The Baltimore County Council finds:

A.

That residential zoning regulations heretofore in effect have not been conducive to the creation of housing diversity in Baltimore County subdivisions;

B.

That minimum standards for individual lots, having been derived from maximum overall density standards, have resulted in an excessive spreading of residential development over subdivision tracts; such spreading of development has led to removal or undesirable transformation of natural vegetation and other features more properly left in their natural or previous states, and has led to visual monotony;

C.

That zoning reclassifications based on lot sizes and types of housing have, in some situations, prevented the construction of the maximum numbers of housing units intended to be permitted on development tracts, especially in cases of severe topographical variation, or have induced "cramped" layout or other undesirable subdivision design characteristics as accommodation of maximum density is achieved;

D.

That evolving markets for types of housing units not permitted in lower-density zones have created pressures leading to frequent rezoning, ultimately resulting in vastly greater population levels than have been planned for, tending to nullify planning efforts and to overload and overcrowd public facilities;

E.

That, as a result of such rezoning, residential zoning classifications at the various density levels have not been applied to a satisfactory degree in proper relation or with sufficient regard to: location or size of commercial or industrial areas or uses; utilities, motorways, schools or other public facilities; timeliness of development; conservation and allocation of land resources; and other factors which should be considered in planning for the development of the county on the basis of a comprehensive rationale;

F.

That, in light of the above findings, it is in the interest of the general welfare that new zoning classifications, formulated so as to avoid such effects in future residential development, be established as hereinafter provided;

G.

That the ability to distribute density across different zone boundaries, as provided for in Bill No. 100-1970, has resulted in density patterns often unintended by the county during the comprehensive zoning map process; and

[Bill No. 2-1992]

H.

That the flexibility of density residential zoning has resulted, in some situations, in residential development that is incompatible with existing neighborhoods.

[Bill No. 2-1992]

The D.R. zoning classifications are established, pursuant to the legislative findings set forth above, in order to:

A.

Foster a greater variety in housing types within future residential developments;

B.

Allow more feasible preservation of natural features and induce the reservation of ample and more suitably designed open spaces and parks, in order to better satisfy the needs of residents without economic disadvantage to developers;

C.

Allow greater flexibility in subdivision-development planning and provide for the inducement of more creative as well as more economic approaches to residential development, with the goal of desirable and distinctive identity and character of individual residential locales;

D.

Provide the means to satisfy differing housing-market requirements without rezoning, and thus without disruptive changes in density potential;

E.

Provide for the application of residential zoning classifications in a manner more nearly in accord with comprehensive plans and comprehensive-planning goals; and

F.

Provide greater certainty about dwelling types and densities within existing communities with the goal of conserving and maintaining these areas.

[Bill No. 2-1992]

A.

Uses permitted as of right. The following uses only are permitted as of right in D.R. Zones of all classifications, subject to the restrictions hereinafter prescribed.

[Bill No. 2-1992]

1.

Dwellings as provided herein and as provided in Section 430 and subject to Section 402:

a.

In all D.R. Zones: single-family detached, semidetached or duplex dwellings.

b.

In all D.R. Zones: alternative site-design dwellings, subject to findings of compatibility pursuant to § 32-4-402 and the hearing officer's hearing under Article 32, Title 4, Subtitle 2 of the Baltimore County Code, and as provided for in the Comprehensive Manual of Development Policies.

[Bill No. 137-2004]

c.

In D.R.5.5 Zones, subject to findings of compatibility by the hearing officer: group houses and multifamily buildings.

[Bill No. 85-1997]

d.

In D.R.10.5 and D.R.16 Zones: group houses and multifamily buildings.

[Bill No. 85-1997] ^[1]

2.

Trailers or mobile homes (Section 415).

[Bill No. 27-2015]

3.

Churches, other buildings for religious worship or other religious institutions.

4.

Aboveground electrical-power, telephone, telegraph lines, except aboveground electrical power lines having a capacity of 35 kilovolts or more; pole-mounted transformers or transformer banks.

5.

Other cables; conduits; gas, water or sewer mains; or storm-drain systems, all underground.

6.

Excavations, uncontrolled (as defined in Section 101).

7.

Farms, produce stand in association with a farm, or limited-acreage wholesale flower farms (see Section 404).

[Bill No. 41-1992]

8.

Garages, community.

9.

Hospitals.

[Bill No. 37-1988]

10.

Local open space tracts or other common amenity open space.

11.

Privately sponsored day care and nursery programs, as an ancillary use, within housing for the elderly projects, as defined in Section 101 of these regulations.

