[Bill No. 100-1970]

[Bill Nos. 100-1970; 26-1988]

[Bill No. 170-1991^[6]]

[Bill No. 186-1994]

[Bill No. 13-1980^[7]]

[Bill No. 167-1980^[10]]

[Bill Nos. 167-1980^[12]221-1980]

[Bill No. 186-1994^[13]]

[Bill Nos. 167-1980^[14]

[Bill Nos. 34-1984^[16]; 186-1994]

[Bill Nos. 46-1992; 186-1994]

[Bill Nos. 149-1992; 136-1996]

[Bill No. 149-1992]

[Bill No. 149-1992]

[Bill No. 149-1992]

[Bill No. 149-1992]

[Bill No. 149-1992]

[Bill No. 149-1992]

[Bill No. 149-1992]

[Bill No. 149-1992]

[Bill No. 149-1992]

[Bill No. 136-1997]

[Bill No. 136-1997]

[Bill No. 136-1997]

[Bill No. 136-1997]

[Bill No. 86-1994]

A.

The existing commercial districts for use within the urban-rural demarcation line (A.S., C.C.C. and C.T.) and the underlying Business Zones (B.L., B.M. and B.R.) allow for a wide range of uses which in design, scale, intensity, use or traffic generation can be disruptive to communities.

B.

The Master Plan calls for a neighborhood business zone that could promote the development of attractive, convenient commercial centers designed to meet the daily shopping needs of community residents.

C.

The Master Plan also cites a need to upgrade the appearance of the county's major commercial corridors through new regulatory standards to be applied as older parts of the county are redeveloped.

[BCZR 1955]

[Bill No. 7-1962^[30]]

[BCZR 1955]

Minimum requirements, except as provided in Article 3, shall be as follows:

[Bill Nos. 111-1968; 100-1970^[34]; 26-1988]

Contrary provisions of these zoning regulations notwithstanding, the regulations of this section shall apply in C.C.C. Districts superimposed upon B.L. Zones. (All aspects of matters not governed by the following provisions of this section shall be governed by all other applicable provisions of these zoning regulations.)

[Bill Nos. 111-1968, Section 232A; 100-1970; 115-1982; 26-1988; 36-1988]

Notwithstanding other provisions of these zoning regulations to the contrary, the following regulations shall apply in C.T. Districts superimposed upon B.L. Zones. (All aspects of matters not governed by the following provisions of this subsection shall be governed by all other applicable provisions of these zoning regulations.)

[Bill No. 111-1998^[35]]

Notwithstanding other provisions of these zoning regulations to the contrary, if the exterior wall of any proposed building located on a B.L. lot is within 750 feet of an R.C. Zone, the provisions of this section apply to the entire lot. The provisions of this section do not apply if, as of October 5, 1998, the lot is governed by a C.R., I.M., C.T. or C.C.C. District or is located in a planned unit development or in the White Marsh or Owings Mills growth areas. (All aspects not governed by the provisions of this section are governed by all other applicable provisions of these zoning regulations.)

[BCZR 1955]

[BCZR 1955]

[BCZR 1955]

Minimum requirements, except as provided in Article 3, shall be as follows:

[Bill Nos. 111-1968; 100-1970^[47]; 26-1988; 36-1988]

Contrary provisions of these zoning regulations notwithstanding, the regulations of this section shall apply in C.C.C. Districts superimposed upon B.M. Zones. (All aspects of matters not governed by the following provisions of this section shall be governed by all other applicable provisions of these zoning regulations.)

[Bill Nos. 111-1968; 100-1970; 115-1982; 26-1988; 36-1988; 35-2019]

Notwithstanding other provisions of these zoning regulations to the contrary, the following regulations shall apply in C.T. Districts superimposed on B.M. Zones, and shall also apply to all property zoned B.M. or B.M.-C.T. and located within a Commercial Mixed Use Focal Point in the Hunt Valley/Timonium Master Plan as of July 1, 2019. (All aspects of matters not governed by the following provisions of this subsection shall be governed by all other applicable provisions of these zoning regulations.)

