(a)   Scope. This article applies to all land located in the County, except that it does not apply to land owned or leased and developed by the County or the Board of Education unless federal or state law requires compliance with this article. The provisions of this article are minimum requirements and are in addition to other requirements of law.

      (1)   an application for a special exception or variance filed on or before April 4, 2005 shall be governed by the law as it existed prior to May 12, 2005 for the special exception or variance as approved;

      (2)   an application for a special exception or variance filed before July 6, 2010 shall be governed by the law as it existed prior to November 22, 2010 for the special exception or variance as approved if the County approves an administrative waiver as stipulated in COMAR, Title 26 or the project is exempt from the administrative waiver process;

      (3)   an application for a special exception filed before June 4, 2018 shall be governed by the law as it existed prior to June 4, 2018;

      (4)   development that falls within one of the exceptions set forth in § 17-2-101(b)(1) through (b)(5) of this Code shall be governed by the law relating to parking, lot size, width at the front building restriction line, coverage, setbacks, height limitations, and density that existed prior to May 12, 2005;

      (5)   development that falls within one of the exceptions set forth in § 17-2-101(b)(6) or (b)(7) of this Code shall be governed by the law as it existed prior to July 6, 2010 if the County approves an administrative waiver as stipulated in COMAR, Title 26 or the project is exempt from the administrative waiver process;

      (6)   subject to the election provisions of subsection (8), an application for a special exception or variance filed before November 19, 2012 shall be governed by the law as it existed prior to April 16, 2013 for the special exception or variance as approved;

      (7)   subject to the election provisions of subsection (8), development that falls within one of the exceptions set forth in § 17-2-101(b)(8) or (b)(9) of this Code shall be governed by the law as it existed prior to April 16, 2013;

      (8)   for any application described in subsection (6) or (7), the applicant may make an election, in writing and filed with the Planning and Zoning Officer no later than July 1, 2013, to be governed by the law as it exists after April 16, 2013;

      (9)   an application for a solar energy generating facility – community filed before January 1, 2018, shall be governed by the law as it existed prior to January 1, 2018 for a solar energy system – principal; and

      (10)   the following shall be governed by the law as it existed prior to August 1, 2020:

         (i)   an application for a grading permit, building permit, or zoning certificate of use filed on or before February 18, 2020 for a group home that would be deemed an “assisted living facility I, community based”, an “assisted living facility II, community based,” a “group home I,” or a “group home II” under Bill No. 16-20;

         (ii)   an application for a grading permit, building permit, or zoning certificate of use filed on or before February 18, 2020 for an existing use with a group home license issued by the State; and

         (ii)   an application for a variance or a special exception, provided the application is filed on or before October 8, 2021 and any permits associated with the application are issued on or before December 1, 2021. A variance or special exception grandfathered under this subsection may not be extended by variance;

      (12)   for a property located in the Odenton Town Center, any application listed in § 17-2-101(b)(18) of this Code or any application under this article filed on or before March 29, 2024 shall be governed by Subtitle 1 of Title 9 as it existed prior to March 29, 2024; and

      (13)   for a property located in a mixed use district, any application listed in§ 17-2-101(b)(20) of this Code filed on or before February 2, 2025 and any application under this article associated with those applications shall be governed by the law as it existed prior to February 2, 2025.

(Bill No. 4-05; Bill No. 78-05; Bill No. 52-06; Bill No. 60-10; Bill No. 93-12; Bill No. 76-13; Bill No. 18-18; Bill No. 89-18; Bill No. 16-20; Bill No. 63-21; Bill No. 84-23; Bill No. 75-24)

   The policy of the County is to:

      (1)   guide and direct the development of land and the location of public facilities and services in accordance with the General Development Plan for the County;

      (2)   organize the concentration of population;

      (3)   relate density of uses to the proper locations;

      (4)   facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public facilities and services;

      (5)   protect and preserve the Chesapeake Bay and its tributaries;

