[Bill No. 103-1988]

[Bill No. 73-2000]

[Bill No. 74-2000]

[Bill No. 76-2004]

It is found:

A.

That development in the rural areas of Baltimore County has in recent years been taking place at an increasing rate;

B.

That this development has occurred without the framework of a land use plan or other planning components;

C.

That due to this and other factors, this development has formed very undesirable land use patterns;

D.

That in general, these patterns are, or can be described as, urban sprawl;

E.

That a significant amount of urban sprawl development is occurring as linear development along the various highways of the rural areas of the county as tracts of land immediately fronting along highways are "lotted off"; the utility of the road system is being impaired and future improvements will be frustrated if this process continues;

F.

That it has been established that this development carries with it an extremely high cost to the county in a number of respects including:

1.

The cost of servicing this pattern of development;

2.

The cost with respect to its consumption and use of prime agricultural land, critical watershed areas, mineral extractive sites, as well as of other important natural resource areas;

3.

The cost of future development opportunities due to the fact that viable, rational alternatives will be lost totally or compromised significantly by the present form of development;

G.

That the aspect of the comprehensive plan that is applicable and which is being considered for rural Baltimore County embodies solutions to the various problems;

H.

That the effective implementation of this plan requires additional zoning classifications; and

I.

That effective implementation of the resource conservation area requirements in the Chesapeake Bay Critical Area criteria requires additional resource conservation zoning classifications to accommodate strictly controlled growth while conserving habitat and water quality within the Critical Area.

[Bill No. 32-1988]

Pursuant to the above findings, it is the purpose of the Resource Conservation Zones to:

A.

Discourage present land use patterns of development and to create a framework for planned or orderly development;

B.

Provide sufficient and adequate areas for rural-suburban and related development in selected and suitable areas;

C.

Protect both natural and man-made resources from compromising effects of specific forms and densities of development;

D.

Protect areas desirable for more intensive future development by regulating undesirable forms of development within these areas until such time as intensive development commences.

E.

Help achieve the goals of the Chesapeake Bay Critical Area Protection Law ^[2] by enacting land use policies to control development within the Critical Area by conserving the land and water resource base for agriculture, forestry and other natural resource uses; minimizing adverse effects on water quality; and conserving fish, wildlife and plant habitat.

[Bill No. 32-1988]

[Bill No. 32-1988]

A.

Filing of rezoning petitions.

1.

No petition to reclassify an R.C. Zone or portion thereof as other than an R.C. Zone may be accepted for filing by the Zoning Commissioner unless:

a.

The capital program, duly adopted Baltimore County Master or Comprehensive Plans, and the "county plan" required under Subtitle 5 of Title 9 in the Environment Article of the Annotated Code of Maryland 1987, as amended, show that the property under petition is to be serviced by public sewerage and water supply systems within two years after the date the petition is submitted; and

b.

Required recommendations.

(1)

No zoning reclassification may be granted for property zoned R.C.20 or R.C.50 by the Board of Appeals of Baltimore County unless the Board has received, in addition to any other recommendations from county agencies required by law or regulations, a recommendation on such requested reclassification from the Director of the Department of Environmental Protection and Sustainability.

[Bill No. 122-2010]

(2)

The recommendations shall be provided to the Board of Appeals within 30 days after the Department is notified by certified mail, return receipt requested, by the petitioner of the filing of the petition for reclassification, unless the Department by written request to the Board of Appeals, with good cause shown, moves that additional time not to exceed an additional 30 days is required to prepare and file said recommendations with the Board of Appeals.

B.

The meeting of criteria established in this article for the filing of zoning reclassification petitions shall not in itself be sufficient grounds to reclassify property.

Development plans and final subdivision plats shall be required in the manner prescribed under Section 1B01.3, and, for the purpose of this section, all references to D.R. Zones shall include the R.C. Zones.

Whenever a single tract is divided by a zone boundary so that portions of such a tract lie within R.C. Zones of different classifications, the total number of dwellings or density units permitted shall apply to each tract individually and, for the purpose of these regulations, shall be considered as separate parcels.

A.

Legislative statement of findings.

1.

Declaration of findings. It is found:

a.

That Baltimore County is fortunate in that it is endowed with a variety of very productive agricultural soil types which should not be lost unnecessarily to urbanized development;

b.

That the agricultural industry is an integral part of the Baltimore economy and that a continued conversion of agricultural land will continue to undermine this basic industry;

c.

That scattered development is occurring in a sporadic fashion in areas of Baltimore County containing productive agricultural land;

d.

That continued urban intrusion into productive agricultural areas not only destroys the specific area upon which the development occurs but is incompatible with the agricultural use of the surrounding area;

e.

That heretofore Baltimore County has been unable to effectively stem the tide of new residential subdivisions in productive agricultural areas of Baltimore County;

f.

That Baltimore County has certain wetlands along Chesapeake Bay and its tributaries which serve as breeding grounds and nursery areas for the bay's biotic life; and

g.

That Baltimore County possesses numerous areas which are highly suitable for urban development, including residential subdivisions which are not located in areas of productive agricultural land.

B.

Purposes. The R.C.2 zoning classification is established pursuant to the legislative findings above in order to foster conditions favorable to a continued agricultural use of the productive agricultural areas of Baltimore County by preventing incompatible forms and degrees of urban uses.

A.

Preferred use permitted as of right. Agricultural operations, when conducted in accordance with good and reasonable husbandry practices, shall be afforded preferential treatment over and above all other permitted uses in R.C.2 Zones.

B.

Uses permitted as of right. ^[3] The following uses only are permitted as of right in all R.C.2 Zones:

[Bill No. 178-1979]

1.

Dwellings, one-family detached.

[Bill No. 178-1979]

2.

Farms and limited acreage wholesale flower farms (Section 404).

[Bill Nos. 178- 1979; 51-1993]

3.

Open space, common.

[Bill No. 178-1979]

4.

Streets and ways.

[Bill Nos. 63-1980; 47-1982; 47-1985; 52-2020^[4]]

5.

Telephone, telegraph, electrical-power or other lines or cables, provided that any such line or cable is underground; underground gas, water or sewer mains or storm drains; or other underground conduits, except interstate or international pipelines.

[Bill No. 178-1979]

6.

Trailers or mobile homes, provided that any trailer or mobile home allowed under this provision must be used or stored in accordance with the provisions of Subsection B, C, E or F of Section 415.1 and Section 415.2.A.1 or 415.3.C.1, as applicable.

[Bill No. 178-1979]

7.

Antennas used by CATV systems operated by companies franchised under Article 25 of the Baltimore County Code, if situated on property owned by the county, state or federal government or by a governmental agency.

[Bill Nos. 220-1981; 137-2004]

8.

Accessory uses or structures, including, but not limited to, the following:

a.

Excavations, uncontrolled.

[Bill No. 178-1979]

b.

Farmer's roadside stand and produce stand, subject to the provisions of Section 404.4.

[Bill Nos. 178-1979; 41-1992]

c.

Home occupations (see Section 101).

[Bill Nos. 124-1978; 178-1979]

d.

Offices or studios of physicians, dentists, lawyers, architects, engineers, artists, musicians or other professional persons, provided that any such office or studio is established within the same building as that serving as the professional person's primary residence at the time of application; does not occupy more than 25 percent of the total floor area of that residence; and does not involve the employment of more than one nonresident employee.

[Bill Nos. 78-1979; 105-1982; 65-1999]

e.

Parking space, including residential-garage space and space for recreational vehicle (Section 415A).

[Bill No. 178-1979]

f.

Piers, wharves, docks and bulkheads, subject to the provisions of Section 417.

[Bill No. 178-1979]

g.

Radio operator antennas, subject to Section 426A.

[Bill Nos. 178-1979; 30- 1998]

h.

Swimming pools, tennis courts, garages, utility sheds, satellite receiving dishes (subject to Section 429) or other accessory structures or uses (subject to the height and area provisions for buildings as set forth in Section 400).

[Bill No. 178-1979; Bill No. 71-1987]

i.

Tenant houses, including mobile homes used as tenant houses.

[Bill Nos. 178-1979; 27-2015]

j.

Rubble landfills, provided that the actual fill area does not exceed three percent of the total contiguous acreage of the property in the same ownership and subject to the provisions of Section 412.7 only.

[Bill No. 97-1987]

k.

Signs, subject to Section 450.

[Bill No. 89-1997]

9.

Commercial film production, subject to Section 435.

[Bill No. 57-1990]

10.

Transit facilities.

[Bill No. 91-1990]

11.

Equestrian centers, provided that any such equestrian center has access to two roads, one of which is a road having, within two miles from the equestrian center, an interchange with an interstate expressway; contains no permanent grandstand; and contains no lights other than those consistent with farm use. Temporary structures, such as removable tents, viewing stands and seating, are permitted, provided that they are removed within a reasonable time following the event or events which they serve.

[Bill No. 24-2002]

12.

Farmstead creamery, subject to the provisions of Section 404.13.

[Bill No. 34-2009]

13.

Domestic animal sanctuary, if located on or within property that is greater than 7.5 acres in size.

[Bill No. 20-2010]

14.

Catering halls converted from existing dwellings on which agriculture education activities also occur, provided the property is at least 20 acres and no more than 50 acres in size with at least 300 feet of frontage on or abutting a state highway and located within the Hanover Pike Corridor Study Area, and subject to Section 402.3 of these regulations.

[Bill No. 20-23]

15.

Notwithstanding any other provisions of these regulations to the contrary, a property located outside the urban-rural demarcation line that is less than two acres in size and is zoned a combination of R.C.2 and B.L.-C.R. May be used for a water treatment and plumbing services shop. The permitted use may include assembly, warehousing, and storage of necessary materials, equipment, and supplies, administrative offices, and retail sale of items sold in the normal course of business. Accessory outdoor storage of materials and inventory, storage and parking of business equipment and vehicles utilized for off-site activities for the business, and parking of automobiles and other vehicles associated with the business is allowed provided these areas are screened and lighted according to an approved landscape and lighting plan. Any buildings constructed on the R.C.2 zoned portion of the property may not exceed a footprint of 6,000 square feet with a maximum building height of 25 feet and shall maintain a minimum 15 foot front, side, or rear setback from a property line or street right-of-way line.

[Bill No. 99-23]

C.

Uses permitted by special exception. ^[5] The following uses, only, may be permitted by special exception in any R.C.2 Zone, provided that in each case the hearing authority empowered to hear the petition finds that the use would not be detrimental to the primary agricultural uses in its vicinity; and, in the case of any use permitted under Item 30, further provided that the hearing authority finds that the use would support the primary agricultural use in its vicinity and would not itself be situated on land more appropriately used for primary agricultural uses:

[Bill No. 178-1979; 6-2019]

1.

Airports.

[Bill No. 178-1979]

2.

Animal boarding places (regardless of class), commercial kennels, private kennels, veterinarians' offices or veterinariums (see Section 421).

[Bill Nos. 178-1979; 87-2001]

3.

Antique shops (see Section 402B).

[Bill No. 178-1979]

4.

Bakery, provided that the bakery is located on an existing farm and in an existing structure as of the effective date of this Act, and goods baked on the premises must be sold only at retail on the premises.

[Bill No. 6-2019^[6]]

5.

Camps, including day camps.

[Bill No. 178-1979]

6.

Community care centers provided that no residential community care center, i.e., a center which serves as the residence of the persons for whom care is provided, shall provide care for more than 15 persons per site, and no day community care center shall provide care for more than 15 persons per acre nor more than 75 persons per site; however, if the site is in excess of two net acres and is located outside the urban rural demarcation line, the hearing authority shall determine the maximum number of persons permitted in a day community care center based on the total acreage of the site and the testimony and evidence presented.

[Bill Nos. 178-1979; 157-1986; 19-2014]

7.

Churches or other buildings for religious worship.

[Bill No. 178-1979]

8.

Community building owned by a nonprofit civic or improvement association and used by its members and guests for recreational, social, educational, or cultural activities.

[Bill No. 26-2015 ^[7]]

9.

Excavations, controlled.

[Bill No. 178-1979]

10.

Farm market, subject to the provisions of Section 404.4.

[Bill Nos. 178-1979; 41-1992]

11.

Fishing and shellfishing facilities, Class I and II.

[Bill No. 178-1979]

12.

Golf courses or country clubs.

[Bill No. 178-1979]

13.

Home occupations of disabled persons, where the use is established in a structure originally constructed as a dwelling or as accessory to a dwelling or where the use is established in a structure that is situated on the same lot as a dwelling and which the Zoning Commissioner finds to be compatible with its surrounding neighborhood, provided that:

a.

Only three persons, including the disabled person and the members of his immediate family who are residents of the dwelling, are employed in the use on the premises; and

b.

In any case the use is conducted by a disabled person whose domicile is the dwelling to which the use is accessory and whom the hearing authority finds is so severely disabled as to be unable to engage in his occupation away from the premises of his home.

Any provision of Section 502.2 to the contrary notwithstanding, any special exception granted pursuant to this item shall expire upon the first to occur of the following:

(1)

Five years after the issuance of the permit;

(2)

The death of a disabled person;

(3)

The termination of the disability; or

(4)

The failure of the disabled person to permanently reside at the premises.

A new special exception for the use may be granted when the previous special exception expires but only upon the completion of the entire application and hearing process in the same manner as if it were the initial application for this special exception. It is the purpose of this provision to prevent the use of residential property for business purposes by an occupant other than a disabled person and to ensure that any occupation permitted pursuant to this item will be conducted in a manner appropriate to its surroundings.

[Bill No. 27-1981]

14.

Horticultural nurseries, subject to the provisions of Sections 404.1 and 404.2.

[Bill No. 41-1992]

15.

Hunting or fishing preserves.

[Bill No. 178-1979]

16.

Landscape service operations, subject to the provisions of Sections 404.1 and 404.3.

[Bill No. 41-1992]

17.

Offices for agriculture-related uses.

[Bill Nos. 178-1979; 37-1988]

18.

Offices or studios of physicians, dentists, lawyers, architects, engineers, artists, musicians or other professional persons as an accessory use, provided that any such office or studio is established within the same building as that serving as the professional person's primary residence at the time of application; does not occupy more than 25 percent of the total floor area of that residence; and does not involve the employment of more than one nonresident professional associate nor two other nonresident employees.

[Bill Nos. 105-1982; 65-1999]

19.

Public utility uses not permitted as of right.

[Bill No. 178-1979]

20.

Rail passenger station, subject to Section 434.

[Bill No. 91-1990 ^[8]]

21.

Residential art salons (see Section 402C).

[Bill No. 178-1979]

22.

Standard restaurants or tearooms converted from dwellings (Section 402.2).

[Bill Nos. 178-1979; 110-1993]

23.

Riding stables.

[Bill No. 178-1979]

24.

Sanitary landfills, or rubble landfills in which the actual fill area exceeds three percent of the total contiguous acreage of the property in the same ownership. However, the fill area of a rubble landfill may not exceed seven percent of the total contiguous acreage, nor may the fill area exceed a depth of 20 feet unless the Zoning Commissioner specifically finds that the landfill should be exempt from the depth limitation (see Section 412).

[Bill Nos. 178-1979; 97-1987]

25.

Schools, including schools for agricultural training, private preparatory schools, business or trade schools, conservatories, colleges, community colleges, universities, or institutes for continuing education. Classrooms, lecture halls, laboratories, athletic facilities, and offices are permitted as part of the special exception use as determined by the school.

[Bill Nos. 178-1979; 64-23]

26.

Shooting ranges, including archery, pistol, skeet, trap or small-bore rifle ranges, or turkey shoots.

[Bill No. 178-1979]

27.

Sludge disposal facility — landspreading (Section 412A.2.E).

[Bill No. 46-1982]

28.

Mobile homes, as provided in Section 415.1.D.

[Bill Nos. 178-1979; 27-2015]

29.

Volunteer fire company or ambulance-rescue facilities.

[Bill No. 178-1979]

30.

Wireless telecommunications towers, subject to Section 426.

[Bill No. 30-1998]

31.

The following "agricultural-support" uses as principal commercial uses:

[Bill Nos. 178-1979; 51-1993]

a.