[Bill No. 47-1982]

12.

Class A group child care centers and Class B group child care centers providing for up to 40 children, if not located in a residential transition area, subject to the requirements of Section 424, and family child care homes, group child care centers and nursery schools.

[Bill No. 200-1990]

13.

Research institutes or laboratories in existence at the time of the adoption of Bill No. 122-1984, subject to the zoning regulations in effect at the time of the approval by Baltimore County of the institute or laboratory.

[Bill No. 122-1984]

14.

Schools, except business or trade schools or such schools as are permitted by special exception (Subsection C, below), but including schools for agricultural training and private colleges on properties recommended for designation for institutional/educational uses in a Community Plan adopted by the County Council.

[Bill Nos. 63-1980; 47-1982; 47-1985; 90-2018]

15.

Signs, nonaccessory, to the extent permitted under Section 413.

16.

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]

17.

Transit facilities.

[Bill No. 91-1990]

18.

Accessory uses or buildings other than those permitted only by special exception, including, but not limited to:

a.

Accessory radio or television receiving antennas.

b.

Wireless transmitting and receiving structures, provided that any such structure: is a radio antenna in conjunction with transmitting and receiving facilities used by a resident amateur radio operator possessing an amateur radio operator's license issued by the Federal Communications Commission; if it is an independent structure, shall be subject to the same requirements as are applied to buildings under Section 400; if it is a rigid-structure antenna, shall be no higher than 50 feet above grade level and with no supporting structure thereof closer than ten feet to any property line; and does not extend closer to the street on which the lot fronts than the front building line. ^[2]

c.

Home occupations, as defined in Section 101. ^[3]

d.

Parking spaces, including accessory garage spaces.

e.

Offices for the conduct of business incidental to the rental, operation, service or maintenance of apartment buildings.

f.

Signs, subject to Section 450.

[Bill No. 89-1997]

g.

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

[Bill No. 71-1987]

19.

Commercial film production, subject to Section 435.

[Bill No. 57-1990]

20.

Snowball stands, permanent or temporary, in the D.R. 5.5 Zone if in existence for at least 25 years prior to the effective date of this Act and situated on property adjacent to R.O. zoned property, and with dual frontage along public roads; subject to any additional conditions and restrictions imposed and permits required by Baltimore County.

[Bill No. 88-2016 ^[4]]

21.

A Central Community Hub, in the D.R.5.5 zone, subject to the requirements set forth in Section 440 of these regulations.

[Bill No. 98-23]

22.

In D.R. 3.5 and D.R. 16 Zones, converted builder show house, provided the property is located: adjacent to York Road; north of I-695; and within 100 feet of property that is zoned B.M.

[Bill No. 81-24]

B.

Dwelling-type and other supplementary use restrictions based on existing subdivision and development characteristics.

[Bill No. 124-1981]

1.

Residential transition areas and uses permitted therein.

[Bill No. 2-1992]

a.

Definitions and purpose.

[Bill No. 2-1992]

(1)

The residential transition area (RTA) is a 100-foot area, including any public road or public right-of-way, extending from a D.R. zoned tract boundary into the site to be developed.

(2)

The purpose of an RTA is to assure that similar housing types are built adjacent to one another or that adequate buffers and screening are provided between dissimilar housing types.

b.

Generation of residential transition area. An RTA is generated if the property to be developed is zoned D.R. and lies adjacent to land zoned D.R.1, D.R.2, D.R.3.5, D.R.5.5 or R.C. which:

[Bill Nos. 2-1992; 8-2004]

(1)

Contains a single-family detached, semi-detached or duplex dwelling within 150 feet of the tract boundary; or

(2)

Is vacant, less than two acres in size, and contains a buildable area at least 20 feet by 30 feet on which a dwelling meeting all required setbacks can be erected.

c.

Variance of RTA.

[Bill No. 2-1992]

(1)

Notwithstanding the provisions of Section 307, the hearing officer, upon the recommendation of the Departments of Public Works and Transportation, Planning, Environmental Protection and Sustainability, Permits, Approvals and Inspections, Recreation and Parks, or Economic and Workforce Development, may determine the amount of RTA in cases where a single tract is more than two acres, is vacant, or contains no more than one single-family detached, semidetached or duplex dwelling.

[Bill Nos. 122-2010; 71-2013; 33-2021]

(2)

The RTA for a tract may be modified as directed by findings pursuant to § 32-4-402 and the hearing officer's hearing under Article 32, Title 4, Subtitle 2 of the Baltimore County Code. However, the hearing officer may not reduce the amount of RTA unless the officer specifically finds and determines that such a reduction will not adversely impact the residential community or development on the land adjacent to the property to be developed.