      (7)   promote an adequate supply of housing throughout the County with a broad range of housing types and prices that meet the needs of citizens at different ages and stages of their lives;

      (8)   strengthen and revitalize existing communities and encourage the revitalization of older residential and commercial areas;

      (9)   promote the value of buildings and other structures;

      (10)   provide for the safety and promote the general welfare of the County through the protection of life and property to enhance and maintain the quality of life for all citizens;

      (11)   preserve agricultural land, forested and rural areas, bogs, wetlands, and floodplains; and

      (12)   divide the County into zoning districts of such character, number, shape, and area as are best suited to effect these policies.

(Bill No. 4-05; Bill No. 64-09)

      (1)   the current General Development Plan for Anne Arundel County;

      (2)   all current master plans, concept plans, preservation plans, and management plans adopted by the County Council; and

      (3)   all region plans authorized by the current General Development Plan and adopted by the County Council.

      (1)   The 2022 Green Infrastructure Master Plan is not regulatory, does not have the force of law, and does not impose restrictions on development or land use in the County.

      (2)   On or before July 1, 2023, and on or before July 1 of every year following, the Office of Planning and Zoning, in conjunction with the Department of Recreation and Parks, shall submit to the County Executive and County Council a report on the progress of the implementation of the Green Infrastructure Master Plan. In coordination with the annual report the Office of Planning and Zoning shall update the Green Infrastructure Network Map to:

         (i)   remove any areas identified as technical errors;

         (ii)   designate areas in the Network where development has been approved;

         (iii)   designate areas in the Network where land has been conserved through acquisition, easement, or similar mechanisms; and

         (iv)   add any adjacent, contiguous areas that have been conserved through acquisition, easement, or similar mechanisms.

      (1)   Any General Development Plan adopted by the County Council shall designate no less than seven region planning areas encompassing all unincorporated areas of the County.

      (2)   The General Development Plan shall provide for creation of region plans for each region planning area, and shall specify:

         (i)   the content of the region plans;

         (ii)   the implementation process and schedule for completion of the region plans; and

         (iii)   the composition of stakeholder advisory committees, which shall include no less than nine and up to fifteen members, all of whom shall be residents of, own property in, or have an interest in land use planning in the region planning area, nominated by the County Executive, and approved by resolution of the County Council. Of the members, two-thirds shall be residents of the region, and including one resident from each Councilmanic District included in the region planning area, who is recommended to the County Executive by the County Councilmember from the Councilmanic District.

      (3)   The Office of Planning and Zoning shall work with the stakeholder advisory committees to create the region plans and to ensure that the region plans are consistent with the policies in the General Development Plan.

      (4)   Each region plan shall include maps depicting any changes to the land use map included in the current General Development Plan, and a description of how the changes are consistent with the goals and policies of the General Development Plan.

      (5)   Region plans adopted by the County Council after adoption of the General Development Plan shall be considered amendments to the General Development Plan, until adoption of the next General Development Plan.