Farm-machinery sales, storage or service; blacksmithing.

[Bill No. 178-1979]

b.

Feed or grain mills or driers.

[Bill No. 178-1979]

c.

Fertilizer sales or storage.

[Bill No. 178-1979]

d.

Sawmills.

[Bill No. 178-1979]

e.

Slaughterhouses or manufacture, processing or packing of fruit, vegetables, animal or meat products, or by-products.

[Bill No. 178-1979]

f.

Spirits manufacture, including the manufacture of alcohol to be used in gasoline/alcohol mixtures, but excluding the production of these mixtures.

[Bill Nos. 178-1979; 51-1993]

g.

Firewood operations.

[Bill No. 151-1992]

h.

Winery, including accessory retail and wholesale distribution of wine produced on-premises. Temporary promotional events, such as wine tastings or public gatherings associated with the winery, are permitted, within any limits set by the special exception.

[Bill No. 51-1993]

i.

Bottled water plant, if the source of the water is located on the same site as the plant, and provided that the Director of Environmental Protection and Sustainability makes a recommendation that the proposed facility will not adversely affect the quality or capacity of surface water or groundwater.

[Bill Nos. 51-1993; 122-2010]

j.

Brewery, Class 7 or Class 8, including accessory retail and wholesale distribution of beer produced on the premises. Temporary promotional events, such as beer tasting or public gatherings associated with the brewery, are permitted subject to approval by the Administrative Law Judge or Board of Appeals on appeal.

[Bill No. 64-2015]

A.

Height regulation. No structure hereafter erected in an R.C.2 Zone shall exceed a height of 35 feet, except as otherwise provided under Section 300.

B.

Area regulations.

[Bill No. 178-1979]

1.

Subdivision lot density. No lot of record lying within an R.C.2 Zone and having a gross area of less than two acres may be subdivided. No such lot having a gross area between two and 100 acres may be subdivided into more than two lots (total), and such a lot having a gross area of more than 100 acres may be subdivided only at the rate of one lot for each 50 acres of gross area. In cases where land in single ownership is crossed by existing or proposed roads, rights-of-way or easements, the portions of land on either side of the road, right-of-way or easement shall not be considered separate parcels for the purpose of calculating the number of lots of record.

[Bill Nos. 199-1990; 125-2005]

2.

Lot size. A lot having an area less than one acre may not be created in an R.C.2 Zone.

3.

Setback requirements. No principal structure or dwelling (whether or not it is a principal structure) in an R.C.2 Zone may be situated within 75 feet of the center line of any street or within 35 feet of any lot line other than a street line.

4.

Principal dwellings per lot. No more than one principal dwelling is permitted on any lot in an R.C.2 Zone.

[Bill Nos. 178-1979; 137-2004]

The use or development of land in an agricultural district established in accordance with Title 2, Subtitle 5 of the Agriculture Article of the Annotated Code of Maryland shall be governed by agricultural land preservation provisions enacted by the County Council pursuant to § 2-513 of the Agriculture Article in the case of any conflict between those provisions and these regulations.

[Bill No. 34-2009; 62-2017^[9]]

Any dwelling, business or use in or near an R.C.2 Zone may be subject to inconveniences or discomforts arising from agricultural operations, including but not limited to noise, odors, fumes, dust, the operations of machinery of any kind during any 24-hour period (including aircraft), the storage and disposal of manure and the application, by spraying or otherwise, of chemical fertilizers, soil amendments, herbicides and pesticides. The County shall not consider an agricultural operation to be a public or private nuisance if the operation complies with these regulations and all federal, state or County health or environmental requirements; except that during the period between 10:00 p.m. and sunrise as defined by the National Weather Service for sunrise on the particular day in the Baltimore area, an agricultural operation may not fire or otherwise discharge an air cannon or similar device that releases a loud shotgun-like blast within 500 feet of an adjacent residential dwelling.

[Bill Nos. 178-1979; 54-2004 ^[10]]

A.

The R.C.3 zoning classification and its regulations are established as a rural development zone to foster conditions favorable to agricultural and residential use of the land while still maintaining the rural character of the area.

B.

Location. The R.C.3 classification may be applied only to land that lies beyond the urban-rural demarcation line, as established in the 1975 Master Sewer and Water Plan, as amended from time to time.

A.

Uses permitted as of right. The following uses, only, are permitted as of right in R.C.3 Zones:

1.

Churches or other buildings for religious worship.

2.

Dwellings, one-family detached.

3.

Farms or limited-acreage wholesale flower farms.

[Bill No. 51-1993] ^[11]

4.

Open space, common.

5.

Schools, including but not limited to private preparatory schools, colleges, conservatories or other fine art schools.

[Bill Nos. 63-1980; 47-1982; 47-1985]

6.

Streets or ways.

7.

Telephone, telegraph, electrical-power or other similar lines or cables, all underground; underground gas, water or sewer mains or storm drains; other underground conduits, except underground intercontinental or interstate pipelines:

8.

Trailers or mobile homes, provided that any trailer or mobile home allowed under this provision must be used or stored in accordance with the provisions of Subsection B, C, E or F of Section 415.1 and Section 415.2.A.1 or 415.3.C.1, as applicable.

[Bill No. 27-2015]

9.

Antennas used by CATV systems operated by companies franchised under Article 25 of the Baltimore County Code, if situated on property owned by the county, state or federal government or by a governmental agency.

[Bill Nos. 220-1981; 137-2004]

10.

Commercial film production, subject to Section 435.

[Bill No. 57-1990]

11.

Transit facilities.

[Bill No. 91-1990]

12.

Accessory uses or structures, including, but not limited to the following:

a.

Excavations, uncontrolled.

b.

Farmer's roadside stand, subject to the provisions of Section 404.4.

[Bill No. 41-1992]

c.

Home occupations.

d.

Offices or studios of physicians, dentists, lawyers, architects, engineers, artists, musicians or other professional persons, provided that any such office or studio is established within the same building as that serving as the professional person's primary residence at the time of application; does not occupy more than 25 percent of the total floor area of that residence; and does not involve the employment of more than one nonresident employee.

[Bill Nos. 105-1982; 65-1999]

e.

Parking spaces, including recreational vehicles, subject to the provision of Section 415A.

f.

Piers, wharves, docks and bulkheads, subject to the provisions of Section 417.

g.

Swimming pools, tennis courts, garages, utility sheds, satellite receiving dishes (subject to Section 429) or other accessory structures or uses (subject to the height and area provisions for buildings as set forth in Section 400).

[Bill No. 71-1987]

h.

Signs, subject to Section 450.

[Bill No. 89-1997]

13.

Farmstead creamery, subject to the provisions of Section 404.13.

[Bill No. 34-2009]

B.

Uses permitted by special exception. The following uses, only, are permitted by special exception in R.C.3 Zones:

1.

Airports.

2.

Animal boarding places (regardless of class), commercial kennels, private kennels, veterinarians offices or veterinariums, subject to the provisions of Section 421.

[Bill No. 87-2001]

3.

(Reserved) ^[12]

4.

Camps, including day camps.

5.

Cemeteries.

6.

Community buildings, swimming pools or other uses of a civic, social, recreational or educational nature, including tennis facilities, provided that no tennis facility shall comprise more than four courts (Section 406A).

[Bill No. 62-1978]

7.

Community care centers, provided that no residential community care center (i.e., a center which serves as the residence of the persons for whom care is provided) shall provide care for more than 15 persons per site, and no day community care center shall provide care for more than 15 persons per acre nor more than 75 persons per site.

[Bill Nos. 142-1979; 157-1986]

8.

Excavations, controlled, subject to the provisions of Section 403.

9.

Farm market, subject to the provisions of Section 404.4.

[Bill No. 41-1992]

10.

Fishing and shellfishing facilities, shoreline, Class I or II.

[Bill No. 30-1978]

11.

Fish hatcheries.

12.

Golf courses, country clubs or other similar outdoor recreation clubs.

13.

Golf driving ranges, miniature-golf courses or baseball batting ranges.

14.

Helistops.

15.

Home occupations of disabled persons, where the use is established in a structure originally constructed as a dwelling or as accessory to a dwelling or where the use is established in a structure that is situated on the same lot as a dwelling and which the Zoning Commissioner finds to be compatible with its surrounding neighborhood, provided that:

a.

Only three persons, including the disabled person and the members of his immediate family who are residents of the dwelling, are employed in the use on the premises; and

b.

In any case the use is conducted by a disabled person whose domicile is the dwelling to which the use is accessory and whom the hearing authority finds is so severely disabled as to be unable to engage in his occupation away from the premises of his home.

Any provision of Section 502.2 to the contrary notwithstanding, any special exception granted pursuant to this item shall expire upon the first to occur of the following:

(1)

Five years after the issuance of the permit;

(2)

The death of a disabled person;

(3)

The termination of the disability; or

(4)

The failure of the disabled person to permanently reside at the premises.

A new special exception for the use may be granted when the previous special exception expires but only upon the completion of the entire application and hearing process in the same manner as if it were the initial application for this special exception. It is the purpose of this provision to prevent the use of residential property for business purposes by an occupant other than a disabled person and to ensure that any occupation permitted pursuant to this item will be conducted in a manner appropriate to its surroundings.

[Bill No. 27-1981]

16.

Horticultural nurseries, subject to the provisions of Sections 404.1 and 404.2.

[Bill No. 41-1992]

17.

Landscape service operations, subject to the provisions of Sections 404.1 and 404.3.

[Bill No. 41-1992] ^[13]

18.

Convalescent homes.

[Bill No. 37-1988]

19.

Offices or studios of physicians, dentists, lawyers, architects, engineers, artists, musicians or other professional persons as an accessory use, provided that any such office or studio is established within the same building as that serving as the professional person's primary residence at the time of application; does not occupy more than 25 percent of the total floor area of that residence; and does not involve the employment of more than one nonresident professional associate nor two other nonresident employees.

[Bill Nos. 105-1982; 65-1999] ^[14]

20.

Public utility uses not permitted as of right, including underground intercontinental and interstate pipelines.

21.

Railroads or other transportation lines or ways.

22.

Rail passenger station, subject to Section 434.

[Bill No. 91-1990] ^[15]

23.

Standard restaurants or tearooms converted from dwellings or other buildings as provided in Section 402.2.

[Bill No. 110-1993]

24.

Riding stables (commercial or noncommercial). ^[16]

25.

Schools not permitted as of right.

26.

Shooting ranges, including, but not limited to, archery, pistol, skeet, trap, target (small-bore rifle only) except that any such use existing at the time of date of enactment of this subsection may continue at the same level, provided that, within 365 days of the enactment date of this legislation, they shall file for a use permit as prescribed under the now existing zoning regulation Section 500.4, and turkey shoots.

27.

Shooting preserves, including hunting and fishing preserves.

28.

Sludge disposal facility — landspreading (Section 412A.2.E).

[Bill No. 46-1982]

29.

Trailers or mobile homes, subject to the provisions of Section 415.1.D.

[Bill No. 27-2015]

30.

Volunteer fire company or ambulance-rescue facilities.

31.

Radio or television transmitting facilities.

32.

Planned unit developments, subject to the provisions of Section 430.3.

33.

Wireless telecommunications towers, subject to Section 426.

[Bill No. 30-1998]

C.

In addition to any other use permitted by this section, alternative uses and development proposals are permitted on certain development tracts containing R.C. 3 Zoning located adjacent to the MD 43 Overlay District in accordance with Section 259.11.A.4.

[Bill No. 53-2020]

A.

Height regulation. No structure hereafter erected in an R.C.3 Zone shall exceed a height of 35 feet, except as otherwise provided under Section 300.

B.

Area regulations.

1.

Cluster development. Residential development shall be permitted in the R.C.3 Zone classification on lots not less than one acre in area and clustered in such a manner to allow for future urban density development, except as provided in Section 103 or Paragraph 6 below.

2.

Density control. The maximum gross density of a record lot of the effective date of this paragraph is 0.3 dwellings per acre.

3.

Minimum diametral dimension. The minimum diametral dimension of any lot hereafter created in an R.C.3 Zone shall be 150 feet, except as provided in Section 103 or Paragraph 6 below.

4.

Building setbacks. Any principal building hereafter constructed in an R.C.3 Zone shall be situated at least 75 feet from the center line of any street and not less than 50 feet from the future right-of-way line, 25 feet from both side lot lines and 50 feet from any rear lot line.

5.

Density application. In keeping with the purpose of this classification, the density as designated shall apply to any development approved under this subsection. The residual land shall not be further developed until public utilities are extended and higher densities are applied.

6.

Exceptions for certain record lots. Any existing lot or parcel of land with boundaries duly recorded among the land records of Baltimore County with the approval of the Baltimore County Department of Planning ^[17] on or before the effective date of these regulations and not part of an approved subdivision that cannot meet the minimum standards as provided within the zone may be approved for residential development in accordance with the standards prescribed and in force at the time of the lot recordation.

[Bill No. 55-2011]

7.

Dwellings per lot. No more than one dwelling is permitted on any lot in an R.C.3 Zone, but not excluding additional dwellings for bona fide tenant farmers.

[Bill Nos. 178-1979; 137-2004]

The use or development of land in an agricultural district established in accordance with Title 2, Subtitle 5, of the Agriculture Article of the Annotated Code of Maryland shall be governed by agricultural land preservation provisions enacted by the County Council pursuant to § 2-513 of the Agriculture Article in the case of any conflict between those provisions and these regulations.

[Bill No. 54-2004]

A.

These standards apply to all residential development in the R.C.3 Zone.

B.

Dwellings should reflect the traditional rural character of the area in architectural form, scale, materials and detailing and in landscaping context.

C.

Dwellings should be compatible in height, mass and form with existing dwellings in the adjoining area.

D.

Dwellings shall be located on the least visually prominent portion of the site from the public road, consistent with effective resource protection, except where appropriate to continue an established pattern of development along the edge of the road.

E.

Interior roads having dwellings only on one side, and leaving open or wooded views from the front and rear of each dwelling, are preferred.

F.

Dwellings shall be front-oriented to public rights-of-way; reverse-fronted lots generally are not permitted.

G.

Dwellings shall use the same quality of finish materials and architectural details on all front, side and rear elevations.

H.

Fencing of residential properties shall be in keeping with rural character fences shall be either split rail or board on post, and the type of fence must be consistent throughout the development.

I.

If buildings are located in open fields because of site constraints, additional landscaping or berms may be required to soften views.

[Bill No. 178-1979]

The County Council finds that major, high-quality sources of water supply for the entire Baltimore Metropolitan Area and for other neighboring jurisdictions lie within Baltimore County and that continuing development in the critical watersheds of those water supply sources is causing increased pollution and sedimentation in the impoundments, resulting in increasing water treatment costs and decreasing water storage capacity. The R.C.4 zoning classification and its regulations are established to provide for the protection of the water supplies of metropolitan Baltimore and neighboring jurisdictions by preventing contamination through unsuitable types or levels of development in their watersheds.

[Bill No. 178-1979]

No petition for reclassification of property in an R.C.4 Zone may be granted unless a registered professional engineer, architect, landscape architect or land surveyor first certifies that:

A.

The parcel of land under petition lies at least 200 feet from the property line of any public water reservoir;

B.

The parcel lies at least 300 feet from any first or second order or greater stream that flows directly into a public water reservoir;

C.

That the parcel lies at least 300 feet from any third order or greater stream that flows directly or indirectly into a public water reservoir;

D.

No more than 30 percent of the parcel has a slope of more than 20 percent;

E.

The parcel does not lie within a 100-year floodplain; and

F.

As shown by an environmental impact statement, the manner in which proposed reclassification will affect water quality in the watershed or any public water reservoir.

For the purpose of this section, streams are classified by order as shown on the map of stream orders adopted by the Planning Board on March 25, 1976.

A.

Uses permitted as of right. The following uses, only, are permitted as of right in R.C.4 Zones:

1.

Dwellings, one-family detached.

2.

Farms and limited-acreage wholesale flower farms (Section 404).

[Bill No. 51-1993]

3.

Open space, common.

4.