[Bill No. 137-2004]

d.

A residential transition use is any use:

[Bill No. 2-1992]

(1)

Permitted as of right under Section 1B01.1.A; or

(2)

Any use permitted by special exception under Section 1B01.1.C, except an accessory use permitted only by special exception; or

(3)

Any parking area permitted under Section 409.8.B, subject to the approval of a specific landscape plan for the buffer area which must meet the requirements for a Class A plan.

e.

Conditions in residential transition areas.

[Bill No. 2-1992]

(1)

The RTA may contain single-family detached, semidetached or duplex dwellings.

(2)

Group-house, back-to-back group houses, multifamily building and parking lots shall be set back from the tract boundary 75 feet and provide a 50-foot RTA buffer.

(3)

The 50-foot RTA buffer shall remain an upgraded, uncleared, landscaped buffer unless otherwise directed by the hearing officer, based upon recommendations of the county. It shall not contain cleared drainage areas, stormwater management ponds or accessory structures, but it may be bisected by roads, paths and trails that are designed to connect to adjoining developments.

(4)

The maximum height of any lighting fixtures in an RTA buffer area shall be 16 feet, except for public utility uses which must be of reasonable height. The fixtures shall be designed and placed so as to prevent the spillage of light into any adjoining dwelling or lot. The intensity of the fixture shall not exceed 0.2 candle at the tract boundary.

(5)

Parking lots or structures, either as principal or accessory use, whether permitted by right, special exception or pursuant to Section 409.8.B, shall provide a 50-foot buffer and 75-foot setback, and a height not to exceed 35 feet within the 100-foot transition area.

f.

Any subdivision of land or PUD that has received CRG approval or reclamation plan approval or has been accepted for filing prior to the date of adoption of Bill No. 2-92 or 3-92 is subject to the laws in effect at the time of the approval or filing.

[Bill No. 2-1992]

g.

Exceptions to residential transition. The restrictions contained in Paragraphs a through e above, of this Subsection B.1, do not apply to:

[Bill Nos. 109-1982; 40-1992]

(1)

A proposed dwelling to be placed in a RTA containing existing dwellings of the same type, or, if two or more types of dwellings exist, a proposed dwelling of the same type as the existing dwelling with the fewest number of dwelling units. Such dwellings shall be governed by the applicable laws, zoning regulations and policies otherwise applicable. As used herein, a "dwelling of the same type" means a dwelling which has the same or lesser number of dwelling units and party walls as the existing dwelling units.

[Bill Nos. 109-1982; 40-1992]

(2)

Public utility uses (except public utility service centers and storage yards). Such uses shall be governed by the provisions of Sections 411 and 502 and such other applicable sections of these regulations.

[Bill 40-1992]

(3)

Notwithstanding the provisions of Section 104, the reconstruction of an existing church, community building or other structure devoted to civic, social, recreational, fraternal or educational activity which is destroyed by fire or other casualty. However, such reconstruction may not increase the size or ground floor area of the structure or alter the location or use of the structure.

[Bill No. 40-1992]

(4)

An addition to an existing church or other building for religious worship, including parking areas and driveways, provided all other applicable zoning regulations including setback, parking and screening requirements, are maintained.

[Bill Nos. 109-1982; 40-1992]

(5)

A new church or other building for religious worship constructed on a parcel of land large enough to provide landscaped but otherwise unimproved yard areas of 100 feet between any improvement and any property line other than street frontages.

[Bill Nos. 109-1982; 40-1992]

(6)

A new church or other building for religious worship, the site plan for which has been approved after a public hearing in accordance with Section 500.7. Any such hearing shall include a finding that the proposed improvements are planned in such a way that compliance, to the extent possible with RTA use requirements, will be maintained and that said plan can otherwise be expected to be compatible with the character and general welfare of the surrounding residential premises.

[Bill Nos. 109-1982; 40-1992]

(7)

Shoreline fishing and shellfish facilities. Such uses shall be governed by the provisions of Sections 500.4, 1A01.2.C.9, 1A02.2.B.10, 1A04.2.B.7 and 1B01.1.C.8.

[Bill Nos. 109-1982; 40-1992]

(8)

An addition to an existing trailer park or mobile home park or contiguous to such park. If the park is lawfully in existence in a D.R. Zone on the effective date of this act.