(1985 Code, Art. 24, §§ 1-101, 1-102) (Bill No. 47-85; Bill No. 77-85; Bill No. 82-85; Bill No. 29-86; Bill No. 61-86; Bill No. 66-87; Bill No. 32-88; Bill No. 49-88; Bill No. 20-90; Bill No. 81-90; Bill No. 32-92; Bill No. 74-92; Bill No. 67-93; Bill No. 14-94; Bill No. 73-94; Bill No. 84-95; Bill No. 92-95; Bill No. 112-96; Bill No. 108-96; Bill No. 19-97; Bill No. 51-97; Bill No. 78-97; Bill No. 87-97; Bill No. 52-98; Bill No. 117-98; Bill No. 51-99; Bill No. 56-99; Bill No. 69-99; Bill No. 72-99; Bill No. 5-00; Bill No. 22-00; Bill No. 69-00; Bill No. 33-01; Bill No. 25-01; Bill No. 68-01; Bill No. 75-01; Bill No. 77-01; Bill No. 92-01; Bill No. 5-02; Bill No. 31-02; Bill No. 42-02; Bill No. 67-02; Bill No. 83-02; Bill No. 2-03; Bill No. 35-03; Bill No. 39-03; Bill No. 41-03; Bill No. 48-03; Bill No. 69-03; Bill No. 75-03; Bill No. 16-04; Bill No. 46-04; Bill No. 51-04; Bill No. 52-04; Bill No. 60-04; Bill No. 98-05; Bill No. 84-07; Bill No. 33-08; Bill No. 93-08; Bill No. 64-09; Bill No. 89-09; Bill No. 90-09; Bill No. 49-10; Bill No. 60-11; Bill No. 2-12; Bill No. 17-13; Bill No. 11-13; Bill No. 91-13; Bill No. 56-14; Bill No. 60-14; Bill No. 74-14; Bill No. 12-15; Bill No. 75-15; Bill No. 89-15; Bill No. 20-16; Bill No. 85-16; Bill No. 76-17; Bill No. 13-18; Bill No. 21-18; Bill No. 11-21; Bill No. 8-22; Bill No. 75-24)

   (a)   Definition. In this section, "specified public facilities" means County and State roads, public elementary and secondary schools, and the capital improvements necessary to provide emergency medical services, fire suppression, and storm water management.

   (b)   Contents. The General Development Plan, referred to as a "master plan" in § 531 of the Charter, shall include the contents required by Land Use Article, §§ 1-405 et seq., of the State Code, for the comprehensive plan of a chartered county; a concurrency management plan for protecting the quality of life in the County from the adverse impacts of new development by ensuring that public facilities adequate to support future development are in place at the time the future development occurs; and other information deemed necessary by the Planning and Zoning Officer to plan for the orderly growth and development of the County.

   (c)   Concurrency management plan. The concurrency management plan contained in the General Development Plan shall include:

      (1)   a level of service standards for each of the specified public facilities;

      (2)   a description of the existing specified public facilities and an evaluation of the existing demand on those specified public facilities, with detailed findings on the improvements to the specified public facilities necessary to accommodate existing demand at the applicable level of service standards and the costs of making those improvements;

      (3)   an evaluation of the impact of anticipated future development on the specified public facilities, with detailed findings on the existing capacities of the specified public facilities to accommodate future development at the applicable level of service standards and improvements to the specified public facilities necessary to accommodate future development; and

      (4)   a method for measuring and tracking the impacts on the specified public facilities of development approvals, including the approval of subdivisions and the issuance of building permits, and land use decisions such as comprehensive rezonings, administrative rezonings, special exceptions, and amendments to the master plan for water and sewer.

      (1)   regulate the timing and sequencing of future development by conditioning approval of the development on the program of capital improvements described in subsection (d);

      (2)   do not require future development to bear the costs of the capital improvements necessary to accommodate existing demand at the applicable level of service standards; and

      (3)   require future development to bear the costs of the capital improvements attributable to the impact of the future development.

(1985 Code, Art. 24, §§ 1-103, 1-104) (Bill No. 62-04; Bill No. 64-09; Bill No. 82-17)

 

 

      (1)   The MXD-R Residential District shall be renamed the MXD-N Neighborhood Mixed Use District;

      (2)   The MXD-C Commercial District shall be renamed the MXD-G General Mixed Use District;

      (3)   The MXD-E Employment District shall be renamed the MXD-S Suburban Center Mixed Use District; and

      (4)   The MXD-T Transit District shall be renamed the MXD-U Urban Mixed Use District.

(Bill No. 4-05; Bill No. 20-16; Bill No. 84-23; Bill No. 3-24; Bill No. 75-24)

      (1)   By a comprehensive zoning ordinance enacted by the County Council and certified by the Administrative Officer to the County Council;

      (2)   By rezoning as authorized by § 18-16-303 and, upon final decision, certified by the Planning and Zoning Officer;

      (3)   By zoning district line corrections as authorized by § 18-2-107 and certified by the Administrative Officer to the County Council or the Planning and Zoning Officer.