Telephone, telegraph, electrical-power or other similar lines or cables, all underground; underground gas, water or sewer mains or storm drains; other underground conduits, except underground interstate and intercontinental pipelines.

[Bill Nos. 63-1980; 47-1982; Bill No. 47-1985; Bill No. 52-2020^[18]]

5.

Trailers or mobile homes, provided that any trailer or mobile home allowed under this provision must be used or stored in accordance with the provisions of Subsection B, C, E or F of Section 415.1 and Section 415.2.A.1, as applicable.

[Bill No. 27-2015]

6.

Antennas used by CATV systems operated by companies franchised under Article 25 of the Baltimore County Code, if situated on property owned by the county, state or federal government or by a governmental agency.

[Bill Nos. 220-1981; 137-2004]

7.

Transit facilities.

[Bill No. 91-1990]

8.

Accessory uses or structures, including, but not limited to the following:

a.

Excavations, uncontrolled.

b.

Farmer's roadside stand and produce stand, subject to the provisions of Section 404.4.

[Bill No. 41-1992]

c.

Home occupations.

d.

Offices or studios of physicians, dentists, lawyers, architects, engineers, artists, musicians or other professional persons, provided that any such office or studio is established within the same building as that serving as the professional person's primary residence at the time of application; does not occupy more than 25 percent of the total floor area of that residence; and does not involve the employment of more than one nonresident employee.

[Bill Nos. 105-1982; 65-1999]

e.

Parking spaces, including recreational vehicles, subject to the provisions of Section 415A.

f.

Swimming pools, tennis courts, garages, utility sheds, satellite receiving dishes (subject to Section 429) or other accessory structures or uses (subject to the height and area provisions for buildings as set forth in Section 400).

[Bill No. 71-1987]

g.

Signs, subject to Section 450.

[Bill No. 89-1997]

9.

Commercial film production, subject to Section 435.

[Bill No. 57-1990]

10.

Farmstead creamery, subject to the provisions of Section 404.13.

[Bill No. 34-2009]

11.

Long-term care and nursing home facility, provided the use existed as of January 1, 2024 and is served by public utilities.

Existing buildings and modifications thereto that do not materially change the footprint of any building will not be subject to the height and area regulations, performance standards, or additional standards applicable to this section.

[Bill No. 51-24]

B.

Uses permitted by special exception. The following uses, only, are permitted by special exception in R.C.4 Zones:

1.

Antique shops, subject to the provisions of Section 402B.

2.

Camps, including day camps.

3.

Community buildings, swimming pools or other uses of a civic, social, recreational or educational nature, including picnic grounds and tennis facilities, provided that no tennis facility shall comprise more than four courts (Section 406A).

[Bill No. 62-1978]

4.

Churches and other buildings for religious worship.

[Bill No. 45-1982]

5.

Dwellings or other buildings converted to tearooms or restaurants, as provided in Section 402.2.

6.

Excavations, controlled, subject to the provisions of Section 403, except removal of topsoil from the site is expressly prohibited.

7.

Fish hatcheries.

8.

Golf courses, country clubs or other outdoor recreation clubs, and game preserves.

9.

Home occupations of disabled persons, where the use is established in a structure originally constructed as a dwelling or as accessory to a dwelling or where the use is established in a structure that is situated on the same lot as a dwelling and which the Zoning Commissioner finds to be compatible with its surrounding neighborhood, provided that:

a.

Only three persons, including the disabled person and the members of his immediate family who are residents of the dwelling, are employed in the use on the premises; and

b.

In any case the use is conducted by a disabled person whose domicile is the dwelling to which the use is accessory and whom the hearing authority finds is so severely disabled as to be unable to engage in his occupation away from the premises of his home.

Any provision of Section 502.2 to the contrary notwithstanding, any special exception granted pursuant to this item shall expire upon the first to occur of the following:

(1)

Five years after the issuance of the permit;

(2)

The death of a disabled person;

(3)

The termination of the disability; or

(4)

The failure of the disabled person to permanently reside at the premises.

A new special exception for the use may be granted when the previous special exception expires but only upon the completion of the entire application and hearing process in the same manner as if it were the initial application for this special exception. It is the purpose of this provision to prevent the use of residential property for business purposes by an occupant other than a disabled person and to ensure that any occupation permitted pursuant to this item will be conducted in a manner appropriate to its surroundings.

[Bill No. 27-1981]

10.

Horticultural nurseries, subject to the provisions of Sections 404.1 and 404.2.

[Bill No. 41-1992]

11.

Landscape service operations, subject to provisions of Sections 404.1 and 404.3.

[Bill No. 41-1992]

12.

Offices or studios of physicians, dentists, lawyers, architects, engineers, artists, musicians or other professional persons as an accessory use, provided that any such office or studio is established within the same building as that serving as the professional person's primary residence at the time of application; does not occupy more than 25 percent of the total floor area of that residence; and does not involve the employment of more than one nonresident professional associate nor two other nonresident employees.

[Bill Nos. 105-1982; 65-1999]

13.

Public utility uses not permitted as of right, including underground interstate and intercontinental pipelines.

14.

Rail passenger station, subject to Section 434.

[Bill No. 91-1990]

15.

Riding stables.

16.

Shooting preserves, including hunting and fishing preserves.

17.

Shooting ranges, including, but not limited to, archery, pistol, skeet, trap, target (small-bore rifle only) except that any such use existing at the time of date of enactment of this subsection may continue at the same level, provided that, within 365 days of the enactment date of this legislation, they shall file for a use permit as prescribed under the now existing zoning regulation Section 500.4, and turkey shoots.

18.

Trailers or mobile homes, subject to the provisions of Section 415.1.D.

[Bill No. 27-2015]

19.

Volunteer fire company or ambulance-rescue facilities.

20.

Wireless telecommunications towers, subject to Section 426.

[Bill No. 30-1998]

21.

Farm market, subject to the provisions of Section 404.4.

[Bill No. 41-1992]

22.

Winery as an agricultural support use, including accessory retail and wholesale distribution of wine produced on-premises. Temporary promotional events, such as wine tasting or public gatherings associated with the winery, are permitted, within any limits set by the special exception.

[Bill No. 51-1993]

23.

Brewery, Class 7 or Class 8, including accessory retail and wholesale distribution of beer produced on the premises. Temporary promotional events, such as beer tasting or public gatherings associated with the brewery, are permitted subject to approval by the Administrative Law Judge or Board of Appeals on appeal.

[Bill No. 64-2015]

A.

Height. No structure hereafter erected in an R.C.4 Zone shall exceed a height of 35 feet, except as otherwise provided under Section 300.

B.

Area regulations.

[Bill Nos. 178-1979; 113-1992]

1.

Lot density.

a.

A tract to be developed in an R.C.4 Zone with a gross area of less than six acres may not be subdivided, and a tract to be developed with a gross area of at least six acres but not more than ten acres may not be subdivided into more than two lots (total), each of which must be at least three acres, except as otherwise provided in Section 103.3 or in Paragraph 4 below.

b.

The maximum gross density of a tract to be developed with a gross area of more than ten acres is 0.2 lot per acre. Any lots created hereafter, except as provided in Paragraph 4 below, shall be in accordance with the following standards for rural cluster development:

(1)

A minimum of 70 percent of the gross area of the tract to be developed shall be designated as the conservancy area. Only one of the permitted dwelling units, including any existing dwellings, may be located in the conservancy area. The conservancy area is subject to the standards contained in Section 1A03.5.

(2)

All of the remaining permitted density shall be located in the building area on lots with a minimum lot size of one acre.

(3)

Subject to the conditions of the performance standards of Section 1A03.5.G, any building or structure officially included on the preliminary or final list of the Landmarks Preservation Commission or the National Register of Historic Areas, and included in the conservancy area, need not be included in the calculation of the total permitted density, subject to the following requirements:

(a)

There is an area of sufficient size surrounding the building, structure or landmark to preserve the integrity of its historic setting;

(b)

An overall photographic and written description of the building, structure or landmark identified for preservation has been submitted; and

(c)

Documentation of the preservation, restoration and protection for the building, structure or landmark has been submitted and approved by the Director of Planning prior to issuance of any building permit for the development.

2.

Building setbacks. Except for agricultural buildings, any nonresidential principal building hereafter constructed in an R.C.4 Zone shall be situated at least 100 feet from the center line of any street and at least 50 feet from any lot line other than a street line, except as otherwise provided in Paragraph 4, below. Any residential principal building shall be set back according to the following minimum setback requirements:

a.

Twenty-five feet from any building face to a public street right-of-way or property line.

b.

Thirty-five feet from a front building face to the edge of paving of a private road.

c.

Setbacks for buildings located adjacent to arterial roadways shall be increased by 20 feet.

d.

One hundred feet between a building face and an adjacent R.C.2 Zone line.

e.

One hundred feet between a building face and a reservoir property line.

f.

Fifty feet between a building face and an adjacent conservancy area which will be used for agricultural purposes.

3.

Coverage. Except for a rural cluster development, which is subject to the performance standards contained in Section 1A03.5, no more than ten percent of any lot in an R.C.4 Zone may be covered by impermeable surfaces (such as structures or pavement). No more than 25 percent of the natural vegetation may be removed from any lot in an R.C.4 Zone.

4.

Exceptions for certain record lots. Any existing lot or parcel of land with boundaries duly recorded among the land records of Baltimore County with the approval of the Baltimore County Department of Planning ^[19] on or before December 22, 1975, and not part of an approved subdivision that cannot meet the minimum standards as provided within the zone, may be approved for residential development in accordance with the standards prescribed and in force at the time of the lot recordation.

[Bill No. 55-2011]

5.

Dwelling units per lot. No more than one dwelling unit shall be located on any lot in an R.C.4 Zone, except that tenant dwellings may be approved if the Land Preservation Advisory Board certifies that:

a.

Any such proposed dwelling is required for the operation of the farm for the use of bona fide tenant farmers; and

b.

That any such dwelling, in the location proposed, will not interfere with the operation of the farm.

C.

A tract with a gross area more than 125 acres subject to a pre-existing special exception for a golf course and country club in an R.C.4 Zone may be subdivided to allow no more than two lots, each of which must be at least one acre, in addition to a lot for the golf course and country club, provided any part of it is located within 8,000 feet of the Jacksonville Rural Commercial Center and environs as designated in the Jacksonville Community Plan. Any lots created hereafter are not subject to the performance standards contained in Section 1A03.5.

[Bill No. 62-2021]

[Bill Nos. 113-1992; 107-1994]

In an R.C.4 Zone, only a rural cluster development, or a development authorized under Section 1A03.6, is permitted on a tract to be developed with a gross area of more than ten acres. A minimum of 70 percent of the tract acreage shall be designated a conservancy area. The balance of the tract is the building area.

A.

Conservancy area standards.

1.

It is the intention of these regulations that the acreage of the conservancy area, whenever possible, be contiguous and that it include the following features of the tract to be developed as determined by the standards contained in the Comprehensive Manual of Development Policies:

a.

Prime and productive soils.

b.

Steep slopes, as defined in Article 32 of the Baltimore County Code.

[Bill No. 137-2004]

c.

Wetlands.

d.

Stream buffers, as defined in Article 33 of the Baltimore County Code.

[Bill No. 137-2004]

e.

Forests, as defined in Article 33 of the Baltimore County Code.

[Bill No. 137-2004]

f.

Open space.

g.

Significant views and other natural or historic features to be protected.

2.

The conservancy area may not include within it any area with a diameter of less than 100 feet unless the Director of Planning and the Director of Environmental Protection and Sustainability determine that such an area will best protect the natural resources of the tract to be developed as a rural cluster development.

[Bill No. 122-2010]

3.

The conservancy area may include buildings existing at the time of the approval of the rural cluster development.

4.

The Director of Planning and the Director of Environmental Protection and Sustainability shall determine whether the conservancy area meets the requirements of this paragraph and the standards of the Comprehensive Manual of Development Policies.

[Bill No. 122-2010]

B.

Each lot in a rural cluster development shall contain its own private sewage system and water system, and each such system shall be located within the lot. If the Director of Environmental Protection and Sustainability finds that a lot cannot support a proposed dwelling unit without endangering the potable water supply, endangering the metropolitan district reservoirs or creating a health or environmental nuisance for neighboring properties, a dwelling unit is not permitted on such lot.

[Bill No. 122-2010]

C.

Ownership of conservancy area.

1.

Subject to approval by Baltimore County as to legal form and sufficiency, the conservancy area shall be held in unified ownership and control, which may take the form of a homeowners' association, condominium association, public or private organization, land trust, corporation or individual. The owner shall assume all responsibility for the maintenance and continued protection of the conservancy area, including any recreational amenities.

2.

The conservancy area shall be held in single ownership unless a dwelling lot, as permitted by Section 1A03.4B.1.b.(1), is located in the conservancy area.

D.

Easement for conservancy area. Prior to final approval of any record plat, or in the case of a tract less than 20 acres in size which is to be subdivided into three or fewer lots, prior to final approval of a plan, a permanent preservation easement on the conservancy area shall be recorded among the land records of Baltimore County to run with the land and continue in perpetuity.

1.

The easement shall be granted to the county or such other agency or entity which the county approves, and shall permanently restrict further subdivision of the conservancy area.

2.

The easement shall allow for the continued agricultural, forest or similar open space use as provided in Section 1A03.5.G.

3.

If any portion of a conservancy area is also required to be recorded as a forest buffer easement, pursuant to § 33-3-110 of the Baltimore County Code, the terms of § 33-3-110 shall prevail.

[Bill No. 137-2004]

4.

The conservancy area agreement shall be in a form approved by the County Attorney who shall consult with the Director of Environmental Protection and Sustainability.

[Bill No. 122-2010]

E.

In the case of a tract more than 20 acres in size which is to be subdivided into three or fewer lots, a conservancy area shall be shown on the minor subdivision plan and recorded in the land records of Baltimore County. A permanent preservation easement as described in Section 1A03.5D shall be granted if further subdivision subjects the tract to the development plan review process of Article 32 of the Baltimore County Code.

[Bill No. 137-2004]

F.

The maximum area for clearing and grading for each residential lot is 20,000 square feet. This area shall be shown on the plan at the time of permit application.

G.

The conservancy area shall remain undisturbed, except as utilized for:

1.

Agricultural uses, including a farm, farmette or limited acreage flower farm.

2.

Forestry.

3.

Open space, which may include hiking or equestrian trails or passive recreational areas which do not require paving.

4.

Isolated open space pockets in the building area that are either surrounded by housing units or run along rights-of-way as approved by the Director of Planning and the Director of Environmental Protection and Resource Management (such areas shall be managed by a homeowners' association or similar entity as open space and are not to be included in the conservancy area easement delineation).

5.

A single-family dwelling, as permitted by Section 1A03.4.B.1.b.(1).

H.

Except as needed as access to existing buildings or to the lot permitted under Section 1A03.4.B.1.b.(1), roads are not permitted in a conservancy area, unless the provision thereof will result in better protection of natural resources. The Director of Planning, Director of Public Works and Transportation and Director of Environmental Protection and Sustainability shall make this determination.

[Bill Nos. 122-2010; 33-2021]

I.

Stormwater management facilities and storm drains are not permitted in the conservancy area except in cases where their provision will result in improved water quality or reduced impact on water quantity and will not result in the loss of prime and productive soils, as approved by the Director of Planning and the Director of Environmental Protection and Sustainability.

[Bill No. 122-2010]

[Bill No. 107-1994]

A.

In an R.C.4 Zone, a tract with a gross area of more than ten acres may be developed at the developer's option at a maximum gross density of 0.1 lot per acre. The minimum lot size is one acre.

B.

The lots which are created for the tract shall each be subject to a permanent preservation easement to be prepared and recorded in accordance with the requirements of Section 1A03.5.D.

C.

Only one principal dwelling is permitted on any lot in an R.C.4 Zone, except that a tenant dwelling may be approved for the tract in accordance with Section 1A03.4.B.5.

D.

No structure or dwelling shall be situated within 75 feet of the center line of any street or within 50 feet of any lot line other than a street line.

E.