[Bill Nos. 109-1982; 40-1992]

(9)

An addition to an existing community building, or other structure devoted to civic, social, recreational, fraternal or educational activity, including parking areas and driveways, provided all other applicable zoning regulations, including setback, parking, and screening requirements, are maintained.

[Bill Nos. 109-1982; 40-1992]

(10)

A new community building, or other structures devoted to civic, social, recreational, fraternal or educational activity, if the Zoning Commissioner determines during the special exception process that the proposed improvements are planned in such a way that compliance, to the extent possible with RTA use requirements, will be maintained and that the special exception can otherwise be expected to be compatible with the character and general welfare of the surrounding residential premises.

[Bill Nos. 109-1982; 40-1992]

(11)

Principal use Class A and Class B group child care centers, provided that the Zoning Commissioner determines, during the special exception process that the proposed improvements are planned in such a way that compliance with the bulk standards of Section 424.7 will be maintained and that the special exception can otherwise be expected to be compatible with the character and general welfare of the surrounding residential premises.

[Bill Nos. 200-1990; 59-1991; 40-1992]

(12)

The conversion of a dwelling to a bed-and-breakfast home, bed-and-breakfast inn or country inn pursuant to Section 402D or Section 402E.

[Bill Nos. 113-1988; 40-1992]

(13)

Notwithstanding the provisions of Section 104, the reconstruction of an existing nursing home which is destroyed by fire or other casualty. However, such reconstruction may not increase the size or ground floor area of the structure or alter the location or use of the structure.

[Bill Nos. 37-1988; 40-1992]

(14)

Transit facilities and rail passenger stations shall be exempt from the RTA requirements.

[Bill Nos. 91-1990; 40-1992]

(15)

Assisted living facilities, Class A.

[Bill No. 188-1993]

(16)

A new church building or other building for religious worship, including any required parking, driveways, stormwater management facilities, and other related infrastructure, located on a tract zoned D.R., in part, and B.R., in part, where the footprint of the building is located entirely within the B.R.-zoned portion of the tract.

[Bill No. 68-2011]

(17)

Any parking area permitted under Section 409.8.B in a Commercial Revitalization District.

[Bill No. 36-2013]

(18)

Central Community Hub.

[Bill No. 98-23]

h.

The provisions contained in Paragraphs a through e of Subsection B.1 shall not apply to existing developments as described in Subsection A.1 of Section 1B02.3, nor to subdivision tracts for which tentatively approved plans remain in effect as described in Subsection A.2 of said section.

[Bill No. 40-1992]

2.

Use regulations in existing developments. In existing developments as described in Subsection A.1 of Section 1B02.3, uses shall be limited to those now lawfully established or to those indicated in the subdivision plans on file with the Department of Permits, Approvals and Inspections, except as may otherwise be permitted under provisions adopted pursuant to the authority of Section 504.

[Bill No. 122-2010]

3.

Use regulations for existing subdivision tracts. On subdivision tracts for which tentatively approved plans remain in effect as described in Subsection A.2 of Section 1B02.3, the uses permitted shall be those indicated in the plan or, where the use is not indicated and if not inconsistent with the plan, the uses shall be those permitted under zoning regulations in effect at the time the tentative approval was granted.

C.

Uses permitted by special exception. The following uses, only, are permitted by special exception in all D.R. Zones, subject to the restrictions hereinafter prescribed:

[Bill Nos. 105-1982; 36-1988] ^[5]

1.

Camps, public or quasi-public, including day camps.

2.

Conservatories for music or other arts.

3.

Convalescent homes.

4.

Community buildings, swimming pools, commercial beaches, golf courses, country clubs or other similar civic, social, recreational or educational uses, including tennis facilities, provided that no tennis facility in a D.R.I or D.R.2 Zone shall comprise more than four courts and no tennis facility in a D.R.3.5, D.R.5.5, D.R.16 Zone shall comprise more than six courts (Section 406A).

[Bill No. 62-1978]

5.

Community care centers.

[Bill No. 142-1979]

6.

Class B group child care centers for more than 40 children subject to the standards set forth in Section 424 (family child care homes, group child care centers and nursery schools) and principal use Class A and Class B group child care centers providing for up to 40 children, if located in a residential transition area.

[Bill Nos. 200-1990; 59-1991]

7.

Excavations, controlled (see Section 403).

8.

Fishing and shellfishing facilities, shoreline Class I or Class II, except that a facility existing on July 1, 1977, may continue without a special exception if a use permit has been granted for it, provided that:

a.