      (1)   the limits of any municipal corporation;

      (2)   the center lines of roads and streets;

      (3)   the boundary lines of a railroad right-of-way;

      (4)   except for platted floodplains, the center line of nontidal waters, or the landward edge of tidal waters, established from mean high-water; or

      (5)   platted lot lines or other property lines.

(Bill No. 4-05; Bill No. 75-10; Bill No. 22-23; Bill No. 69-23)

      (1)   to follow the boundaries established in § 18-2-106(e)(1) through (4);

      (2)   to follow the boundaries established in § 18-2-106(e)(5), if there is a clear indication that the zoning district line was intended to match the property boundary, when:

         (i)   more accurate or updated parcel information becomes available due to approved development activity, a recorded plat, an updated sealed property survey, or other improved information; or

         (ii)   minor drafting or other technical errors or omissions identified within the GIS mapping system are corrected for a parcel and the correction results in a zoning district line falling inside or outside of the parcel boundary; or

      (3)   when written text or a map exhibit adopted by a comprehensive zoning ordinance or other property rezoning clearly indicates a discrepancy between a zoning district line as shown on the digital zoning layer and the adopted text or map exhibit.

(Bill No. 4-05; Bill No. 75-10; Bill No. 22-23; Bill No. 69-23)

      (1)   A change of zoning proposed by amendment to a comprehensive zoning ordinance may not be considered at a legislative session of the County Council until:

         (i)   at least ten days before the legislative session:

            1.   one or more signs that comply with subsection (b) are posted on the subject property; and

            2.   notice of the proposed change of zoning is posted to the County Council website; and

         (ii)   a property owner, or their authorized agent, provides proof by clear evidence to the Administrative Officer to the County Council that the sign requirements of this subsection were met.

      (2)   This subsection does not apply to:

         (i)   a change of zoning by amendment to a comprehensive zoning ordinance that was requested by application to or proposed by the Office of Planning and Zoning prior to the introduction of the comprehensive zoning ordinance;

         (ii)   an amendment to a comprehensive zoning ordinance that deletes a proposed change of zoning and retains the current digital zoning layer; or

         (iii)   an emergency ordinance.

      (1)   Signs shall contain information about the proposed change of zoning for the subject property and the date, time, and location of the hearing on the comprehensive zoning ordinance.

      (2)   (i)   The Office of Planning and Zoning shall furnish signs to the property owner or their authorized agent.

         (ii)   The property owner or their authorized agent is responsible for posting and maintaining signs.

      (3)   Signs shall be located not more than 10 feet from each boundary of the subject property that abuts a public road or navigable water, except that, if required by flora covering the property or topographic conditions of the land, a sign may be posted farther than 10 feet from the boundary to enhance its visibility. If the property does not abut a public road, one or more signs shall be posted in locations that can be readily seen by the public. The bottom of each sign shall be erected at least three feet above the ground.

(Bill No. 69-23; Bill No. 26-24)

   The Office of Planning and Zoning shall review all applications for alcoholic beverage licenses other than one-day alcoholic beverage licenses and submit findings and recommendations to the Board of License Commissioners. The findings shall take into account conformance to this article; the type of vehicular access; the capacity of and possible disruption to the means of access; existing traffic patterns for surrounding uses; the impact on residential areas; the existing and allowed land uses on the lot or adjacent lots; and the magnitude of the activity as a principal or accessory use.

(Bill No. 4-05; Bill No. 75-10)

   To encourage preservation of historic and archaeological resources on a lot containing historic or archaeological resources, the Office of Planning and Zoning may allow density of development for that lot in accordance with the gross area. In return, the developer shall enter into an easement and agreement in a form acceptable to the County that provides for the preservation of the historic or archaeological resources on the site.