The development plan for a tract to be developed under this section shall delineate a diagrammatic conservancy area which is equal to a minimum of 70 percent of the gross tract acreage as determined by Section 1A03.5.A.1. The conservancy area shall remain undisturbed except as utilized as provided in Section 1A03.5.G.1, 2 or 3.

F.

A development plan shall be submitted to the Baltimore County Planning Board for its review and recommendations if the site:

1.

Contains areas of significant contiguous agricultural resources as determined by the amount, location and suitability of the soils which are used for or have the potential for agricultural activity as defined in § 33-6-101 of the Baltimore County Code and is located within the master plan designated "agricultural protection area";

[Bill No. 137-2004]

2.

Contains forest resources which include or are adjacent to critical habitat areas as defined in § 33-6-101 of the Baltimore County Code; or

[Bill No. 137-2004]

3.

Contains or is contiguous to historic landmarks or districts recognized or listed by the Baltimore County Landmarks Preservation Commission, National Register or Maryland Historical Trust.

G.

In making its recommendations, the Planning Board shall consider whether the optional development authorized by this section will be detrimental to the use of the land for continued commercial farming operations or to the long-term protection of the forest resources on the land.

H.

The provisions of Section 1A03.5.E apply to development of a tract under this section.

[Bill Nos. 113-1992; ^[20] 107-1994]

Under provisions adopted pursuant to the authority of the Comprehensive Manual of Development Policies, development in R.C.4 Zones may be made subject to additional standards of lot area, yard space, open space, building distribution or other aspects or characteristics of site planning or project design. Such standards shall be based upon specified existing, prospective or stipulated conditions or circumstances of development, and shall be designed to further the specific purposes of this article and the purposes of these zoning regulations in general.

[Bill Nos. 113-1992; 107-1994; 62-2017^[21]]

Any dwelling, business or use in or near an R.C. 2 Zone may be subject to inconveniences or discomforts arising from agricultural operations, including but not limited to noise, odors, fumes, dust, the operations of machinery of any kind during any 24-hour period (including aircraft), the storage and disposal of manure and the application, by spraying or otherwise, of chemical fertilizers, soil amendments, herbicides and pesticides. The County shall not consider an agricultural operation to be a public or private nuisance if the operation complies with these regulations and all federal, state or County health or environmental requirements; except that during the period between 10:00 p.m. and sunrise as defined by the National Weather Service for sunrise on the particular day in the Baltimore area, an agricultural operation may not fire or otherwise discharge an air cannon or similar device that releases a loud shotgun-like blast within 500 feet of an adjacent residential dwelling.

A.

Legislative statement of findings.

1.

Declaration of findings. It is found that:

a.

The rural-residential development that has occurred in Baltimore County heretofore has been of a scattered and generally disorderly nature;

b.

This form of development constitutes a wasteful use of land and is fiscally expensive to serve with respect to the provision of basic services;

c.

In some cases lot sizes are inadequate to assure long-term adequacy of on-lot sewer and water systems;

d.

That unless measures are implemented to assure more rational growth patterns, including adequate lot size, undue financial hardships will be placed on Baltimore County and the life, safety and general welfare of the citizens of the county will be adversely affected;

e.

That specific areas which are highly suitable for rural-residential development do exist; and

f.

That these areas are adequate to accommodate anticipated future growth in the rural area and that future growth should be directed to these areas.

B.

Purpose. The R.C.5 zoning classification is established, pursuant to the legislative findings above, in order to:

1.

Provide for rural-residential development in suitable areas in which basic services are not anticipated.

2.

Eliminate scattered and generally disorderly patterns of future rural-residential development.

3.

Assure that encroachments onto productive or critical natural resource areas will be minimized.

4.

Provide a minimum lot size which is sufficient to provide adequate area for the proper functioning of on-lot sewer and water systems.

A.

Uses permitted as of right. The following uses, only, are permitted as of right in R.C.5 Zones:

1.

Churches or other buildings for religious worship including church schools.

2.

Dwellings, one-family detached.

3.

Farms and limited-acreage wholesale flower farms.

[Bill No. 51-1993] ^[22]

4.

(Reserved) ^[23]

5.

Open space, common.

6.

Schools, including but not limited to private preparatory schools, colleges, conservatories or other fine arts schools.

[Bill Nos. 63-1980; 47-1982; 47-1985]

7.

Streets or ways.

8.

Telephone, telegraph, electrical-power or other similar lines or cables, all underground; underground gas, water or sewer mains or storm drains; other underground conduits, except underground interstate and intercontinental pipelines.

9.

Trailers or mobile homes, provided that any trailer or mobile home allowed under this provision must be used or stored in accordance with the provisions of Subsection B, C, E or F of Section 415.1 and Section 415.2.A.1, as applicable.

[Bill No. 27-2015]

10.

Antennas used by CATV systems operated by companies franchised under Article 25 of the Baltimore County Code, if situated on property owned by the county, state or federal government or by a governmental agency.

[Bill Nos. 220-1981; 137-2004]

11.

Accessory uses or structures, including, but not limited to, the following:

a.

Excavations, uncontrolled.

b.

Farmer's roadside stand and produce stand, subject to the provisions of Section 404.4.

[Bill No. 41-1992]

c.

Home occupations. ^[24]

d.

Parking spaces, including recreational vehicles, subject to the provisions of Section 415A.

e.

Piers, wharves, docks and bulkheads, subject to the provisions of Section 417.

f.

Swimming pools, tennis courts, garages, utility sheds, satellite receiving dishes (subject to Section 429) or other accessory structures or uses (subject to the height and area provisions for buildings as set forth in Section 400).

[Bill No. 71-1987]

g.

Signs, subject to Section 450.

[Bill No. 89-1997]

12.

Riding stable (commercial or noncommercial), if located more than 200 feet from a residential property line, and in existence for at least 15 years prior to the effective date of this Act. ^[25]

[Bill No. 76-2016]

13.

Commercial film production, subject to Section 435.

[Bill No. 57-1990]

14.

Transit facilities.

[Bill No. 91-1990]

15.

Data centers or energy storage devices, subject to Section 440.

[Bill No. 54-24] ^[26]

B.

Uses permitted by special exception. The following uses, only, are permitted by special exception in R.C.5 Zones:

1.

Antique shops, subject to the provisions of Section 402B. ^[27]

2.

Camps, including day camps.

3.

Cemeteries.

4.

Community buildings, swimming pools or other uses of a civic, social, recreational or educational nature, including tennis facilities, provided that no tennis facility shall comprise more than four courts (Section 406A).

[Bill No. 62-1978]

5.

Community care centers, provided that no residential community care center (i.e., a center which serves as the residence of the persons for whom care is provided) shall provide care for more than 15 persons per site, and no day community care center shall provide care for more than 15 persons per acre nor more than 75 persons per site.

[Bill Nos. 142-1979; 157-1986]

6.

Excavations, controlled.

7.

Fishing and shellfishing facilities, shoreline, Class I or II.

[Bill No. 30-1978]

8.

Golf courses, country clubs or other similar outdoor recreation clubs.

9.

Home occupations of disabled persons, where the use is established in a structure originally constructed as a dwelling or as accessory to a dwelling or where the use is established in a structure that is situated on the same lot as a dwelling and which the Zoning Commissioner finds to be compatible with its surrounding neighborhood, provided that:

a.

Five years after the issuance of the permit;

b.

Death of the disabled person;

c.

Termination of the disability; or

d.

The failure of the disabled person to permanently reside at the premises.

A new special exception for the use may be granted when the previous special exception expires but only upon the completion of the entire application and hearing process in the same manner as if it were the initial application for this special exception. It is the purpose of this provision to prevent the use of residential property for business purposes by an occupant other than a disabled person and to ensure that any occupation permitted pursuant to this item will be conducted in a manner appropriate to its surroundings

[Bill No. 27-1981]

10.

Horticultural nurseries, subject to the provisions of Sections 404.1 and 404.2.

[Bill No. 41-1992] ^[28]

11.

Offices or studios of physicians, dentists, lawyers, architects, engineers, artists, musicians or other professional persons as an accessory use, provided that any such office or studio is established within the same building as that serving as the professional person's primary residence at the time of application; does not occupy more than 25 percent of the total floor area of that residence; and does not involve the employment of more than one nonresident professional associate nor two other nonresident employees.

[Bill Nos. 105-1982; 65-1999]

12.

Public utility uses not permitted as of right, including underground interstate and intercontinental pipelines.

13.

Rail passenger station, subject to Section 434.

[Bill No. 91-1990] ^[29]

14.

Railroads or other transportation lines or ways.

15.

Residential art salons, subject to the provisions of Section 402C.

16.

Standard restaurants or tearooms, converted from dwellings or other buildings as provided in Section 402.3.

[Bill No. 110-1993]

17.

Riding stables (commercial or noncommercial), if located within 200 feet of a residential property line. ^[30]

[Bill No. 76-2016]

18.

Schools, not permitted as of right.

19.

Trailers or mobile homes, subject to the provisions of Section 415.1.D.

[Bill No. 27-2015]

20.

Volunteer fire company or ambulance-rescue facilities.

21.

Wireless telecommunications towers, subject to Section 426.

[Bill No. 30-1998]

22.

Practice, training, or physical-conditioning facilities and field for amateur or professional sports organizations, including offices that are necessary for the administration of the organization, subject to the following conditions:

[Bill No. 76-2002]

a.

Accommodations for public spectators may not be provided at the facility and field;

b.

Only one sports organization may use the facility and field at one time;

c.

The facility and field may not include lighting that would produce substantial off-site illumination;

d.

The sports organization may not sell admission to the sports events at the facility and field; and

e.

The facility and field shall be located:

(1)

Within proximity to adequate road access; and

(2)

On publicly owned land.

23.

Winery, including accessory retail and wholesale distribution of wine produced on-premises. Temporary promotional events, such as wine tastings or public gatherings associated with the winery, are permitted, within any limits set by the special exception. The property shall have a minimum of 50 acres, and the property owner shall file a nutrient management plan with the petition for special exception.

[Bill No. 20-2007]

24.

Brewery, Class 7 or Class 8, including accessory retail and wholesale distribution of beer produced on the premises. Temporary promotional events, such as beer tasting or public gatherings associated with the brewery, are permitted subject to approval by the Administrative Law Judge or Board of Appeals on appeal.

[Bill No. 64-2015]

A.

Height regulation. No structure hereafter erected in an R.C.5 Zone shall exceed a height of 35 feet, except as provided under Section 300.

B.

Area regulations.

1.

Lot area; density control.

[Bill Nos. 178-1979; 55-2004 ^[31]]

a.

A lot having an area of less than one and one-half acres may not be created in an R.C.5 Zone. The maximum gross residential density is 0.5 dwelling per acre.

[Bill No. 128-2005 ^[32]]

b.

Exceptions to minimum lot size.

[Bill No. 152-2004]

(1)

The owner of a single lot of record that is not a subdivision and that is in existence prior to September 2, 2003, but does not meet the minimum acreage requirement, or does not meet the setback requirement of Paragraph 2, may apply for a special hearing under Article 5 to alter the minimum lot size requirement. However, the provisions of Section 1A04.4 may not be varied.

(2)

The Department of Planning may authorize a smaller lot size per residential unit, but in no event less than one acre per unit, for a tract of property for which growth allocation acreage has been awarded prior to June 11, 2004, pursuant to Article 32, Title 9 of the Baltimore County Code, if at least 50 percent of the tract is donated to and accepted by the County for public benefit.

[Bill No. 55-2011]

2.

Building setbacks.

[Bill No. 55-2004]

a.

As used in this section, "collector road" means a street or road that is intended for travel, including commuter travel, between residential neighborhoods, but not for travel within neighborhoods, and is not designated as a principal arterial.

[Bill No. 77-2005 ^[33]]

b.

Any principal building hereafter constructed in an R.C.5 Zone shall be situated at least 150 feet from the center line of any collector road, or any scenic route identified in the Baltimore County Master Plan, and 100 feet from the center line of any road that leads to or connects with a collector road, and at least 75 feet from the center line of any other street or road, and at least 50 feet from any lot line other than a street line, except as otherwise provided in Paragraph 5 below.

[Bill No. 77-2005 ^[34]]

c.

Any principal building constructed in an R.C.5 Zone that is contiguous to an R.C.2 or R.C.7 Zone shall be situated at least 150 feet from the zone line.

3.

Coverage. No more than 15 percent of any lot in an R.C.5 Zone may be covered by buildings, except as otherwise provided in Paragraph 5 below.

4.

Exceptions for certain record lots. Any existing lot or parcel of land with boundaries duly recorded among the land records of Baltimore County with the approval of the Baltimore County Department of Planning ^[35] on or before the effective date of these zoning regulations and not part of an approved subdivision that cannot meet the minimum standards as provided within the zone may be approved for residential development in accordance with the standards prescribed in force at the time of the lot recordation.

[Bill No. 55-2011]

5.

Dwellings per lot. No more than one dwelling is permitted on any lot in an R.C.5 Zone, but not excluding additional dwellings for bona fide tenant farmers.

[Bill No. 55-2004 ^[36]]

A.

The standards in this section apply to all residential development in the R.C.5 Zone, including single lots of record and minor subdivisions.

B.

Intent; evaluation of compliance.

1.

These standards are intended to ensure that rural residential development conforms with a quality of design that maintains and reflects the rural character of the County.

2.

The evaluation of compliance shall occur as part of the review of development proposals. In addition to all other times required by law, the Department of Planning shall review a plan and submit findings to ensure compliance, including site layout of principal buildings and proposed roads, at the time of perc test application and at the time of construction document submission.

[Bill No. 55-2011]

3.

The Department of Planning may require the submittal of sufficient information, such as a written narrative of the salient features of the site, the design concept of the site plan, a photo montage and building elevations and grading plans, from which a finding can be made on compliance of the project with the standards.

[Bill No. 55-2011]

4.

Deviation from the standards may be allowed only if clearly necessary to:

a.

Comply with another standard; or

b.

Comply with environmental regulations or otherwise protect resources.

5.

Deviation from the standards is not permitted for the purpose of allowing additional lots.

C.

Consideration of findings; deviation from standards.

[Bill Nos. 122-2010; 55-2011]

1.

The findings of the Department of Planning shall be submitted to the hearing officer or to the Director of Permits, Approvals and Inspections, as applicable.

2.

The hearing officer or the Director of Permits, Approvals and Inspections, as applicable, shall adopt the findings presented by the Department of Planning before a development plan is approved, unless the hearing officer or Director determines that the findings constitute an abuse of discretion or are unsupported by the documentation and evidence presented to the office. The Department of Planning may recommend relaxation of public works standards if necessary to enhance or maintain the rural character of the proposed development provided that public safety is not jeopardized.

D.

Site planning.

1.

A development proposal shall:

a.

Reflect the traditional rural character of the area in architectural form, scale, materials, detailing and landscaping context.

b.

Retain the existing quality vegetation of the site to the fullest extent possible and protect the root systems of the remaining vegetation during construction.

c.

Integrate, where possible, significant features of the site, such as distinctive buildings, vistas, topographic features, specimen trees, tree stands, hedgerows, monuments, landmarks and gardens, into the site design, and retain the existing character of the features and their settings.

d.

Coordinate building design, site layout, and grading so that grade transitions are gradual and respect the existing topography.

e.

Provide for smooth transitions between the proposed development and the surrounding rural area by arranging and orienting the proposed buildings and site improvements to complement those in the surrounding vicinity.

f.

Provide varietal transitions between proposed buildings and site improvements with respect to setback, street patterns, and building-to-street grade relationships.

2.

Reverse-frontage lots are permitted only if the applicant can demonstrate that adequate setbacks, topography, berming, landscaping or building design will effectively screen private yard space and decks from the public view.

3.

Fences may not be located closer than 50 feet to a public right-of-way.

4.

Panhandle lots must conform to § 32-4-409 of the Baltimore County Code and to the standards in the Comprehensive Manual of Development Policies.

5.

Streets shall incorporate curvilinear or circular features.

E.

Open space. A development proposal shall:

1.

Integrate open space areas into the proposed development by:

a.

Creating focal points along streets;

b.