[Bill Nos. 111-1998^[49]; 79-2012; 53-2016]

Notwithstanding other provisions of these zoning regulations to the contrary, if the exterior wall of any proposed building located on a B.M. lot is within 750 feet of an R.C. Zone, the provisions of this section apply to the entire lot. The provisions of this section do not apply if, as of October 5, 1998, the lot is governed by a C.R., I.M., C.T. or C.C.C. District, or if, at the time of the approval request, the lot is located in a planned unit development, the C.T. District of Hunt Valley, or a C.C.C. District within Bare Hills Village in the Ruxton, Riderwood, and Lake Roland area, or in the White Marsh or Owings Mills growth areas. (All aspects not governed by the provisions of this section are governed by all other applicable provisions of these zoning regulations.)

[BCZR 1955]

[BCZR 1955]

[BCZR 1955]

Minimum requirements, except as provided in Article 3, shall be as follows:

[Bill Nos. 111-1968; 100-1970 ^[59]; 26-1988; 36-1988]

Contrary provisions of these zoning regulations notwithstanding, the regulations of this section shall apply in C.C.C. Districts superimposed upon B.R. Zones.(All aspects of matters not governed by the following provisions of this section shall be governed by all other applicable provisions of these zoning regulations.)

[Bill Nos. 111-1968, 100-1970; 115-1982; 26-1988; 36-1988]

Notwithstanding other provisions of these zoning regulations to the contrary, the following regulations shall apply in C.T. Districts superimposed upon B.R. Zones and shall also apply to property that is zoned B.R. and, as of the date of submission of a concept plan, is: (1) Within an employment center as designated on the Land Management Area Map in the Master Plan 2020; (2) Is located within 500 feet of a right-of-way associated with I-695 (Baltimore Beltway); and (3) Does not abut a property containing a single-family dwelling (hereinafter "Specified B.R. Zoned Property")(All aspects of matters not governed by the following provisions of this subsection shall be governed by all other applicable provisions of these zoning regulations.)

[Bill No. 76-22]

[Bill Nos. 111-1998^[60]; 68-2011]

Notwithstanding other provisions of these zoning regulations to the contrary, if the exterior wall of any proposed building located on a B.R. lot is within 750 feet of an R.C. Zone, the provisions of this section apply to the entire lot. The provisions of this section do not apply (a) if, as of October 5, 1998, the lot is governed by a C.R., I.M., C.T. or C.C.C. District or is located in a planned unit development or in the White Marsh or Owings Mills growth areas, or (b) if the proposed building is a new church or other building for religious worship to be located no closer than 150 feet to the R.C. Zone. (All aspects not governed by the provisions of this section are governed by all other applicable provisions of these zoning regulations.)

[BCZR 1955; Bill No. 56-1961]

[BCZR 1955, Section 250; Bill No. 56-1961]

[BCZR 1955, Section 251; Bill No. 56-1961]

[BCZR 1955, Section 252; Bill No. 56-1961]

Minimum requirements, except as provided in Article 3, shall be as follows:

[Bill No. 56-1961]

[Bill No. 56-1961]

[Bill No. 56-1961]

[Bill No. 56-1961]

Minimum requirements, except as set forth in Section 301, shall be as follows:

[Bill No. 56-1961^[69]]

[Bill No. 56-1961^[70]]

[Bill No. 100-1970^[71]]

[BCZR 1955; Bill No. 56-1961 ^[91]]

[BCZR 1955; Bill Nos. 56-1961; 85-1967]

[BCZR 1955]

[BCZR 1955^[103]]

[BCZR 1955; Bill Nos. 56-1961; 85-1967]

[Bill No. 40-1967]

[Bill Nos. 34-2001; 58-2001^[117]]

SCHEDULE OF SPECIAL EXCEPTIONS²
(See Section 502)
[BCZR 1955¹]

NOTES TO SECTION 270

* If so permitted under, and except as otherwise provided, in, Section 405. [Bill No. 40-1967] (This note applies only to those entries marked with asterisks in the line beginning "Automotive service station.")

* On farm only—that is, 3 acres or more. [BCZR 1955] (This note applies only to those entries marked with asterisks in the line beginning "Poultry, commercial killing of".)]

+ Special exception only when explosives are used, otherwise permitted without special exception. [BCZR 1955]

_____

1. Unless otherwise noted, all entries in this section are from BCZR 1955. An original entry for "Filling station..." was repealed by Bill No. 40-1967, and an entry for "Open dump..." was repealed by Bill No. 140-1962.

