102 shall apply if a property subject to one or more of the overlays in this title is located in the critical area.

(Bill No. 4-05)

   (a)   Bog Protection Area Guidance Map. The bog protection areas are shown on the Bog Protection Area Guidance Map adopted by Bill No. 60-02 and include the following:

      (1)   Main Creek Bog;

      (2)   Fresh Pond Bog, also known as Angel's Bog;

      (3)   North Gray's Creek Bog complex;

      (4)   South Gray's Creek bog;

      (5)   Eagle Hill Bog;

      (6)   Shady Pond Bog;

      (7)   Black Hole Creek Bog;

      (8)   Cockey Creek Bog;

      (9)   Dill Road Bog;

      (10)   Cypress Creek Bog;

      (11)   Cypress Creek Atlantic White Cedar Forest;

      (12)   Gumbottom Bog;

      (13)   Deep Ditch Bog;

      (14)   Sullivan's Cove Atlantic White Cedar Forest; and

      (15)   Hines Pond Bog.

   (b)   Map modifications. If a field verification proves to the satisfaction of the Planning and Zoning Officer that the boundary of a classification shown on the Bog Protection Area Guidance Map is inaccurate, the Planning and Zoning Officer may modify the map to reflect the correct boundary no sooner than 30 days after a notice is sent to each property owner listed in the County's tax records whose boundary is affected by the inaccuracy.

(Bill No. 4-05)

   A bog protection area is divided into the following classifications:

      (1)   bog;

      (2)   contributing streams;

      (3)   100-foot upland buffer;

      (4)   limited activity area; and

      (5)   contributing drainage area.

(Bill No. 4-05)

   This subtitle applies to commercial revitalization areas as shown on a map adopted by the County Council.

(Bill No. 4-05; Bill No. 78-05; Bill No. 10-17; Bill No. 86-18; Bill No. 13-20; Bill No. 14-20)

      (1)   the Planning and Zoning Officer may approve redevelopment that does not satisfy the bulk regulations and parking requirements under this title and Title 17, provided the proposed redevelopment brings the improvements into greater overall compliance with this Code and the proposed improvements meet or exceed the level of compliance of the existing use.

      (2)   the Planning and Zoning Officer shall base the decision to approve or deny the proposed redevelopment on the findings and other matters set forth in § 17-2-108(a)(2) through (a)(4) of this Code; and

      (3)   as a part of a site development plan application for redevelopment, an applicant shall include a description of how the proposed redevelopment increases compliance of the existing use or meets or exceeds the standards set forth in this Code.

(Bill No. 78-05; Bill No. 69-07; Bill No. 10-17)

      (1)   animal hospitals and veterinary clinics;

      (2)   brewery, craft;

      (3)   carpet cleaning establishments;

      (3)   carpet cleaning establishments;

      (4)   coffee roasters;

      (5)   linen supply establishments;

      (6)   sign shops, including painting and fabrication;

      (7)   swimming pool and spa sales, with outdoor display;

      (8)   taxidermists; and

      (9)   vending businesses.

      (1)   Density may not exceed 22 dwelling units for each acre of area.

      (2)   The number of dwelling units allowed shall be applied in the aggregate, rather than separately to individual lots.

      (3)   An area equal to 10% of the floor area of the residential structures shall be set aside for use by the residents of the development as an outdoor recreational area, such as a pocket park, plaza, or courtyard that may include amenities such as benches, gazebos, and shade trees; an indoor recreational facility, such as a community room, gymnasium, or swimming pool; or a combination of an outdoor recreational area and indoor recreational facility; and the provisions of § 17-6-111 do not apply.

      (4)   At least 25% of the land area shall consist of commercial uses, including structures, parking, access, and open areas used for stormwater management and landscaping, when residential and commercial uses are contained in separate structures.

      (5)   The height of a multifamily dwelling may not exceed 75 feet.