Locating landscaped open green spaces that may be viewable from the development entrance or adjoining public street; and

c.

Orienting dwelling units around open areas or squares.

2.

Incorporate significant features, such as stands of trees, into open areas.

3.

In addition to plant material, use fences, walls or earth forms to provide effective and attractive screens and buffers where necessary. Buffer quantities are not limited by the Baltimore County Landscape Manual.

F.

Landscape design.

1.

A development proposal shall be landscaped to maintain and enhance a rural character, especially as visible from an arterial or connector road. This may include a provision for contiguous tree growth of the same species or trees with design characteristics and growth habits that are similar to those of the surrounding rural area.

2.

Community signage shall be designed with natural materials that reflect a rural character. The design for community signage, including the size of lettering, shall be shown on the schematic landscape plan or included in the final development plan and shall be part of the approval process before issuance of any building permits.

G.

Buildings.

1.

A development proposal shall:

a.

Allow variety in housing type or design, while maintaining continuity in scale, rhythm, proportion and detail.

b.

Orient the front of the dwelling toward the street and incorporate prominent entries and porches or stoops in front building facades.

c.

Provide for the coordinated architectural design of decks, balconies, windows, dormers, chimneys and porches as components of the building following dominant building lines, proportions, style and scale. Decks shall be screened to minimize visibility from a public street.

d.

Design accessory structures at a scale appropriate to the dwelling and design garages with the same architectural theme as the principal building on the site, providing consistency in materials, colors, roof pitch, and style.

e.

Ensure that exteriors of all buildings use the same finish materials and architectural details on all front, side and rear elevations. Use of quality material such as brick, stone or cedar is encouraged.

2.

Garages may not become the dominant street feature. Garage doors shall use items such as windows, decorative patterns, and color to relieve the visual impact of the house from the street.

[Bill No. 32-1988]

A.

Legislative findings.

1.

The Chesapeake Bay and its tributaries constitute a unique natural resource of great importance to the state and nation.

2.

Because of the cumulative effects of human activity and development in and around the Chesapeake Bay and its tributaries, the assimilative capacity of the bay has become stressed, threatening biotic productivity, natural habitat and water quality.

3.

The restoration of the Chesapeake Bay is dependent upon limiting development and restricting land uses within the Chesapeake Bay Critical Area with the goal of conserving the land and water resource base.

4.

Maintaining undeveloped or minimally developed land in its natural state is the preferred method of conserving the productivity of the land and water base of the Chesapeake Bay and its tributaries.

5.

The county is obligated to enact zoning and other regulations for implementing the "resource conservation area" requirement of the Critical Area criteria (COMAR 27.01.02.05).

[Bill No. 9-1996]

6.

Enactment of new R.C.20 and R.C.50 Zones is an appropriate part of the county's actions for fulfilling this obligation.

B.

Purpose and intent. The R.C.20 and R.C.50 Zones are established to implement the Chesapeake Bay Critical Area criteria, as promulgated and affirmed in compliance with the Critical Area Protection Law, ^[37] and the local protection program as approved by the Chesapeake Bay Critical Area Commission. Recognizing that the capacity of the Critical Area to withstand additional development and still protect water quality and natural habitat is limited, the following regulations are adopted to maintain the land and water resource base necessary to sustain the protective uses; conserve, protect and enhance the biological productivity and diversity within the Critical Area; provide breeding, feeding and wintering habitat to sustain wildlife populations; and to conserve existing developed woodlands and forests for the water quality and habitat benefits they provide.

[Bill No. 32-1988]

In the R.C.20 and R.C.50 Zones, the letter "P" in the following table indicates a land use permitted by right in the respective zone(s), and the letters "SE" indicate a use permitted by special exception pursuant to Section 502.7:

[Bill No. 32-1988]

In addition to the provisions in the Table of Land Use Regulations, land uses in R.C.20 and R.C.50 Zones are subject to the following requirements:

A.

Commercial and industrial development.

1.

Except as provided in the Table of Land Use Regulations, no new commercial or new industrial development is permitted in the R.C.20 or R.C.50 Zones.

2.

Expansion of a commercial or industrial use in an R.C.20 or R.C.50 Zone may be permitted only in accordance with Section 104.5 of these regulations and the variance provisions and procedures specified in § 32-4-231, § 33-2-205, or § 33-2-603 of the Baltimore County Code, whichever is or are applicable.

[Bill No. 137-2004]

B.

All applicable Chesapeake Bay Critical Area regulations contained in Article 33 of the Baltimore County Code.

[Bill No. 137-2004]

C.

All permitted development activity, as defined in § 32-4-101 of the Baltimore County Code, is subject to the applicable design standards, forest replacement, buffer and other requirements pertaining to limited development areas as specified in Articles 32 and 33, Article 32, Title 4, Subtitle 2 of the Baltimore County Code.

[Bill No. 137-2004]

D.

Notwithstanding any other provision of these regulations to the contrary, a tract of land located within the urban-rural demarcation line that, as of January 1, 2023, was zoned primarily R.C. 50 and previously utilized as a landfill, may be redeveloped for use by right as a plastics recycling facility in compliance with this subsection, notwithstanding any other zoning classification within the tract:

1.

A plastics recycling facility developed under this section is subject only to the following setback, height, and area requirements:

a.

Principal buildings associated with a plastics recycling facility, excluding any silos or other support structures, must be located at least 700 feet from any D.R. Zone that exists as of January 1, 2023.

b.

The maximum height of principal buildings associated with a plastics recycling facility, excluding any silos or other support structures, shall be 60 feet.

c.

The minimum number of off-street parking spaces provided shall be one space per employee on the largest shift.

d.

Signage for a plastics recycling facility developed under this section shall comply with the regulations applicable to the M.H. Zone.

2.

Landfills on tracts redeveloped under this subsection shall remain permanently closed and shall not be permitted to dispose of any new municipal solid waste on site.

3.

Development of a property under this subsection shall require a development plan, which shall be processed by way of a limited exemption under § 32-4-106(b)(8) of the Baltimore County Code.

[Bill No. 88-23]

[Bill No. 32-1988]

A.

Height limitation. The maximum permitted height for structures is 35 feet.

B.

Subdivision lot density.

1.

In the R.C.20 Zone, no lot of record having a gross area of 20 acres or less may be subdivided. A lot of record with a gross area of more than 20 acres may be subdivided only at a rate of one lot for each 20 acres of gross area. Exceptions can be made only if the subdivision is a bona fide intrafamily transfer in accordance with Section 1A05.5 of these regulations.

[Bill No. 9-1996]

2.

Within the R.C.50 Zone, no lot of record having a gross area of 20 acres or less may be subdivided. A lot of record with a gross area between 20 and 100 acres may be subdivided once, provided that the average density is not less than one unit per 20 acres. A lot of record having a gross area of more than 100 acres may be subdivided only at a rate of one lot for each 50 acres of gross area. Exceptions can be made only if the subdivision is a bona fide intrafamily transfer in accordance with Section 1A05.5 of these regulations.

[Bill No. 9-1996]

C.

Lot size. To facilitate clustering as the preferred means of subdivision, the minimum lot size shall be as required pursuant to county health and Department of Environmental Protection and Sustainability regulations.

[Bill No. 122-2010]

D.

Setback requirement. No structure or dwelling within an R.C.50 Zone shall be situated within 75 feet of the center line of any street or within 35 feet of any lot line other than a street line.

E.

Dwellings per lot. No more than one principal dwelling is permitted on any lot in an R.C.20 or an R.C.50 Zone, except that not more than one additional dwelling per lot of record is permitted for bona fide tenant farmers.

[Bill No. 9-1996]

Notwithstanding density limitations established in Section 1A05.4, a bona fide intrafamily transfer may be made, subject to the following additional requirements:

A.

A bona fide intrafamily transfer may be made, provided all of the following is satisfied:

1.

The parcel of land with boundaries as recorded in the Land Records of Baltimore County is seven acres or greater;

2.

The parcel of land was recorded in the Land Records of Baltimore County on or before March 1, 1986; and

3.

The property owner requesting the intrafamily transfer was the owner of the property on or before March 1, 1986.

B.

In the R.C.20 Zone, a bona fide intrafamily transfer may be made, provided the subdivision complies with the following density limitations:

1.

A lot having a gross area of seven acres or more but less than 12 acres may be subdivision into two lots;

2.

A lot having a gross area of 12 acres or more but less than 60 acres may be subdivided into three lots. The lots may be created at different times; or

3.

A lot having a gross area of 60 acres or more may be subdivided in accordance with Section 1A05.4.B.1.

C.

In the R.C.50 Zone, a bona fide intrafamily transfer may be made, provided the subdivision complies with the following density limitations:

1.

A lot having a gross area of seven acres or more but less than 40 acres may be subdivision into two lots;

2.

A lot having a gross area of 40 acres or more but less than 150 acres may be subdivided into three lots, and the lots may be created at different times; or

3.

A lot having a gross area of 150 acres or more may be subdivided in accordance with Section 1A05.4.B.2.

D.

Lots created as part of a bona fide intrafamily transfer shall be 60,000 square feet or less, with one lot containing the remaining acreage. Exceptions can be made in regard to these standards in cases when the Director of Environmental Protection and Sustainability or his designee finds that a greater or lesser size is preferable for at least one of the following reasons:

[Bill No. 122-2010]

1.

Sewerage and water system requirements;

2.

Unique physical characteristics of the site;

3.

Adjacent development characteristics; or

4.

Other factors which create practical difficulties in satisfying these lot size requirements.

E.

Any lot created by a bona fide intrafamily transfer shall contain a note on the subdivision plan and a restriction in the deed recorded in the Land Records of Baltimore County stating that the lot is created subject to the provisions of this section for the purpose of constructing a dwelling house for use by the grantee. Any lot created by a bona fide intrafamily transfer may not be conveyed subsequently to any person other than a member of the owner's immediate family except under procedures established pursuant to Subsection G of this section. This subsection does not prevent the conveyance of the lot to a third party as security for a mortgage or deed of trust.

F.

Building permits and use and occupancy certification shall be released only to the grantee as owner.

G.

Except by order of a court of law, the conveyance of an intrafamily transfer lot to any person other than the owner's immediate family within five years of original transfer may occur only by the approval of the Director of Environmental Protection and Sustainability or his designee upon a finding of:

[Bill No. 122-2010]

1.

A change in circumstances has occurred since the original transfer was made that is not inconsistent with this subtitle and that warrants an exception;

2.

Other circumstances are present and the property can no longer be retained by the immediate family; and

3.

Other circumstances consistent with this section and with the Critical Area criteria to maintain land areas necessary to support the protective uses of agriculture, forestry, open space and natural habitats in resource conservation areas warrant an exception.

[Bill Nos. 34-2009; 62-2017^[39]]

Any dwelling in an R.C.4 Zone may be subject to inconveniences or discomforts arising from agricultural operations, including but not limited to noise, odors, fumes, dust, the operations of machinery of any kind during any 24-hour period (including aircraft), the storage and disposal of manure and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides. The county shall not consider an agricultural operation to be a public or private nuisance if the operation complies with these regulations and all federal, state or county health or environmental requirements; except that during the period between 10:00 p.m. and sunrise as defined by the National Weather Service for sunrise on the particular day in the Baltimore area, an agricultural operation may not fire or otherwise discharge an air cannon or similar device that releases a loud shotgun-like blast within 500 feet of an adjacent residential dwelling.

A.

Legislative statement of findings.

1.

Declaration of findings. It is found that:

a.

There is a demand for commercial development in the rural areas of Baltimore County to serve the needs of rural residential and agricultural communities as well as tourists; and

b.

The existing business zoning designations (B.L., B.M., B.R.) permit uses that are not desirable in the rural parts of the county and the height, bulk, floor area and setback requirements of these zones permit an intensity of development that is not appropriate in scale or appearance with the character of a rural setting; and

c.

The rural areas lack the road, water and sewerage capacity to handle the intensity of development permitted by the existing business zones.

2.

Purposes. The R.C.C. zoning classification is established pursuant to the legislative findings stated above to:

a.

Provide small areas of commercial development for a limited range of rural, residential and tourist-related needs;

b.

Permit such facilities, but only at an intensity and scale appropriate to rural areas.

The following uses are permitted subject to the limitations set forth in Section 1A06.3:

A.

Uses permitted as of right.

1.

Agriculturally related retail, office and services uses:

Agricultural supply and feed store

Auction building

Farm market

[Bill No. 41-1992]

Garden center

Produce stand in association with a farm

[Bill No. 42-1992]

Veterinarian's office

Veterinarium

2.

Commercial and service uses:

Arts and crafts studios

Barbershops, beauty shops and other personal service establishments

Banks

Carry-out restaurants, standard restaurants and taverns (except drive-in or drivethrough facilities)

[Bill No. 110-1993]

Convenience stores

[Bill No. 86-1994]

Offices and medical offices

Retail establishments selling such items as gifts, jewelry, hardware, drugs, groceries, sporting equipment (except boats and vehicles) and antiques

Small appliance repair

Yoga and meditation studios without treadmills or other fitness equipment

[Bill No. 63-2019]

3.

Residential, lodging and institution uses:

Single-family detached dwellings

Residences above the first floor of commercial buildings

Bed-and-breakfasts, tourists homes

Educational and social service facilities

Class A and Class B child care centers

B.

Uses permitted by special exception.

Agricultural machinery and equipment repair

Landscape service operations, subject to the provisions of Sections 404.1 and 404.2

[Bill No. 41-1992]

Public utilities, public utility service centers

Volunteer fire companies.

C.

Accessory uses or structures. The following uses, only, are permitted as an accessory use:

1.

Agricultural related uses:

Farmer's roadside stand

Produce stand

Intermittent outdoor sales

Cut flowers or live plants

Fish, shellfish and meats

Fruits and vegetables

[Bill No. 42-1992]

2.

Amusement devices, subject to provisions of Section 422:

Picnic groves

Satellite receiving dish, subject to provisions of Section 429

3.

Home occupations.

4.

Parking to be located to the side and rear of the building only, but not in the required setback and must be located within the R.C.C. Zone.

5.

Signs.

6.

Outside storage of material or equipment.

All of the uses in Section 1A06.2 are subject to the following limitations:

A.

The applicant shall prove to the satisfaction of the Director of Environmental Protection and Sustainability that the land can support the proposed development without overburdening the required private sewerage disposal system, the potable water supply, endangering the metropolitan district reservoirs or creating a health or environmental nuisance for neighboring properties.

[Bill No. 122-2010]

B.

Outside storage. Outside storage of equipment and material shall be permitted only on the lot subject to the following requirements:

1.

The storage area must be located to the side or rear of the building, outside of the required setbacks.

2.

The storage area shall not cover more than ten percent of the lot, except as determined by the Zoning Commissioner in a special exception hearing.

3.

The storage area shall be screened by a fence in association with plantings.

C.

Sign and display regulations. In addition to signs permitted subject to Section 450, the display of goods, vehicles and equipment is permitted in the front yard, but no more than five feet in front of the required front building line.

[Bill No. 89-1997]

D.

Relationship to surrounding neighborhoods. New buildings or additions shall be appropriate pursuant to § 32-4-402 of the Baltimore County Code.

[Bill No. 137-2004]

E.

Production restrictions.

1.

Not more than five persons shall be engaged in the repair or fabrication of goods on the premises.

2.

Not more than five horsepower shall be employed in the operation of any one machine used in repair or fabrication, and not more than 15 horsepower in the operation of all such machines.

A.

Uses permitted in R.C.C. Zones are governed by the following bulk regulations, except that the following setback, height and floor area restrictions do not apply to existing buildings:

1.

Front yard setback. The front building line shall be not less than 15 feet from the right-of-way line of the street and not more than the average setback of the adjacent lots.

2.

Minimum side and rear yard setback: 15 feet.

3.

Maximum height of new buildings or additions: 30 feet.

4.

Floor area restrictions. The gross floor area of all buildings on the lot shall not exceed 3,000 square feet.

5.

Maximum lot size: two acres.

6.

Coverage. No more than 20 percent of any lot may be covered by impervious surface, including buildings, parking facilities and storage areas.