2 No resolution or bill has established columns in the table for the R.C., R.A.E.1, R.A.E.2, R-O, R-O-A, OR-1, OR-2, 0-3, O.T., S.E., B.M.M., B.M.B., B.M.Y.C., C.B., B.L.R. or M.L.R. zone classifications. For special exceptions in those zones, see the appropriate section in Articles 1A and 2 of these regulations. Enacted bills have purported to "amend" a column for the M.L.R. classification, however; and to reflect the entries established by those bills, such a column has been shown in the table as published here. The Zoning Regulations do not provided for the granting of special exceptions in M.R. zones under this or any other section.

3 The R.40, R.20, R.10, R.6, R.G. and R.A. classifications have been superseded by the D.R. classifications. See Section 100.3A and Article 1B.

4 This use is listed in Section 253.2.A, as amended after the enactment of this entry, among uses permitted by special exception in the M.L. Zone. (See Section 253.5 regarding conflicts between Sections 270 and 253.)

5 This use is listed in Section 253.2.C, as amended after the enactment of this entry, among uses permitted by special exception in the M.L. Zone. (See Section 253.5 regarding conflicts between Sections 270 and 253.)

6 [Bill No. 85-1967]

7 These uses are not listed in Section 253, as amended after the enactment of this entry, among uses allowable in the M.L. Zone. (See Section 253.5 regarding conflicts between Sections 270 and 253.)

8 This use is listed in Section 1B02.1, as enacted after the enactment of this entry, among uses permitted by special exception in the D.R.2 Zone, which has superseded the R.20 classification (see Section 100.3A).

9 This use is not listed in Article 1B, as enacted after the enactment of this entry, among uses allowable in the D.R.5.5 Zone, which has superseded the R.6 classification (see Section 100.3A). Section 1B02.1 indicates that this use is prohibited in the D.R.5.5 Zone.

10 This use is listed in Section 1B02.1, as enacted after the enactment of this entry, among uses permitted by special exception in the D.R.16 Zone, which has superseded the R.A classification (see Section 100.3A).

11 [Bill No. 40-1967]

12 See Section 405.

13 See Section 408B.

14 [Bill No. 64-1963]

15 [Bill No. 108-964]

16 This use is listed in Section 253.2.B, as amended after the enactment of this entry, among uses permitted by special exception in certain locations in the M.L. Zone. (See Section 253.5 regarding conflicts between Sections 270 and 253.)

17 This use is listed in Section 1B01.1.C, as enacted after the enactment of this entry, among uses permitted by special exception in all D.R. Zones, which have superseded the R classifications (see Section 100.3A).

18 Apparently conflicts with Section 253, as amended after the enactment of this entry. (See Section 253.5 regarding conflicts between Sections 270 and 253.)

19 This line was added by Resolution, November 21, 1956. No column entries were established by that resolution for the B.L., B.M., B.R., M.L. or M.H. Zones. This use is listed as permitted as of right in B.L. Zones and is, therefore, permitted as of right in B.M. and B.R. Zones under Sections 233.1 and 236.1, respectively. The use is not listed in Section 253 among uses allowable in M.L. Zones nor listed in Section 256 among uses allowable in M.H. Zones.

20 [Resolution, November 21, 1956]

21 In Article 1B, enacted after the enactment of this entry, "Elevator apartment," as such, is not a specifically listed use, but multifamily dwellings are permitted as of right in certain D.R. classifications, which have superseded R classifications (see Section 1B01.1). "Accessory business uses" are not listed in Article 1B among uses allowable under any of the D.R. classifications.

22 Both apartments and (specified) business uses are permitted as of right in the same building in C.C.C. and C.T. Districts superimposed upon B Zones under Sections 230, 232A, 232B, 233, 235A, 235B, 236, 238A and 238B, as amended or enacted after enactment of this entry.

23 This use is not listed in Section 230, as amended after the enactment of this entry, among uses permitted as of right under the B.L. Zone. It is listed in Section 230.13 as permitted by special exception under that classification.

24 This use is not listed in Section 253, as amended after the enactment of this entry, among uses permitted as of right in the M.L. Zone. It is listed in Section 253.2.B as permitted by special exception under that classification. (See Section 253.5 regarding conflicts between Sections 270 and 253.)

25 One of the uses listed under Section 256.4 is "Excavations, controlled, when explosives are used..."; however, "Excavations, controlled, involving the use of explosives..." constitutes a use permitted by special exception in the M.L. Zone, under Section 253.2.A (Item 3), enacted after the enactment of the table entry. (See Section 253.5 regarding conflicts between Sections 270 and 253.)