      (6)   Dwelling units shall be located at least 25 feet from an existing commercial telecommunication facility.

(Bill No. 4-05; Bill No. 54-05; Bill No. 78-05; Bill No. 19-06; Bill No. 10-17; Bill No. 29-24; Bill No. 72-24)

(Bill No. 4-05; Bill No. 78-05; Bill No. 64-23)

   This section applies to those properties within the BWI Mixed Use Overlay Area as shown on the official map adopted by the County Council in Bill No. 30-25 entitled the BWI Mixed Use Overlay Area.

(Bill No. 116-15; Bill No. 30-25)

   The uses allowed on a property in the BWI Mixed Use Overlay Area are the permitted, conditional, and special exception uses allowed in the underlying zoning district in accordance with the requirements of the district in which the use is located. The following additional uses are allowed as permitted uses within the BWI Mixed Use Overlay Area:

      (1)   alcoholic beverage uses as accessory to other uses, and subject to the provisions of § 18-10-104;

      (2)    banks;

      (3)   dwellings, multifamily;

      (4)   dwellings, townhouses and stacked townhouses;

      (5)    hotels and motels;

      (6)    offices, professional and general;

      (7)   package goods stores, subject to the provisions of § 18-10-148;

      (8)   pharmacies;

      (9)    restaurants; and

      (10)   retail specialty stores or shops for retail sales.

(Bill No. 116-15; Bill No. 30-25)

   (a)   For multifamily, stacked townhouses, and townhouse developments in the BWI Mixed Use Overlay Area, the following bulk regulations shall apply:

 

   (b)   For all other uses in the BWI Mixed Use Overlay Area, the bulk regulations for the underlying zoning district shall apply.

(Bill No. 116-15; Bill No. 72-24; Bill No. 30-25)

      (1)   "Community enhancement" means a contribution or feature that exceeds the requirements of the County Code and is provided by a developer, in whole or in part, to improve the community's aesthetic character or quality of life and may include pocket parks, playgrounds, recreation facilities, bicycle or pedestrian trail improvements, bus shelter or other transit improvements, public meeting space, or public art, or contributions to capital improvements to a public park or community facility that serves the surrounding community.

      (2)   "Redevelopment" means rehabilitation of an existing structure or new construction on a lot or lots when one or more of the lots:

         (i)   is zoned R10, R15, R22, TC, Commercial, or Industrial, or is located, in whole or in part, within a transit-oriented overlay development policy area identified in the General Development Plan;

         (ii)   has or had preexisting structures, uses, or paved parking; and

         (iii)   has primary vehicular access from an arterial road or from a local or higher classification road that directly accesses an arterial road.

      (1)   facilitate redevelopment of improved properties that are underutilized, obsolete, or deteriorated;

      (2)   allow flexibility of design, building types, and densities to integrate the redevelopment into the surrounding community;

      (3)   provide a wide range of redevelopment alternatives;

      (4)   allow creative uses or mixes of uses;

      (5)   achieve quality land use proposals through flexible and timely development approvals;

      (6)   address pedestrian connections and circulation;

      (7)   encourage community enhancements;

      (8)   encourage high-quality site and building design; and

      (9)   encourage the assemblage of lots when appropriate.

(Bill No. 64-20; Bill No. 94-21)

(Bill No. 64-20; Bill No. 65-21)

      (1)   when a use is allowed as both a permitted use and a conditional use in one or more zoning districts, the use shall be allowed as a permitted use and the requirements of Title 10 do not apply; and

      (2)   when a use is allowed as a conditional use only in one or more zoning districts, the use shall meet the conditional use requirements of Title 10, except a requirement that addresses bulk regulations, such as lot size, site area, coverage, width at the front building restriction line, setbacks from lot lines, height, density, floor area ratio, or required percentages of uses, does not apply.

(Bill No. 64-20; Bill No. 99-20)

 

 

(Bill No. 64-20)