The owner (or his legally authorized representative) applies for the use permit within six months hereafter (Section 500.4);

b.

With the application for the use permit is filed a site plan in accordance with the Zoning Commissioner's rules of practice and procedure; ^[6]

c.

Any fencing, screening or other change in the site or limitations on the manner of selling the catch necessary to make the facility more compatible with its surroundings that is required by the Zoning Commissioner is completed within the time limits for partial and full compliance with a program of compliance submitted to him; and

d.

No increase in the amount of floor or site area or in the number of boats devoted to the use nor any other change in the site plan is made.

[Bill No. 30-1978]

9.

Funeral establishments.

10.

Helistops.

11.

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 this occupation away from the premises of his home.

Any provision of Subsection 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 the 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]

12.

Office 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 such 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.

Poultry killing, commercial, as an accessory use on farms, only.

14.

Private colleges (not including business or trade schools), dancing schools, dormitories or fraternity or sorority houses.

[Bill No. 47-1985]

15.

Public utility uses other than those permitted as of right, but excluding steam power plants, service centers and storage yards.

16.

Public utility service centers.

17.

Public utility storage yards.

18.

Radio studios.

19.

Rail passenger stations, subject to Section 434.

[Bill No. 91-1990]

20.

Television studios.

21.

Tourist homes.

22.

Veterinarians' offices.

23.

Volunteer fire company stations.

24.

Wireless telecommunications towers, subject to Section 426.

[Bill No. 30-1998] ^[7]

D.

The following provision, which was enacted by Bill No. 140-1962, took effect on November 17, 1962, and was heretofore designated as Subsection 200.16 of these Zoning Regulations, is reenacted without amendment, and nothing in this article shall be construed to abrogate its effect:

Junkyards and open dumps as defined in Section 101. Any existing junkyards in this (R.40) or any other residential zone, and any existing open dumps in any zone shall be completely eliminated not later than two years after the date of effectuation of this amendment.

[Bill No. 140-1962]

E.

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

[Bill No. 52-2019]

A.

Density controls.

1.

Application of maximum density standards to tract in one zone. The maximum gross residential density permitted in any one D.R. Zone shall control only as applied to the total gross residential acreage within a subdivision tract, and shall not apply to or establish minimum areas of lots created by subdivision within such tract.

2.

Application to tract divided by zone boundary. In D.R.10.5, D.R.16 or in any nonresidential zone which allows residential development, wherever a single tract is divided by a zone boundary so that portions of such tract lie within D.R. Zones of different classification, the total number of dwelling or density units permitted, as determined by multiplying the gross acreage of each portion by the maximum density permitted under Section 1B02.2 in the zone within which that portion lies and totaling the results, shall be permitted without further regard to the zone boundary, and the units may be distributed over the tract as though it were in a single zone.

[Bill No. 2-1992]

B.

Bulk regulations.

[Bill No. 2-1992]

1.

Detached and attached buildings. In the application of the provisions of this article, buildings shall be considered as detached if there are no above-grade structural connections between them. If buildings are, in fact, structurally connected above grade, they shall be considered as mutually attached buildings if divided by lot lines, or as one building if situated on a single lot.

2.

Building lengths. The building lengths are described in the Comprehensive Manual of Development Policies in accordance with Section 504.2 of these regulations. Notwithstanding anything contained in the Comprehensive Manual of Development Policies to the contrary, buildings associated with a school are not subject to any restrictions on maximum building length.

[Bill No. 74-2021]

3.

Building height. In D.R.16, any new noncommercial building where the lot area is greater than four acres, the property boundary is within one mile of a public school that is over 105 percent State-rated capacity, and the property is in or within 1,000 feet of a Tier II growth area shall not exceed a maximum height of 30 feet.

[Bill No. 54-2019^[8]]

C.

Building setback requirements.

[Bill No. 2-1992]

1.

Except as otherwise may be provided under standards adopted pursuant to Section 504.2, the minimum setbacks and heights shall be as set forth in the following tables:

a.

Nonresidential principal building setbacks in DR Zones.

b.

Single-family detached, two-family alternative site design dwellings.

[Bill No. 75-2010]

c.

Group house (except back-to-back group house).

d.

Back-to-back group houses.

e.

Multifamily buildings.

2.

Under the provisions adopted pursuant to the authority of Section 504.2, development in D.R. Zones may be made subject to additional standards of lot area, yard space, open-space distribution, 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.

3.