B.

Landscape areas. In keeping with the rural character, the front, side and rear yards shall be landscaped to adequately screen the parking area from the roadway and adjacent uses, in accordance with the landscape manual requirements for commercial zones.

[Bill No. 108-2003]

The Baltimore County Council seeks to achieve the following goals in the R.C.6 Zone, for each of the three functional parts of a tract being developed:

A.

Primary conservancy area.

1.

To preserve and protect total ecosystem function, including riparian and aquatic ecosystems;

2.

To protect forests, streams, wetlands, rock formations and floodplains;

3.

To protect the water quality of watercourses, the Chesapeake Bay and regional biodiversity;

4.

To provide for the environmentally sound use of land and forest resources, and to prevent forest fragmentation, especially in areas of extensive interior forest; and

5.

To implement federal mandates for the protection of natural resources.

B.

Secondary conservancy area.

1.

To maintain the unique character of the rural areas by preserving natural, agricultural, historic, cultural, architectural and archeological resources and scenic views; and

2.

To establish interconnected greenways for passive recreation.

C.

Development areas.

1.

To foster creative site planning which results in well-designed, rural residential development;

2.

To incorporate rural amenities into new developments, including open space for passive and active recreation, and scenic views from building lots;

3.

To preserve the traditional character of rural communities by limiting the scale and intensity of development;

4.

To incorporate natural features and traditional features of the local built environment into development; and

5.

To maintain the rural scale and character of area roads by limiting growth in the volume of traffic generated by local development.

In this section, the following terms have the meanings indicated:

BUILDING AREA — The portion of the density calculation area available for building which may include building lots, common open space and permitted community facilities.

BUILDING ENVELOPE — The area on a lot within which all principal structures except sheds, wells, septic systems, stormwater management systems, driveways or fences are permitted to be built.

FOREST PATCH AREA — An area of land comprised of at least 200 contiguous acres of forest overlaying a stream system, as designated on a forest patch map adopted by the Department of Environmental Protection and Sustainability.

[Bill No. 122-2010]

DENSITY CALCULATION AREA — The portion of a tract which is outside of the primary conservancy area.

PRIMARY CONSERVANCY AREA — An area comprised of natural resources protected from disturbance by development. A primary conservancy area consists of:

[Bill No. 137-2004]

A.

The forest buffer, regulated in Article 33, Title 3 of the Baltimore County Code, which includes streams, wetlands, floodplains and steep slopes;

B.

Forest patch areas;

C.

Priority one forests, as regulated by the Forest Conservation Technical Manual, promulgated by the Department of Environmental Protection and Sustainability pursuant to Article 33, Title 6 of the Baltimore County Code, for implementation of the Forest Conservation Act; and

[Bill No. 122-2010]

D.

Habitats of endangered species, as regulated under § 32-4-416 of the Baltimore County Code.

SECONDARY CONSERVANCY AREA — An area encompassing at least 50 percent of the density calculation area of any development site and consisting of natural or constructed resources, no part of which lies within a primary conservancy area. A secondary conservancy area may include greenways, scenic viewsheds, forest conservation areas, cultivated agricultural land and land in agricultural preservation easement, historically or culturally significant land or structures or other special features that help to define the character of the rural locality such as free-standing trees, tree groups, hedgerows, fences or walls.

A.

Uses permitted by right. The following uses are permitted by right in an R.C.6 Zone:

1.

Dwellings, one-family detached.

2.

Farms and limited acre wholesale flower farms, subject to Section 404.

3.

Open space, common.

4.

Schools.

5.

Streets and ways.

6.

Telephone, telegraph, electrical power or other lines or cables, provided that any such line or cable is underground; underground gas mains; shared well and septic systems when approved by the Department of Environmental Protection and Sustainability; or other underground conduits, except interstate pipelines.

[Bill No. 122-2010]

7.

Accessory uses or structures, subject to Section 429, including:

a.

Farmer's roadside stand and produce stand, subject to Section 404.4;

b.

Home occupations;

c.

Offices or studios of physicians, dentists, lawyers, architects, engineers, artists, musicians or other professionals, provided that any such office or studio is established within the same building as that serving the professional person's primary residence; does not occupy more than 25 percent of the total floor area of that residence; and does not involve the employment of more than one nonresident employee;

d.

Parking and residential garage space, subject to Section 409;

e.

Signs, subject to Sections 450 and 1A07.8.C.5; and

f.

Swimming pools, tennis courts and other recreational amenities, if accessory to a dwelling or residential subdivision only.

8.

Commercial film production, subject to Section 435.

9.

Churches and other buildings for religious worship, provided that no more than ten percent of any lot may be covered by impervious surfaces which include buildings, structures or required parking.

10.

Group child-care center, Class B, subject to Section 424.8.

[Bill No. 47-23]

B.

Uses permitted by special exception. The following uses only may be permitted by special exception in an R.C.6 Zone:

1.

The following uses provided that they are located in a principal building that was originally constructed before the effective date of Bill 73-2000; and the building is converted to the new use without any external enlargement after the effective date of Bill 73-2000:

a.

Antique shop;

b.

Bed and breakfast;

c.

Tea room; and

d.

Residential art salon.

2.

Animal boarding places regardless of class, commercial kennels, private kennels, and veterinarian offices.

[Bill No. 87-2001]

3.

Campgrounds and day camps.

4.

Cemeteries, which are exempt from the provisions of Sections 1A07.4, 1A07.5, 1A07.6, 1A07.7, 1A07.8, 1A07.9 and 1A07.10.

[Bill No. 11-2008]

5.

Churches and other buildings for religious worship if more than ten percent of any lot is covered by impervious surfaces which include buildings, structures or required parking.

6.

Golf courses.

7.

Landscape service operations, subject to Sections 404.1 and 404.3.

8.

Shooting ranges, including archery, pistol, skeet, trap and target (small-bore rifle only) except that any such use existing at the time of the effective date of Bill 73-2000 may continue at the same level, provided that within one year of the effective date, the owner shall file for a use permit under Section 500.4, and turkey shoots.

9.

Offices for agricultural-related uses.

10.

Offices or studios of physicians, dentists, lawyers, architects, engineers, artists, musicians or other professionals as an accessory use, provided that any such office or studio is established within the same building as that serving the professional person's primary residence; does not occupy more than 25 percent of the total floor area of that residence; and does not involve the employment of more than one nonresident professional associate nor two other nonresident employees.

11.

Public utility uses not permitted by right.

12.

Riding stables.

13.

Volunteer fire company or ambulance rescue facilities.

14.

Wireless telecommunications towers, subject to Section 426.

15.

The following agricultural support uses as principal commercial uses:

a.

Winery, including accessory retail and wholesale distribution of wine produced on the premises. Temporary promotional events, such as wine tasting or public gatherings associated with the winery, are permitted within any limits set by the special exception.

b.

Bottled water plant, if the source of water is located on the same site as the plant, and provided that the Director of Environmental Protection and Sustainability makes a finding that the proposed facility is not expected to adversely affect the quality of capacity of surface water or ground water.

[Bill No. 122-2010]

c.

Notwithstanding any provision of this section or any other county law or regulation to the contrary, if a property to which the zoning classification R.C.6 is applied had a development plan filed, accepted and pending for approval as of September 5, 2000, the development plan shall be reviewed based upon the zoning classification applicable to the property at the time the development plan was filed.

d.

Brewery, Class 7 or Class 8, including accessory retail and wholesale distribution of beer produced on the premises. Temporary promotional events, such as beer tasting or public gatherings associated with the brewery, are permitted subject to approval by the Administrative Law Judge or Board of Appeals on appeal.

[Bill No. 64-2015]

16.

Funeral homes, if in conjunction with a previously approved cemetery consisting of at least 150 acres. A funeral home is exempt from the provisions of Sections 1A07.4, 1A07.5, 1A07.6, 1A07.7, 1A07.8, 1A07.9, and 1A07.10. Any structure dedicated to funeral home use shall be set back at least 200 feet from any tract boundary and 300 feet from any public right-of-way, and may not exceed 50 feet in height.

[Bill No. 11-2008]

17.

Natural burial ground (subject to Section 401.2), only if located within the boundaries of the Patapsco/Granite Area Community Plan as adopted by the County Council on December 21, 1998.

[Bill No. 76-2021]

The design of the tract, including the designation of conservancy areas and all development, must be in accordance with this section and the standards and guidelines for the "Rural Conservation and Residential Zone" and "scenic views" adopted pursuant to this section, and published as part of the Comprehensive Manual of Development Policies.

A.

Before the approval of any concept plan, development plan, limited exemption, special exception plan or variance, the Director of Planning or the Director's designee must certify in a written finding that the plan, exemption or variance is consistent with the spirit and intent of these regulations. To support the finding, the Director may require information such as building elevations, building cross-sections or viewshed analyses pursuant to § 32-4-224(d) of the Baltimore County Code. The Director must certify that any deviation from this section or the standards and guidelines cited above was necessary to:

[Bill No. 137-2004]

1.

Meet another standard or guideline;

2.

Comply with environmental regulations or otherwise protect resources; or

3.

Achieve the best possible site design based on the goals in Section 1A07.1.B.

B.

Before the issuance of any building permit, the Director of Planning or the Director's designee must certify that the proposed development is in conformance with a plan approved pursuant to these regulations.

C.

A finding pursuant to this section may be appealed to the Baltimore County Board of Appeals within 30 days of the date of the finding by any person aggrieved by the finding.

[Bill No. 137-2004]

A written design concept statement must be submitted with the concept plan in accordance with Article 34, Title 4, Subtitle 2, Part II of the Baltimore County Code. The design concept plan must identify the significant site features, support the reasoning behind the architectural concept and site plan proposed and explain how and why the site features are incorporated into the project design.

To protect the scenic views or, when necessary pursuant to [Section] 1A07.4, to mitigate the disturbance of scenic views, the Director of Planning may require that one or both of the following be clearly designated on the final record plat with appropriate notations:

A.

Areas where disturbance of natural vegetation is prohibited.

B.

Areas where re-vegetation of landscaping is required.

[Bill Nos. 137-2004; 122-2010]

Each development in an R.C.6 Zone must include a conservancy area consisting of a primary conservancy area and a secondary conservancy area. The acreage of the conservancy area should be contiguous.

A.

Purpose. The portion of a development tract to be reserved as a secondary conservancy area must be determined on the basis of the goals for this section, and an analysis of the site conditions, including a walk of the site with representatives of the Department of Environmental Protection and Sustainability and the Department of Planning, and justified in the written design concept statement.

[Bill No. 55-2011]

B.

Minimum width. The conservancy area, consisting of the primary and secondary conservancy areas combined, may not include within it any area with a diameter of less than 100 feet unless the Director of Environmental Protection and Sustainability determines that such an area will effectively protect the natural resources of the tract.

C.

Uses permitted in the conservancy area. Except as used for the following subject to any restrictions or limitations that may be imposed by the Department of Environmental Protection and Sustainability pursuant to Article 33 of the Baltimore County Code or the Department of Recreation and Parks pursuant to Article 30 of the Baltimore County Code, or both, in conjunction with approval of the development, the conservancy area, including the primary and secondary conservancy areas combined, shall remain undisturbed:

1.

Open space for passive or active recreation, including open space to meet the requirements of the Baltimore County Local Open Space Manual, and planned recreational greenways. Passive recreation, such as hiking, is permitted in primary conservancy areas subject to approval of the Department of Environmental Protection and Sustainability.

2.

The continued operation of farms existing at the time of development plan approval, including farmstead and accessory structures, except that commercial agriculture is not permitted in primary conservancy areas.

3.

Shared septic systems, shared wells and interior access roads, only in secondary conservancy areas.

4.

Churches and other buildings for religious worship.

No more than 50 percent of the density area calculation area may be included within the total development area.

A.

Maximum height. No structure with a height greater than 50 feet is permitted, except as otherwise provided under Section 300.

B.

Area regulations.

1.

Maximum lot density.

a.

A tract may be developed in an R.C.6 Zone at a maximum density of 0.2 lot per acre of the density calculation area, provided that no lot exceeds the maximum lot size requirement in this subsection.

b.

A subdivision (major or minor) is exempt from the maximum lot size requirement in this subsection, but is subject to the maximum building envelope requirement of this subsection if the density of the tract is reduced to 0.1 lot or less per acre of the density calculation area.

2.

Lot area. Except as provided in 1A07.8.B.1.b, the area of any residential lot other than a farm, or the lot of a historic property under 1A07.8.B.7 created in R.C.6 must not be more than one and one-half acres.

3.

Building envelope. For residential development, the maximum area of the building envelope on any residential lot other than a farm is 20,000 square feet. The placement of the building envelope is determined on the basis of:

a.

The goals for the zone;

b.

The standards and guidelines for the Rural Conservation and Residential Zone and scenic views published in the Comprehensive Manual of Development Policies; and

c.

The minimum setbacks for the zone.

4.

Minimum development allowance. Any lot or parcel of land lawfully existing on the effective date of Bill 73-2000 may be developed with a single dwelling, regardless of the existence or extent of forest patch or forest conservation areas. If such lot or parcel is 100 acres or greater and cannot be developed in accordance with this section because the entire lot is categorized as a patch of forest or forest conservation area, it may be subdivided at a maximum density of one dwelling per 50 acres of gross area.

5.

Setbacks.

a.

Any principal building constructed in an R.C.6 Zone must be situated at least:

(1)

Twenty-five feet from the public right-of-way of public interior streets or 35 feet from the paved area of private interior streets;

(2)

Eighty feet from any principal building; and

(3)

Fifty feet from the rear lot line.

b.

Any building envelopes and wells located in an R.C.6 Zone must be at least 200 feet from any adjacent property that was cultivated or used for pasture during the previous three years, as determined by the Department of Environmental Protection and Sustainability, or that is subject to an agricultural or conservation easement.

[Bill No. 122-2010]

6.

Impervious surface coverage — nonresidential development. Except for residential lots which are subject to a building envelope restriction and churches and other buildings for religious worship permitted by special exception, no more than ten percent of any lot may be covered by impervious surfaces such as structures or pavement.

7.

Historic properties. No building or structure on a development tract which is officially included on the preliminary or final list of the Landmarks Preservation Commission or the National Register of Historic Places or which is subject to an easement held by the Maryland Historical Trust will be counted as a lot or dwelling for purposes of calculating density, provided that:

[Bill No. 137-2004]

a.

There is an area of sufficient size, as determined by the Director of Planning in consultation with the Landmarks Preservation Commission or Maryland Historical Trust, surrounding the building, structure or landmark to preserve the integrity of its historic setting;

b.

An overall photographic and written description of the building, structure or landmark identified has been submitted and is determined to be in compliance with the Secretary of the Interior's standards for the treatment of historic properties;

c.

Documentation of the preservation, restoration and protection for the building, structure or landmark has been approved by the Director of Planning in consultation with the Maryland Historical Trust prior to issuance of any building permit; and

d.

When provisions of this paragraph apply to any development, the conditions for approval must be noted on the concept plan and development plan, or the minor subdivision plan.

C.

Performance standards. The following standards are intended to foster the creative development in furtherance of the goals in Section 1A07.1.B. Conditions for approval pursuant to this section must be noted in applicable plans and approvals pursuant to § 32-4-251 of the Baltimore County Code.

[Bill No. 137-2004]

1.

Stormwater management. Stormwater management facilities must be integrated with the topography of the site and consistent with the visual appearance of the surrounding natural features.

2.

Buildings.

a.

Buildings must be located on the least visually prominent portion of the site from the public road, consistent with effective resource protection, except where appropriate to continue an established pattern of development along the edge of the road.

b.

Interior roads having dwellings only on one side, and leaving open or wooded views from the front and rear of each dwelling, are preferred.

c.

Buildings should reflect the traditional rural character of the area in architectural form, scale, materials and detailing and in landscaping context.

d.

Dwellings and other principal use building should be front oriented to public rights-of-way; reverse-fronted lots generally will not be permitted.

e.

Institutional uses visible from a public road should be regarded as community landmarks, and treated as permanent, special uses. This status should be reflected in building orientation and location on the site, entryways, landscaping, architecture and exterior building materials.

f.