(Bill No. 60-10)

   Except as otherwise provided by this article, all subdivision and development shall comply with all applicable federal, State, and County law and regulations and applicable environmental site design techniques.

(Bill No. 93-12)

   (a)   Consistency with law. A structure or lot may not be used, designed, constructed, or altered in any manner inconsistent with this Code.

   (b)   Prohibited use. A use not specifically allowed in this article is prohibited.

(Bill No. 4-05)

(Bill No. 4-05; Bill No. 78-05; Bill No. 69-07; Bill No. 65-17; Bill No. 76-19; Bill No. 62-23; Bill No. 74-24)

   (a)   Except where specific temporary uses are provided for in this Code, and except as provided in subsection (b), upon a determination that a temporary use of land will not adversely affect nearby properties and will not require significant or permanent changes to existing topography, vegetation, or other natural features, the Planning and Zoning Officer may authorize the use in any zoning district for a period not exceeding 60 days. The Planning and Zoning Officer may grant up to two extensions of the temporary use for periods not exceeding 60 days each. The land shall be entirely cleared of the temporary use within five days after the expiration of the period.

      (1)   the Planning and Zoning Officer determines that the event will not adversely affect nearby properties and will not require significant or permanent changes to existing topography, vegetation, or other natural features;

      (2)   no more than eight events on the same property within a 12-month period are authorized;

      (3)   authorization is given for each individual event to be held on a property;

      (4)   an event will not exceed one day;

      (5)   any outdoor assembly areas are located and designed to shield surrounding residential properties from the effects of noise, hazards, or other offensive conditions;

      (6)   the maximum capacity for an event will not exceed 25 attendees per acre;

      (7)   the owner has owned the property for the immediately preceding two years and has been engaged in active farming for the immediately preceding two years;

      (8)   for property in the critical area, provisions of this Code relating to lot coverage and limits on clearing are applicable, and include access, parking regardless of surface, temporary structures, temporary tents, and temporary pavement surfaces; and

      (9)   for property in the critical area, no new lot coverage, including for access or parking, is added in the buffer to accommodate the event.

(Bill No. 4-05; Bill No. 69-20; Bill No. 57-24)

      (1)   Access ramps to accommodate a person under disability, driveways, paved or gravel at-grade surfaces, fences, noise barriers or noise walls, signs, walkways eight inches or less above grade, and walls may be located in the front yard.

      (2)   When a new principal structure is constructed in an RA or RLD district, an existing barn may be retained in the front yard.

      (3)   (i)   An accessory structure may be located in the front yard of a through lot or corner through lot provided that the accessory structure is located in the front yard that does not provide access to the lot.

         (ii)   If both front lot lines provide access to the lot, the prevailing front yard pattern on adjoining lots shall be used to determine the front yard in which the accessory structures may be located.

      (4)   An accessory structure may not be located in the front yard of a nonwaterfront lot.

      (1)   a fence may be located on a lot without a principal structure;

      (2)   a private residential pier to serve a lot with a principal structure may be located on land owned by a homeowner's association that abuts the mean high-water line if an agreement is recorded among the land records that allows location and use of the pier on the land owned by the homeowner's association; and

      (3)   an accessory structure may be located on an unimproved lot abutting a lot improved by a principal structure, provided the lots are under common identical ownership and the accessory structure serves the lot with the principal structure for the exclusive use of the owner or the principal structure on the abutting lot. The Office of Planning and Zoning may require that a structure built pursuant to this subsection be removed as a condition of issuance of a building permit in the event a principal structure is to be constructed on the same lot as the accessory structure.

(Bill No. 4-05; Bill No. 78-05; Bill No. 69-07; Bill No. 64-17; Bill No. 4-18; Bill No. 88-23)

      (1)   Barbed-wire or electrified fences are allowed in RA, RLD, R1, and R2 districts if used in connection with farming.