Local open space. Local open space tracts in D.R. Zones shall be designed, established and maintained in accordance with the standards, guidelines and procedures set forth in the Baltimore County Local Open Space Manual as enabled in § 32-4-404 of the Baltimore County Code. ^[10]

[Bill No. 137-2004]

4.

Group house minimum widths.

A.

The minimum width of a single-family group house may not be less than 20 feet unless the group house is:

(1)

Approved through the planned unit development process as part of a resolution authorizing the continued review of the planned unit development under Section 32-4-242(D) of the Baltimore County Code; or

(2)

Located within a growth Tier 1 designated area and complies with the conditions set forth in subparagraph b of this subsection.

B.

The minimum width of any single-family group house shall be 16 feet or wider and the development plan shall meet the following conditions:

(1)

A good faith effort shall be made for the group houses to have a mixture of different widths and square footage across the site; and

(I)

There shall be a set-aside, encumbered by a recorded deed restriction, of at least ten percent of the total number of single-family group houses in the development for households with an income at or below 120 percent of the area median income for the Baltimore County region.

(II)

The set-aside units shall be:

(1)

Compatible in exterior design, scale and appearance with other units in the proposed development;

(2)

Spread throughout the development;

(3)

Not clustered in one or more areas;

(4)

Equivalent in floor area to the non-set-aside units of the same width; and

(5)

Comparable to the market rate units in the same project as to number of bedrooms, overall quality of construction, and consistent with standards set forth in the applicable county housing, building, fire, energy efficiency, plumbing, and design laws, codes, rules, guidelines, manuals, and regulations.

C.

A development plan that proposes a single-family group house less than 20 feet in width may not be granted waivers or variances solely due to the reduction in width to less than 20 feet from:

(1)

Building height and setback requirements; or

(2)

Landscaping, local open space, or environmental area requirements.

[Bill No. 6-23 ]

A.

Development plants.

1.

Purpose. This paragraph is intended:

a.

To provide for the disclosure of development plans to prospective residents and to protect those who have made decisions based on such plans from inappropriate changes therein; and

b.

To provide for review of residential development plans to determine whether they comply with these regulations and with standards and policies adopted pursuant to the authority of Section 504.

2.

Partial development plan. For the purposes of this article, a "partial development plan" is a portion of a final development plan, and a partial or final development plan is "applicable" to a given lot if it covers all property in the subdivision within 300 feet of the given lot, in addition to the lot itself.

3.

Subdivision lot sales, development and use subject to partial development plan. No interest in any lot which is in a D.R. Zone and is hereafter created by subdivision of a record lot existing on the effective date of this article or created by consolidation of such lots may be sold unless a final or partial development plan applicable to the lot has been approved as required under Paragraph 6, below; further, no use may be established and no construction may take place on any lot so created except in accordance with such a plan. The provisions of this paragraph shall not apply to Class A assisted living facilities.

[Bill No. 188-1993]

4.

Notice in conveyance. Any party who sells an interest in real property within an area covered by an approved partial or final development plan shall attach to the instrument of sale a notice directing the buyer's attention to the plan (including any amendment) and listing the location of the various certified copies which may be publicly inspected (Paragraph 6), together with a listing of the recorded plats covering all portions of the subdivision as a whole. The notice shall also generally apprise the buyer of the rights, requirements and remedies provided under the development plan, those provided under this article and these zoning regulations in general, and those set forth in provisions adopted pursuant to the authority of Section 504, and, to this end, the notice shall be on a form issued by the county and approved by the Office of Law, the Zoning Commissioner, and the Planning Board as being clear and sufficient for the purpose.

5.

Forms and content of plans.

a.

Forms. Each partial development plan must be filed both as a separable document or set of documents and as part of a final development plan which includes all partial development plans as approved for other portions of the subdivision. Upon approval, each final development plan thus filed supersedes previous final development plans of the subdivision.

b.

Content. Each partial and final development plan must show: the locations, types and exterior dimensions of all proposed structures and all existing structures to be retained; generalized floor plans to scale; layout of parking facilities; streets and drives giving access to and lying within the tract; existing topography and major vegetation; proposed grading; common amenity open space (including local open space); all additional information that may be required under procedures adopted pursuant to the authority of Section 504; and all additional information which is necessary, as determined by the Director of Permits, Approvals and Inspections, to ascertain whether the project will comply with the zoning and subdivision requirements of Baltimore County. The plan shall contain the note that landscaping and screening shall conform to the standards contained in the Baltimore County Landscape Manual adopted pursuant to § 32-4-404 of the Baltimore County Code.

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

6.