All of the exterior walls of a building must be treated similarly with respect to color and architectural details.

g.

Accessory structures, including solar panels, antennas and storage sheds are not permitted in the front yard of any principal use. Section 400.1 is not applicable in an R.C.6 Zone; however, the height of accessory structures is subject to the provisions of Section 400.

h.

When buildings are located in open fields because of site constraints, additional landscaping or berms may be required to soften views.

3.

Roads, parking areas and storage areas.

a.

Interior roads must conform to Baltimore County's standards for rural roads, and no paved section of road may exceed a width of 18 feet.

b.

Curbing must not be used unless required for stormwater management, as determined by the Department of Public Works and Transportation. When curbing is required, it must consist of mountable curbs in accordance with specifications established by the Department of Public Works and Transportation.

[Bill No. 33-2021]

c.

Fencing of residential properties must be in keeping with rural character. Fences must be either split rail or board on post, and the type of fence must be consistent throughout the development.

d.

Off-street parking and vehicle or equipment storage areas, when necessary for nonresidential or non-farm uses, must be visually screened by fencing, buildings or vegetation, or a combination thereof, from the public roads and dwellings.

e.

Areas for the outside storage of materials or supplies for nonagricultural commercial uses, except merchandise offered for sale by antique shops, must be visually screened by fencing, buildings or vegetation, or a combination thereof, from all public roads and dwellings.

f.

Street lights, if permitted on interior streets, must be no higher than 14 feet and illuminated by no more than one, 100-watt sodium vapor lamp. Fluorescent and incandescent lights are not permitted. The light fixtures may employ "house panels" in order to diffuse light downward.

4.

Screening. Visual screening for privacy or to block distracting views should be natural in appearance and sensitive to grade relationships. Screens should not disrupt the harmony of the natural landscape or obstruct scenic views.

5.

Signs.

a.

Community signs are prohibited. Subdivisions may be identified by street signs.

b.

A nonresidential principal use may be identified by:

(1)

An enterprise sign, subject to Section 450; or

(2)

An identification sign, subject to Section 450.

A.

Except for existing farms, a conservancy area must be held in unified ownership and control, which may take the form of a homeowners' association, condominium association, public or private organization or land trust. The owner shall assume all responsibility for the management and continued protection of the conservancy area, including any leasing arrangements for agriculture and maintenance of any recreational amenities.

B.

A conservancy area must be held in unified ownership unless:

1.

It is created through the subdivision of a farm and will continue to be used as a farm. In this case, the conservancy area may include existing farm buildings. Any such buildings must be included in overall density calculations unless they are determined to be historic properties as provided in [Section] 1A07.8.B.7.

2.

A portion of the conservancy area is designated for use as recreational open space pursuant to [Section] 1A07.7.C, in which case that portion of the conservancy area may be dedicated to Baltimore County for in-fee ownership or management as a recreational facility, as approved by the Department of Recreation and Parks, or may be owned and managed by a homeowners' association, regardless of who owns any remaining portion of the conservancy area.

At the time of the record plat, easements and covenants, in addition to other easements and covenants required by county law, must be recorded among the land records of Baltimore County to run with the land and continue in perpetuity. The easements and covenants must be shown on the concept plan and on the development plan or minor subdivision plan for the development, as applicable, and on the record plat.

A.

For all subdivisions or other development, except as provided in Paragraph B, a permanent preservation easement on the conservancy area must be granted to Baltimore County or to a land trust which the county approves, and must permanently restrict further subdivision or development of the conservancy area. The easement must:

1.

Allow public access to greenways and other open space areas subject to approval by the Department of Environmental Protection and Sustainability and the Department of Recreation and Parks;

[Bill No. 122-2010]

2.

Indicate uses and activities approved in the conservancy area subject to Section 1A07.7.C with any applicable conditions or limitations; and

3.

Provide that any modification of a preservation easement held by Baltimore County be subject to a public hearing.

B.

In the case of a development where additional permitted density remains, a conservancy area shall be shown on the approval plan and, if the plan involves subdivision, recorded in the land records of Baltimore County. A permanent preservation easement as described in Paragraph A must be granted if further subdivision subjects the tract to the development plan review process under Article 32 of the Baltimore County Code.

[Bill No. 137-2004]

C.

Other covenants or easements may be required as to ensure that the standards of this section are met, including:

1.

An easement guaranteeing maintenance of, and county access to, any well or septic or stormwater management facilities that may be approved for location in common areas on any part of the tract; and

2.

An easement to provide for the maintenance of open views.

A.

Findings.

1.

Master Plan 2010, adopted by the County Council in February 2000, identifies specific resource preservation areas where valuable cultural, historic, recreational and environmental resources are located and should be protected for the health of the local community and the community at large.

2.

Among the actions recommended in Master Plan 2010 to protect resources in resource preservation areas is the reduction of permitted residential densities in these areas to one dwelling per 25—50 acres of land.

3.

An R.C.7 Zone would allow limited development, compatible with the rural community, and at the same time protect rural resources.

4.

The county recognizes the importance of retaining large-acreage parcels to protect and promote the agricultural industry.

B.

Legislative goals. The Baltimore County Council seeks to achieve the following goals in the R.C.7 Zone:

1.

To preserve and protect total ecosystem function, including riparian and aquatic ecosystems;

2.

To protect forests, streams, wetlands and floodplains;

3.

To protect the water quality of watercourses, the Chesapeake Bay and regional biodiversity;

4.

To respect historic sites in their settings;

5.

To provide a quality recreational experience to visitors;

6.

To protect remaining prime and productive soils in areas not currently protected by the R.C.2 Zone.

7.

To maintain the unique character of a rural area by preserving its natural, historic, cultural, recreational, scenic, architectural and archaeological resources.

8.

To provide for the environmentally sound use of land and forest resources, and to prevent forest fragmentation, especially in areas of extensive interior forest;

9.

To implement state and federal mandates for the protection of natural resources and rural legacy;

10.

To enhance rural character and environmental protection by locating buildings in harmony with site conditions;

11.

To preserve the traditional character of rural communities by limiting the scale and intensity of development;

12.

To incorporate traditional features of the local built environment into development; and

13.

To maintain the rural scale and character of area roads by limiting growth in the volume of traffic generated by local development.

In this section, the following term has the meaning indicated:

BUILDING ENVELOPE — The area on a lot within which all structures except wells, septic systems, stormwater management systems, driveways or fences are permitted to be built.

A.

Uses permitted by right. In addition to the uses in Paragraph E of this subsection, the following uses are permitted by right in an R.C.7 Zone:

1.

Dwellings, one-family detached.

2.

Farms and limited acre wholesale flower farms, subject to Section 404.

3.

Open space, common.

4.

Schools.

5.

Streets and ways.

6.

Telephone, telegraph, electrical power or other lines or cables, provided that any such line or cable is underground; underground gas mains; shared well and septic systems when approved by the Department of Environmental Protection and Sustainability; or other underground conduits, except interstate pipelines.

[Bill No. 122-2010]

7.

Accessory uses or structures, subject to Section 429, including:

a.

Farmer's roadside stand and produce stand, subject to Section 404.4;

b.

Home occupations;

c.

Offices or studios of physicians, dentists, lawyers, architects, engineers, artists, musicians or other professionals, provided that any such office or studio is established within the same building as that serving the professional person's primary residence; does not occupy more than 25 percent of the total floor area of that residence; and does not involve the employment of more than one nonresident employee;

d.

Parking and residential garage space, subject to Section 409;

e.

Signs, subject to Sections 450 and 1A08.8.C.5; and

f.

Swimming pools, tennis courts and other recreational amenities, if accessory to a dwelling or residential subdivision only.

8.

Commercial film production, subject to Section 435.

9.

Farmstead creamery, subject to the provisions of Section 404.13.

[Bill No. 34-2009]

B.

Uses permitted by special exception. The following uses only may be permitted by special exception in an R.C.7 Zone.

1.

The following uses provided that they are located in a principal building that was originally constructed before the effective date of Bill 74-2000; and the building is converted to the new use without any external enlargement after the effective date of Bill 74-2000:

a.

Antique shop;

b.

Bed and breakfast;

c.

Tea room; and

d.

Residential art salon.

2.

Subject to Paragraph E of this subsection, churches and other buildings for religious worship.

3.

Offices or studios of physicians, dentists, lawyers, architects, engineers, artists, musicians or other professionals as an accessory use, provided that any such office or studio is established within the same building as that serving the professional person's primary residence; does not occupy more than 25 percent of the total floor area of that residence; and does not involve the employment of more than one nonresident professional associate nor two other nonresident employees;

4.

Public utility uses not permitted by right.

5.

Bottled water plant as an agricultural support use, if the source of water is located on the same site as the plant, and provided that the Director of Environmental Protection and Sustainability makes a finding that the proposed facility is not expected to adversely affect the quality of capacity of surface water or ground water.

[Bill No. 122-2010]

6.

Campgrounds, including day camps.

7.

Farm market, subject to Section 404.4.

8.

Golf courses.

9.

Horticultural nursery, subject to Sections 404.1 and 404.2.

10.

Riding stables.

11.

Target archery and field archery ranges.

12.

Volunteer fire company or ambulance-rescue facilities.

13.

Winery as an agricultural support use, including accessory retail and wholesale distribution of wine produced on premises. Temporary promotional events such as wine tasting or public gatherings associated with the winery are permitted within any limits set through the special exception process.

14.

Wireless telecommunication towers, subject to Section 426.

15.

Brewery, Class 7 or Class 8, including accessory retail and wholesale distribution of beer produced on the premises. Temporary promotional events, such as beer tasting or public gatherings associated with the brewery, are permitted subject to approval by the Administrative Law Judge or Board of Appeals on appeal.

[Bill No. 64-2015]

C.

Notwithstanding any provision of this section or any other county law or regulation to the contrary, if a property to which the zoning classification R.C.7 is applied had a development plan filed, accepted and pending for approval as of January 19, 2000, the development plan shall be reviewed based on the zoning classification applicable to the property at the time the development plan was filed.

D.

Prior zoning. If a property was zoned so that churches and other buildings for religious worship were permitted by right prior to being zoned as R.C.7, churches and other buildings for religious worship are permitted by right on that property.

[Bill No. 10-24]

All development must be in accordance with this section and the standards and guidelines for "rural preservation" and "scenic views" adopted pursuant to this section, and published as part of the Comprehensive Manual of Development Policies.

A.

Before the approval of any concept plan, development plan, limited exemption, special exception plan or variance, the Director of Planning or the Director's designee must certify in a written finding that the plan, exemption or variance is consistent with the spirit and intent of these regulations. To support the finding, the Director may require information such as building elevations, building cross-sections or viewshed analyses pursuant to § 32-4-224(d) of the Baltimore County Code. The Director must certify that any deviation from this section or the standards and guidelines cited above was necessary to:

[Bill No. 137-2004]

1.

Meet another standard or guideline;

2.

Comply with environmental regulations or otherwise protect resources; or

3.

Achieve the best possible site design based on the goals in Section 1A08.1.B.

B.

Before the issuance of any building permit, the Director of Planning or the Director's designee must certify that the proposed development is in conformance with a plan approved pursuant to these regulations.

C.

A finding pursuant to this section may be appealed to the Baltimore County Board of Appeals within 30 days of the date of the finding by any person aggrieved by the finding.

To protect the scenic views or, when necessary pursuant to [Section] 1A08.4, to mitigate the disturbance of scenic views, the Director of Planning may require that one or both of the following be clearly designated on the final record plat with appropriate notations:

A.

Areas where disturbance of natural vegetation is prohibited; or

B.

Areas where revegetation of landscaping is required.

A.

Maximum height. No structure with a height greater than 35 feet is permitted, except as otherwise provided under Section 300.

B.

Area regulations.

1.

Maximum lot density. A tract may be developed in an R.C.7 Zone at a maximum density of 0.04 lot per acre of gross tract area (an average of one lot per 25 acres). No lot lying within an R.C.7 Zone and having a gross area of less than 50 acres may be subdivided. Any lot having a gross area of 50 acres or more may be subdivided at the rate of one lot for each 25 acres of gross area. In cases where single ownership is crossed by existing or proposed roads, rights-of-way or easements, the portions of land on either side of the road, right-of-way or easement may not be considered separate parcels for the purpose of calculating the number of lots of record.

2.

Lot area. The area of any residential lot in a major or minor subdivision must not be less than one acre.

3.

Building envelope. For residential development, the maximum area of the building envelope on any residential lot other than a farm is 20,000 square feet, and no single dwelling, inclusive of a garage or accessory building, shall have a building footprint that exceeds 5,000 square feet. The placement of the building envelope is determined on the basis of:

a.

The goals for the zone; and

b.

The minimum setbacks for the zone.

4.

Minimum development allowance. Any lot or parcel of land lawfully existing on the effective date of Bill 74-2000 may be developed with a single dwelling.

5.

Setbacks.

a.

Any principal building constructed in an R.C.7 Zone must be situated at least:

(1)

Thirty-five feet from the right-of-way of public or private interior streets;

(2)

Eighty feet from any principal building; and

(3)

Fifty feet from the rear lot line.

b.

Any principal building or well constructed, or any use that may be in conflict with any permitted agricultural operation, in an R.C.7 Zone must be at least 300 feet from any adjacent property that was cultivated or used for pasture during the previous three years, as determined by the Department of Environmental Protection and Sustainability, or that is subject to a perpetual agricultural or conservation easement.

[Bill No. 122-2010]

6.

Impervious surface coverage — nonresidential development. Except for residential lots which are subject to a building envelope restriction, no more than ten percent of any lot may be covered by impervious surfaces such as structures or pavement.

7.

Historic properties. No building or structure on a development tract which is officially included on the preliminary or final list of the Landmarks Preservation Commission or the National Register of Historic Places, or which is subject to an easement held by the Maryland Historical Trust will be counted as a lot or dwelling for purposes of calculating density, provided that:

[Bill No. 137-2004]

a.

There is an area of sufficient size, as determined by the Director of Planning in consultation with the Landmarks Preservation Commission or Maryland Historical Trust, surrounding the building, structure or landmark to preserve the integrity of its historic setting;

b.

An overall photographic and written description of the building, structure or landmark identified has been submitted and is determined to be in compliance with the Secretary of the Interior's standards for the treatment of historic properties;

c.

Documentation of the preservation, restoration and protection for the building, structure or landmark has been approved by the Director of Planning in consultation with the Maryland Historical Trust prior to issuance of any building permit; and

d.

When provisions of this paragraph apply to any development, the conditions for approval must be noted on the concept plan and development plan, or the minor subdivision plan.

C.

Performance standards. Conditions for approval pursuant to this section must be noted on the concept plan and development plan, or minor subdivision plan. The following standards are intended to foster creative development that promotes the goals stated in [Section] 1A08.1.B.

1.

Stormwater management. Stormwater management facilities must be integrated with the topography of the site and consistent with the visual appearance of the surrounding natural features.

2.

Buildings.

a.

Buildings must be located on the least visually prominent portion of the site from the public road, consistent with effective resource protection, except where appropriate to continue an established pattern of development along the edge of the road.

b.

Buildings should reflect the traditional rural character of the area in architectural form, scale, materials and detailing and in landscaping context.

c.

Dwellings and other principal use building should be front-oriented to public rights-of-way; reverse-fronted lots generally will not be permitted.

d.

Institutional uses, when permitted, should be regarded as community landmarks, and treated as permanent, special uses. This status should be reflected in building orientation and location on the site, entryways, landscaping, architecture and exterior building materials.

e.

All of the exterior walls of a building must be treated similarly with respect to color and architectural details.

f.

Accessory structures, including solar panels, antennas and storage sheds, are not permitted in the front yard of any principal use. Section 400.1 is not applicable in an R.C.7 Zone; however, the height of accessory structures is subject to the provisions of Section 400.

g.

When buildings are located in open fields because of site constraints, additional landscaping or berms may be required to soften views.

3.

Roads, parking areas and storage areas.

a.

Interior roads must conform to Baltimore County's standards for rural roads, and no paved section of road may exceed a width of 18 feet.

b.