      (2)   Barbed-wire, razor wire, or other such security wire is allowed between two chain link fences or along the top of a chain link or other non-barbed-wire fence, provided all fences are at least six feet in height, to prevent access to a recreational vehicle or watercraft storage facility owned by a community association, provided the storage facility, including the fence, is:

         (i)   located on property that is owned by the community association and is shown as community recreation area or open space on the subdivision plat;

         (ii)   operated by the community association for use by, and limited to, the subdivision residents; and

   Outside storage shall be screened in accordance with the Landscape Manual.

(Bill No. 78-05)

      (1)   the food service facility has utilized outdoor seating pursuant to Executive Order No. 22, dated May 29, 2020, issued by County Executive Pittman, as renewed by Executive Order No. 46, dated April 27, 2021, issued by County Executive Pittman, continuously since a date between March 13, 2020, and May 21, 2021;

      (2)   the food service facility has continuously complied with all requirements of Executive Order No. 22, dated May 29, 2020, issued by County Executive Pittman, as renewed by Executive Order No. 46, dated April 27, 2021, issued by County Executive Pittman, and Bill No. 55-21, as amended by Bill No. 83-21, Bill No. 1-23, and Bill No. 85-23; and

      (3)   (i)   within 90 days of June 23, 2024, the food service facility shall file an application on a form provided by the Planning and Zoning Officer to continue to utilize outdoor seating for food and beverage service; and

         (ii)   the Planning and Zoning Officer issues a written determination, within their sole discretion, that the applicant has established that it has met the requirements of paragraphs (1), (2), and (3) and may continue to utilize outdoor seating for food and beverage service so long as it continues to comply with all requirements of Executive Order No. 22, dated May 29, 2020, issued by County Executive Pittman, as renewed by Executive Order No. 46, dated April 27, 2021, issued by County Executive Pittman, and Bill No. 55-21, as amended by Bill No. 83-21, Bill No. 1-23, and Bill No. 85-23.

(Bill No. 16-24)

   (a)   Lot in more than one district. A lot located in more than one zoning district shall comply with the setback requirements applicable to the district in which the majority of the property is located.

   (b)   Certain architectural features. An architectural feature that does not contain floor area, such as an areaway, bay window, greenhouse window, chimney, cornice, eave, sill, steps required for access, or stoop that does not exceed five feet by five feet, may extend no more than three feet into a required setback and be located no closer than five feet from any lot line. For purposes of this subsection, "areaway" means an uncovered subsurface space adjacent to a structure, such as an entrance to a basement.

   (c)   Open fire escapes. An open fire escape may extend no more than five feet into a required setback and be no closer than five feet from any lot line.

   (d)   Decks. An open deck attached to a dwelling unit may project no more than 10 feet into a rear setback so long as the deck is located at least three feet from the lot line.

   (e)   Certain uses or structures. The following uses or structures need not comply with setback requirements contained in this article and are not included in determining requirements relating to maximum coverage by structures: access ramps to accommodate a person under disability, driveways, paved or gravel at-grade surfaces, fences, noise barriers or noise walls, signs, walkways eight inches or less above grade, and walls.

   (a)   Generally. Height limitations specified in this article do not apply to steeples on a religious facility, flagpoles, or public utility essential services.

   (b)   Roof features. Height limitations specified in this article do not apply to the following when they are created only to the height necessary to accomplish the intended purpose, are no more than 15 feet above the lowest point of contact with the roof, and the total area is not more than 15% of the cross sectional area of the section of the roof on which located:

      (1)   belfries;

      (2)   chimneys, ventilators, sky lights, water tanks, cooling towers, air conditioning units, bulkheads, or similar roof features, including the necessary associated mechanical equipment carried above roof level; or

      (3)   cupolas or domes consisting only of non-habitable space.

   (c)   Parapet walls. A parapet wall may extend no more than five feet above the height limitations specified in this article.

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

      (1)   the original structure has been in the same location for at least twenty years; and

      (2)   a building permit is obtained within eighteen months after the removal or destruction of the original structure.