Initial review and approval procedure. Procedural steps and requirements in the submission and review of various preliminary versions of partial and final development plans shall be as established provisions adopted pursuant to the authority of Section 504 or, in the absence of such provisions, as established by the Department of Planning. In formulating such steps and requirements, the Planning Board or the Department of Planning shall effect maximum coordination between the integration with similar and related steps and requirements in the submission and review of plans pursuant to the subdivision regulations. If the partial and final development plans for a subdivision are approved by the Zoning Commissioner as complying with the zoning regulations, approved by the Director of Planning as being consistent with the subdivision regulations and any subdivision plans filed pursuant thereto, and approved in such other manner as may be prescribed under provisions adopted pursuant to the authority of Section 504, copies of the plans, certified by the Zoning Commissioner and the Director of Planning as having been so approved, shall be filed with such county or state agencies as they may direct and as may otherwise be required, and shall be retained in the files of the Department of Planning, including the files of the Zoning Commissioner.

[Bill No. 55-2011]

7.

Amendment of approved development plans. After partial or final development plans have been approved as provided under Paragraph 6, preceding, they may be amended only as provided below:

a.

Amendment prior to sale of interest in nearby property. The development plans may be amended by simple resubmission, or by the submission of appropriate documents of revision, subject to the same requirements as are applied to original plans, if there is no change with respect to any lot, structure or use within 300 feet of a lot or structure which has been sold since the original plans were filed.

b.

Amendment after sale of interest in nearby property or upon demand for hearing. In the case of an amendment not allowed under Subparagraph a, by reason of sale of property within the area, or in case of a demand for hearing by an eligible individual or group, the plans may be amended through special exception procedures, in the manner provided under Section 502 and subject to the following provisions:

(1)

The amendment must be in accord with the provisions of the Comprehensive Manual of Development Policies and with the specific standards and requirements of this article, as determined by the Department of Planning. The Director, on behalf of the Planning Board, shall notify the Zoning Commissioner accordingly.

[Bill Nos. 29-1995; 55-2011]

(2)

Only an owner of a lot abutting or lying directly across a street or other right-of-way from the property in question, an owner of a structure on such a lot, or a homes association (as may be defined under the subdivision regulations or under provisions adopted pursuant to the authority of Section 504) having members who own or reside on property lying wholly or partially within 300 feet of the lot in question are eligible to file a demand for hearing.

[Bill No. 29-1995]

(3)

It must be determined in the course of the hearing procedure that the amendment would be consistent with the spirit and intent of the original plan and of this article.

[Bill No. 29-1995]

c.

Amendment upon request by owner of lot within subdivision. The Zoning Commissioner may, without a public hearing but with the concurrence of the Director of Planning, amend the plans with respect to a structure on an individual lot created under the plans and used according to the purpose stated therein, or with respect to such lot, at the request of the lot owner, under the following requirements and conditions:

(1)

Reasonable notification, by a standard method established pursuant to the authority of Section 504 and approved by the County Attorney, must be given to the occupants and owners of all real property which is fully or partially situated within 300 feet of the lot in question.

(2)

It must be determined that a formal demand for hearing by an eligible individual or group, as described in Paragraph b, has not been filed.

(3)

It must be determined that standards adopted under the authority of Section 504, in addition to the specific requirements under these regulations, will not be violated by the amendment.

(4)

The Zoning Commissioner and the Director of Planning must certify that the amendment is in keeping with the spirit and intent of this article and other Baltimore County land use and development requirements administered by them, and both must certify that the amendment does not violate the spirit and intent of the original plan.

d.

Any amended development plan and any document of amendment of such a plan must be filed with all agencies or officials with whom copies of the original plan have been filed pursuant to paragraph above, and no amendment takes effect otherwise.

B.

Final subdivision plat.

1.

Purpose. Pursuant to the regulations for D.R. Zones, a portion of a tract of land may be subdivided for development at a higher residential density than the maximum average density permitted, lessening the permitted density of development on the remainder of the tract; or a portion of the tract may be subdivided for development at less than the maximum average density, thus increasing the density at which the remainder of the tract may be developed (Section 1B01.2.A). It is the purpose of this paragraph to assure that these factors will be identified in the sale of any portion of a development tract in a D.R. Zone and, in particular, to prevent the unknowing purchase of a tract which, as a result of such prior subdivision, may not itself be developed at the average gross density specified in the regulations.

2.