Curbing must not be used unless required for stormwater management, as determined by the Department of Public Works and Transportation. When curbing is required, it must consist of mountable curbs of a color that simulates the appearance of aged concrete, in accordance with specifications established by the Department of Public Works and Transportation.

[Bill No. 33-2021]

c.

Fencing of residential properties must be in keeping with rural character. Fences must be either split rail or board on post, and the type of fence must be consistent throughout the development.

d.

Off-street parking and vehicle or equipment storage areas, when necessary for nonresidential or non-farm uses, must be visually screened by fencing, buildings or vegetation, or a combination thereof, from the public roads and dwellings.

e.

Areas for the outside storage of materials or supplies for nonagricultural commercial uses, except merchandise offered for sale by antique shops, must be visually screened by fencing, buildings or vegetation, or a combination thereof, from all public roads and dwellings.

f.

Street lights, if permitted on interior streets, must be no higher than 14 feet and illuminated by no more than one, 100-watt sodium vapor lamp. Fluorescent and incandescent lights are not permitted. The light fixtures should be of a style that diffuses light.

4.

Screening. Visual screening for privacy or to block distracting views should be natural in appearance and sensitive to grade relationships. Screens should not disrupt the harmony of the natural landscape or obstruct scenic views.

5.

Signs.

a.

Community signs are prohibited. Subdivisions may be identified by street signs.

b.

A nonresidential principal use may be identified by:

(1)

An enterprise sign, subject to Section 450; or

(2)

An identification sign, subject to Section 450.

[Bill No. 62-2017^[40]]

Any dwelling in an R.C.7 Zone may be subject to inconveniences or discomforts arising from agricultural operations, including noise, odors, fumes, dust, the operation of machinery or aircraft of any kind during any 24-hour period, the storage and disposal of manure and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides; except that during the period between 10:00 p.m. and sunrise as defined by the National Weather Service for sunrise on the particular day in the Baltimore area, an agricultural operation may not fire or otherwise discharge an air cannon or similar device that releases a loud shotgun-like blast within 500 feet of an adjacent residential dwelling.

A.

Findings.

1.

Master Plan 2010, adopted by the County Council in February 2000, identifies specific resource preservation areas where valuable cultural, historic, recreational and environmental resources are located and should be protected for the health of the local community and the community at large.

2.

While the resource preservation areas identified in the Master Plan are predominantly in the rural part of Baltimore County, there are certain areas of environmental significance that are located throughout Baltimore County that require protection.

3.

An R.C.8 Zone allows limited development, compatible with the rural and urban community, and at the same time protects environmental resources.

4.

The County recognizes the importance of retaining certain areas for environmental protection.

B.

Legislative goals. The Baltimore County Council seeks to achieve the following goals in the R.C.8 Zone:

1.

To preserve and protect total ecosystem function, including riparian and aquatic ecosystems;

2.

To protect forests, streams, wetlands and floodplains;

3.

To protect the water quality of reservoirs, watercourses, the Chesapeake Bay and regional biodiversity;

4.

To respect historic sites in their settings;

5.

To provide a quality recreational experience to visitors;

6.

To protect remaining prime and productive soils, environmental resources in areas not currently protected by the R.C.2 or the R.C.7 Zone;

7.

To maintain the unique character of certain rural and urban areas by preserving its natural, environmental, historic, cultural, recreational, scenic, architectural and archaeological resources not protected by the R.C.7 Zone;

8.

To provide for the environmentally sound use of land and forest resources, and to prevent forest fragmentation, especially in areas of extensive interior forest;

9.

To implement state and federal mandates for the protection of natural resources and rural legacy;

10.

To enhance local character and environmental protection by locating buildings in harmony with site conditions;

11.

To preserve the traditional character of communities by limiting the scale and intensity of development;

12.

To maintain the scale and character of area roads by limiting growth in the volume of traffic generated by local development.

In this section, the following term has the meaning indicated:

BUILDING ENVELOPE — The area on a lot within which all structures except wells, septic systems, stormwater management systems, driveways or fences are permitted to be built.

A.

Uses permitted by right. In addition to the uses in Paragraph D of this subsection, the following uses are permitted by right in an R.C.8 Zone:

1.

Dwellings, single-family detached.

2.

Farms and limited-acre wholesale flower farms, subject to Section 404.

3.

Open space, common.

4.

Schools.

5.

Streets and ways.

6.

Telephone, telegraph, electrical power or other lines or cables, provided that any such line or cable is underground; underground gas mains; shared well and septic systems when approved by the Department of Environmental Protection and Sustainability; or other underground conduits, except interstate pipelines.

[Bill No. 122-2010]

7.

Accessory uses or structures, subject to Section 400, including:

a.

Farmer's roadside stand and produce stand, subject to Section 404.4;

b.

Home occupations;

c.

Offices or studios of physicians, dentists, lawyers, architects, engineers, artists, musicians or other professionals, provided that any such office or studio is established within the same building as that serving the professional person's primary residence; does not occupy more than 25 percent of the total floor area of that residence; and does not involve the employment of more than one nonresident employee;

d.

Parking and residential garage space, subject to Section 409;

e.

Signs, subject to Sections 450 and 1A09.7.C.5; and

f.

Swimming pools, tennis courts and other recreational amenities, if accessory to a dwelling.

8.

Commercial film production, subject to Section 435.

9.

Farmstead creamery, subject to the provisions of Section 404.13.

[Bill No. 34-2009]

B.

Uses permitted by special exception. The following uses only are permitted by special exception in an R.C.8 Zone:

1.

The following uses, provided that they are located in a principal building that was originally constructed before August 6, 2004, and the building is converted to the new use without any external enlargement after August 6, 2004:

a.

Antique shop;

b.

Bed-and-breakfast;

c.

Residential art salon.

2.

Public utility uses not permitted by right.

3.

Bottled water plant as an agricultural support use, if the source of water is located on the same site as the plant, and provided that the Director of Environmental Protection and Sustainability makes a finding that the proposed facility is not expected to adversely affect the quality or capacity of surface water or groundwater.

[Bill No. 122-2010]

4.

Farm market, subject to Section 404.4.

5.

Horticultural nursery, subject to Sections 404.1 and 404.2.

6.

Volunteer fire company or ambulance-rescue facilities.

7.

Winery as an agricultural support use, including accessory retail and wholesale distribution of wine produced on the premises. Temporary promotional events such as wine tasting or public gatherings associated with the winery are permitted within any limits set through the special exception process.

8.

Wireless telecommunications towers and monopoles; however, they shall be designed and located in a manner that substantially minimizes their visual impact; stealth towers such as flagpoles, flush-mounted monopoles set into wooded hillsides and painted to blend into the trees, and other innovative options. Such poles or antennas shall not project more than five feet above any tree within 25 feet of the monopole. In no case shall a tower or monopole project above a ridge line. Wireless telecommunications facilities that are proposed within a county, state or national historic district or preservation area will be required to be reviewed by the Baltimore County Landmarks Commission. Wireless telecommunications facilities may be incorporated into the structure of existing high-voltage electric transmission lines as a matter of right.

9.

Conservation burial ground (See Sections 401.2 and 401.2.1).

[Bill Nos. 6-2015; 76-2021]

10.

Brewery, Class 7 or Class 8, including accessory retail and wholesale distribution of beer produced on the premises. Temporary promotional events, such as beer tasting or public gatherings associated with the brewery, are permitted subject to approval by the Administrative Law Judge or Board of Appeals on appeal.

[Bill No. 64-2015]

C.

Application of zone. The R.C.8 Zone is primarily intended to be applied to forested lands, reservoir watershed areas and extensive natural areas. The R.C.8 Zone may not be applied to lands currently zoned R.C.2 or R.C.7.

D.

Prior zoning. If a property was zoned so that churches and other buildings for religious worship were permitted by right and were owned or under contract to a religious institution prior to being zoned as R.C.8, churches and other buildings for religious worship are permitted by right on that property.

All development must be in accordance with this section and the standards and guidelines for "rural preservation" and "scenic views" adopted pursuant to this section, and published as part of the Comprehensive Manual of Development Policies.

A.

Before the approval of any concept plan, development plan, limited exemption, special exception plan or variance, the Director of Planning or the Director's designee must certify in a written finding that the plan, exemption or variance is consistent with the spirit and intent of these regulations. To support the finding, the Director shall require information such as building elevations, building cross sections or view shed analyses pursuant to §§ 32-4-223 and 32-4-224 of the Baltimore County Code. The Director shall certify that any deviation from this section or the standards and guidelines cited above was necessary to:

1.

Meet another standard or guideline;

2.

Comply with environmental regulations or otherwise protect resources; or

3.

Achieve the best possible site design based on the goals in Section 1A09.1.B.

B.

Before the issuance of any building permit, the Director of Planning or the Director's designee shall certify that the proposed development is in conformance with a plan approved pursuant to these regulations.

C.

A finding pursuant to this section may be appealed to the Baltimore County Board of Appeals within 30 days of the date of the finding by any person aggrieved by the finding.

[Bill No. 122-2010]

A.

Unless the applicant demonstrates to the Director of Environmental Protection and Sustainability or his designee that greater water quality or forest protection would result, the building envelope shall be located:

1.

Outside of forested areas where possible;

2.

For forested tracts, within 100 feet of the perimeter of the forest;

3.

To minimize the number and length of roads and driveways; and

4.

To minimize the number of stream crossings.

B.

The Department of Environmental Protection and Sustainability may require alternative site layouts to achieve the water quality and forest protection objectives of this zone.

To protect the scenic views or, if necessary pursuant to Section 1A09.4, to mitigate the disturbance of scenic views, the Director of Planning may require that one or both of the following be clearly designated on the final record plat with appropriate notations:

A.

Areas where disturbance of natural vegetation is prohibited; or

B.

Areas where revegetation of landscaping is required.

A.

Maximum height. No structure with a height greater than 35 feet is permitted, except as otherwise provided under Section 300.

B.

Area regulations.

1.

Maximum lot density. A contiguous tract of land, whether or not in one or more parcels, not part of an approved subdivision may be developed in an R.C.8 Zone at the following density:

[Bill No. 48-2017]

2.

Lot area. The area of any proposed residential lot in a major or minor subdivision must not be less than three acres.

3.

Building envelope. For residential development, the maximum area of the building envelope on any residential lot other than a farm is 20,000 square feet, and no single dwelling, garage or accessory building shall have a building footprint that exceeds 5,000 square feet. The placement of the building envelope is determined on the basis of:

a.

The goals for the zone; and

b.

The minimum setbacks for the zone.

4.

Minimum development allowance. Any lot of record or parcel of land lawfully existing on August 6, 2004, may be developed with a single dwelling.

5.

Setbacks.

a.

Any principal building constructed in an R.C.8 Zone shall be situated at least:

(1)

Thirty-five feet from the right-of-way of public or private interior streets;

(2)

Eighty feet from any principal building; and

(3)

Fifty feet from the rear lot line.

b.

(1) As determined by the Director of Environmental Protection and Sustainability, any dwelling or accessory residential structure to be constructed shall be located at least 300 feet from an adjacent property that is either:

[Bill No. 122-2010]

(a)

Cultivated or used for pasture, or received preferential agriculture assessment at any time over the past five years;

(b)

Land that is suitable for agriculture production, excluding forestry, that is not in production as part of a federal or state conservation program; or

(c)

Land that is suitable for agriculture production, excluding forestry, and is subject to an agricultural or conservation easement.

(2)

A modification to a residential dwelling in existence prior to August 6, 2004, is exempt from the requirements of this subsection.

6.

Impervious surface coverage, nonresidential development. Except for residential lots which are subject to a building envelope restriction, no more than five percent of any lot may be covered by impervious surfaces such as structures or pavement.

7.

Historic properties. No building or structure on a development tract which is officially included on the preliminary or final list of the Landmarks Preservation Commission or the National Register of Historic Places, or which is subject to an easement held by the Maryland Historical Trust will be counted as a lot or dwelling for purposes of calculating density, provided that:

a.

There is an area of sufficient size, as determined by the Director of Planning in consultation with the Landmarks Preservation Commission or Maryland Historical Trust, surrounding the building, structure or landmark to preserve the integrity of its historic setting;

b.

An overall photographic and written description of the building, structure or landmark identified has been submitted and is determined to be in compliance with the Secretary of the Interior's standards for the treatment of historic properties;

c.

Documentation of the preservation, restoration and protection for the building, structure or landmark has been approved by the Director of Planning in consultation with the Maryland Historical Trust prior to issuance of any building permit; and

d.

When provisions of this paragraph apply to any development, the conditions for approval must be noted on the concept plan and development plan, or the minor subdivision plan.

C.

Performance standards. Conditions for approval pursuant to this section must be noted on the concept plan and development plan, or minor subdivision plan. The following standards are intended to foster creative development that promotes the goals stated in Section 1A09.1.B.

1.

Stormwater management. Stormwater management facilities shall be integrated into the site design to utilize nonstructural practices unless it is demonstrated that this is not possible.

2.

Buildings.

a.

Buildings must be located on the least visually prominent portion of the site from the public road, consistent with effective resource protection, except where appropriate to continue an established pattern of development along the edge of the road.

b.

Buildings should reflect the traditional rural character of the area in architectural form, scale, materials and detailing and in landscaping context.

c.

Dwellings and other principal use buildings should be front-oriented to public rights-of-way; reverse-fronted lots generally will not be permitted.

d.

All of the exterior walls of a building must be treated similarly with respect to materials, color and architectural details.

e.

Structures accessory to residential use, excluding agricultural buildings, but including solar panels, antennas and storage sheds, are not permitted in the front yard of any principal use. Section 400.1 is not applicable in an R.C.8 Zone; however, the height of accessory structures is subject to the provisions of Section 400.

f.

If buildings are located in open fields because of site constraints, additional landscaping and berms, or either of them, may be required to soften views.

3.

Roads, parking areas and storage areas.

a.

Interior roads must conform to Baltimore County's standards for rural roads, and no paved section of road may exceed a width of 18 feet, except for turnaround areas.

b.

Curbing must not be used unless required for storm drainage, as determined by the Department of Public Works and Transportation.

[Bill No. 33-2021]

c.

Perimeter fencing of residential properties must be in keeping with rural character. Fences must be either split rail or board on post, and the type of fence must be consistent throughout the development.

d.

Off-street parking and vehicle or equipment storage areas, when necessary for nonresidential or non-farm uses, must be visually screened by fencing, buildings or vegetation, or a combination thereof, from the public roads and dwellings.

e.

Areas for the outside storage of materials or supplies for nonagricultural commercial uses, except merchandise offered for sale by antique shops, must be visually screened by fencing, buildings or vegetation, or a combination thereof, from all public roads and dwellings.

f.

Lighting, such as streetlights, elevated security lights, floodlights, high-intensity house and barn lights are not permitted. However, low-intensity, low-level accent lights and sensor lights no more than 20 feet above the ground may be requested as part of the development review. The light fixtures should be of a style that diffuses light by use of full cutoffs.

4.

Screening. Visual screening for privacy or to block distracting views should be natural in appearance and sensitive to grade relationships. Screens should not disrupt the harmony of the natural landscape or obstruct scenic views.

5.

Signs.

a.

Community signs are prohibited. Subdivisions may be identified by street signs.

b.

A nonresidential principal use may be identified by:

(1)

An enterprise sign, subject to Section 450; or

(2)

An identification sign, subject to Section 450.

[Bill No. 62-2017^[41]]

Any dwelling in an R.C.8 or adjacent zone may be subject to inconveniences or discomforts arising from agricultural operations. These may include noise, odors, fumes, dust, the operation of machinery during any 24-hour period, the storage and disposal of manure and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides. The County shall not consider an agricultural operation to be a public or private nuisance if the operation complies with these regulations and all federal, state or county health or environmental requirements; except that during the period between 10:00 p.m. and sunrise as defined by the National Weather Service for sunrise on the particular day in the Baltimore area, an agricultural operation may not fire or otherwise discharge an air cannon or similar device that releases a loud shotgun-like blast within 500 feet of an adjacent residential dwelling.