(Bill No. 3-17)

   On a corner lot other than one that is corner waterfront, the owner may designate which of the two roads is the front road so long as the designation is consistent with setback requirements for an existing structure that is to remain.

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

   The front yard of a waterfront lot is the yard that faces the shoreline. If more than one yard faces the shoreline, the rear yard is the one that provides access to a road and the front yard is determined accordingly.

(Bill No. 4-05; Bill No. 78-05; Bill No. 69-07)

   The Office of Planning and Zoning designates the location of a principal structure on a waterfront lot based on:

      (1)   an approximate average of the location of principal structures on abutting lots intended to keep structures relatively in line with one another;

      (2)   the height, location, necessity, and purpose of the proposed structure;

      (3)   existing and allowed land uses on the lot and adjacent waterfront properties;

      (4)   topographic and other physical features of the lot and adjacent waterfront properties, including shoreline irregularities and restrictions based on the required placement of utilities;

      (5)   the impact of the structure on the use and enjoyment of adjacent waterfront properties and their light, air, and view; and

      (6)   protection of environmental features and maximization of ESD design criteria.

(Bill No. 4-05; Bill No. 93-12)

   An accessory structure on a waterfront lot may be located in the front yard. The Office of Planning and Zoning designates the location of an accessory structure or use in the front yard on a waterfront lot based on:

      (1)   the height, location, necessity, and purpose of the proposed structure;

      (2)   existing and allowed land uses on the lot and adjacent waterfront properties;

      (3)   topographic and other physical and environmental features of the lot and adjacent waterfront properties including shoreline irregularities and restrictions based on the required placement of utilities;

      (4)   the impact of the structure or use on the use and enjoyment of adjacent waterfront properties and their light, air, and view;

      (5)   if the accessory structure is to provide access to the waterfront, the minimum disturbance necessary to provide access in accordance with ESD design criteria; and

      (6)   compliance with the requirements of COMAR, Title 27 for access to residential piers.

(Bill No. 4-05; Bill No. 78-05; Bill No. 69-07; Bill No. 93-12)

   (a)   Location. The Office of Planning and Zoning designates the location of a pier or mooring piling based on its impact on the use and enjoyment of adjacent waterfront lots.

   (b)   Setbacks. A pier or mooring piling shall be located at least 15 feet from a lot line extended for a private pier or at least 25 feet from a lot line extended for all other piers. The Office of Planning and Zoning determines the method of the lot line extension in accordance with one or more of the following methods:

      (1)   from the side lot line at a 90-degree angle to the shoreline;

      (2)   from the extension of the last course of the lot line into the water;

      (3)   from the side lot lines to the center of cove; or

      (4)   from the side lot lines generally parallel with existing piers located on adjacent lots.

   (c)   Length. A pier or mooring piling may not extend into the water any further than the lesser of the following:

      (1)   one-half the distance from the mean high-water line to the center line of the body of water on which it is situated;

      (2)   one-half the distance from the mean high-water line to the center point of a cove; or

      (3)   300 feet from the waterfront at mean high tide.

   (d)   Joint use of private pier. By agreement recorded among the land records, two contiguous waterfront property owners may agree to share the use of a private pier located on one of their waterfront lots or located as extending from the common lot line or from a line extending from the common lot line over land owned by a homeowner's association.

   (e)   Restrictions on mooring or docking. No person may use a private pier or mooring piling for the mooring or docking of watercraft other than the owner or occupant of the lot from which the pier extends, the owners or occupants with a right to use the pier by virtue of an agreement allowed by this article and recorded among the land records, or guests who are visiting those owners or occupants for no more than 30 days in a six-month period. No more than four watercraft exceeding 16 feet in length may be moored or docked at a private pier or mooring piling. Watercraft exceeding 150 feet in length or 35 feet in width may not be moored or docked at a private pier or mooring piling for more than seven days in any 30-day period unless the pier or mooring piling is on the Patapsco River or the Chesapeake Bay.

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