Effect. No subdivision of a tract or a portion of a tract may be created after the effective date of this article, except as otherwise provided under Section 1B02.3.A.2 unless the final subdivision plat therefore contains a summary showing the total number of dwelling or density units allowed for the entire tract under the applicable D.R. Zones. The summary shall indicate, as appropriate, the number of dwelling or density units utilized by previous final subdivision plats for portions of the same tract, the number of dwelling or density units contained in the current subdivision plat, and the balance of dwelling or density units allowed for the remainder of the tract under the applicable D.R. Zone(s). It is the intent of these zoning regulations to prohibit subdivision or resubdivision of portions of a tract in a D.R. Zone in a manner so as to exceed the total number of dwelling or density units allowed under the applicable D.R. Zone(s) for the entire tract.

[Bill Nos. 91-1974; 31-1978; 32-1978; 142-1979 ^[11]

The following uses are permitted in D.R. Zones either as of right or special exception, in accordance with the schedule below, wherein the abbreviations and symbols shall be interpreted as follows:

A.

Dwellings. The maximum gross residential densities and height of dwellings shall be as prescribed in the table below; provided, however, that higher or additional standards for the provision of other amenity open space, standards and methods for the inclusion and equitable apportionment of public amenity open space within the calculations of gross areas of tracts abutting the open space, and standards providing for greater heights of buildings in appropriate circumstances, all as more particularly set forth in Section 504, shall control when adopted pursuant to the authority of said section.

[Bill Nos. 5-1979; 80-1981; 156-1983; 26-1988; 36-1988; 19-2004 ^[14]]

B.

Other principal uses. Density, bulk and open space regulations, standards or controls for principal uses other than dwellings within zones of different classification shall be governed by provisions adopted pursuant to the authority of Section 504.

[Bill No. 26-1988] ^[15]

A.

In D.R. Zones, contrary provisions of this article notwithstanding, the provisions of or pursuant to this subsection shall apply to the use, occupancy and development of; alteration or expansion of structures upon; and administrative procedures with respect to:

1.

Any lot which is in a recorded residential subdivision approved by the Baltimore County Planning Board or Planning Commission and which has been used, occupied or improved in accordance with the approved subdivision plan;

2.

Any land in a subdivision tract which was laid out in accordance with the regulations of residence zoning classifications now rescinded, for which a subdivision plan tentatively approved by the Planning Board remains in effect and which has not been used, occupied or improved in accordance with such plan;

3.

Any lot or tract of lots in single ownership which is not in an existing development or subdivision, as described in Subsection A.1 or A.2, and which is too small in gross area to accommodate six dwelling or density units in accordance with the maximum permitted density in the D.R. Zone in which such tract is located;

4.

Any lot or tract of lots in single ownership which is not in an existing development or subdivision, as described in Subsection A.1 or A.2, and which is less than one-half acre in area, regardless of the number of dwelling or density units permitted at the maximum permitted density in the zone in which it is located; or

5.

Any lot or tract of lots in single ownership which is in a duly recorded subdivision plat not approved by the Baltimore County Planning Board or Planning Commission.

B.

Standards applicable to existing developments, etc. The minimum standards for net area, lot width, front yard depth, single-side-yard width, sum of widths of both side yards, rear yard depth and height with respect to each use in a development described in Subsection A.1 above, shall be as prescribed by the zoning regulations applicable to such use at the time the plan was approved by the Planning Board or Commission; however, the same or similar standards may be codified under Section 504, and these standards shall thereupon control in such existing developments. Development of any subdivision described in Subsection A.2 shall be in accordance with the tentatively approved subdivision plan therefor. Standards for development of lots or tracts described in Subsection A.3, A.4 or A.5 shall be as set forth in Subsection C below.

C.

Development standards for small lots or tracts.

1.

Any dwelling hereafter constructed on a lot or tract described in Subsection A.3 or A.4 shall comply with the requirements of the following table:

2.

Other standards for development of small lots on tracts as so described shall be as set forth in provisions adopted pursuant to the authority of Section 504.

D.

An amendment to any part of a development plan involving only property subject to the provisions of this subsection shall not be subject to the provisions of Section 1B01.3.A.7.

E.

Notwithstanding any provision of these regulations to the contrary, the bulk regulations and building setback requirements applicable to an approved development plan for a condominium regime shall be the only bulk regulations and building setback requirements applicable to a subsequent conversion of the entire condominium regime, or a portion thereof, to individual lots of record, so long as the approved condominium regime is located on a lot, tract, or parcel zoned D.R.3.5, D.R.5.5, D.R.10.5, and/or D.R.16 that is within the Chesapeake Bay Critical Area.

[Bill Nos. 78-2010; 71-2011]