26 Section 4 of Bill No. 85-1967 purports to provide for the deletion of an entry for "Heliport" (without reference to type); actually, no such entry appears in BCZR 1955, and there is no record of any resolution or bill adding such an entry. Such an entry was, however, erroneously printed in the 1963 Edition of the amended Zoning Regulations.

27 This use is apparently permitted as of right, in certain circumstances, in D.R.1 and D.R.5.5 Zones, under Section 420.

28 This use is not specifically listed in Section 248 among uses allowable in the M.L.R. Zone.

29 "Hospitals...", with no reference as to class, are listed in Section 1B01.1.A, as enacted after the enactment of this entry, among uses permitted as of right in all D.R. Zones, which have superseded the R classifications (see Section 100.3A). For provisions relating to the question of whether and how this use may be permitted in B Zones, see Sections 230.1, 233.1, 236.1 and 236.4. See also Section 408A.

30 This use is listed in Section 253.1.G, as amended after the enactment of this entry, among uses permitted by right in certain locations in the M.L. Zone. (See Section 253.5 regarding conflicts between Sections 270 and 253.)

31 See Section 1B01.1.A.13. Bill No. 122-1984 repealed this use as a special exception in D.R. Zones and also repealed former Section 418, Research Institutes and Laboratories.

32 See also Section 253.1.F (Item 2) and Section 256.1, regarding certain types of living quarters allowable in M.L. and M.H. Zones, respectively.

33 Bill No. 179-1995 repealed marinas from the list of special exception uses in all D.R. Zones. See Section 1B01.1.C.

34 This use is not specifically listed in Article 1B, as enacted after the enactment of this entry, among uses allowable in any of the D.R. Zones, which have superseded the R classifications (see Section 100.3A).

35 This use is not specifically listed in Section 230, 233 or 236 among uses allowable in B Zones. However, it would appear that a "boatyard" may include a "marine railway" (see entries in Sections 101 and 248.4.A), and "boatyard" is listed in Section 233.2 among uses permitted as of right in B.M. Zones and is, under Section 236.1, therefore permitted as of right in B.R. Zones (all of those provisions being consistent with the entry for "Boatyard" in this table).

36 This use is not specifically listed in Section 256 among uses allowable in M.H. Zones, but "boatyard" (see Note 35 above) is listed in Section 256.1 (and in this table) as permitted as of right in M.H. Zones.

37 This use is listed in Section 1B01.1.C, as enacted after the enactment of this entry, among uses permitted by special exception in all D.R. Zones, which have superseded the R classifications (see Section 100.3A).

38 [Resolution, August 23, 1955]

39 Subsection 200.15 (BCZR 1955) repealed by Bill No. 100-1970. The entry referred to read: "Public utility uses other than those noted in Section 200.11 (see Section 411)." Section 200.11 was also repealed by Bill No. 100-1970. See Section 230.13.

40 This use is not listed in Section 253, as amended after the enactment of this entry, among uses permitted as of right in the M.L. Zone. It is listed in Section 253.2.C among uses permitted by special exception under that classification. (See Section 253.5 regarding conflicts between Sections 270 and 253.)

41 This use is not listed in Section 256 among uses allowable in M.H. Zones.

42 This use is listed in Section 1B02.1, as enacted after the enactment of this entry, among uses permitted by special exception in the D.R.2, D.R.3.5 and D.R.16 Zones, which have superseded the R.20, R.10 and R.A. classifications (see Section 100.3A).

43 [Bill No. 145-1962]

44 See discrepancy in Section 236.4 and footnote for the entry entitled "Signs, outdoor advertising, subject to Section 450."

45 This use is not listed in Article 1B, as enacted after the enactment of this entry, among uses allowable in any of the D.R. Zones, which have superseded the R classifications (see Section 100.3A).

46 Bill No. 30-1998 substantially amended the title of this use, as allowed in various zones. See the use regulations for each zone and also Section 426.5.

47 Editor's Note: Pursuant to Bill No. 27-2015, and as confirmed by the County Attorney, the term "trailer park" should now read "mobile home park."

48 This use is listed in Section 253,2.A, enacted after the enactment of this entry, among uses permitted on a limited basis by special exception in the M.L. Zone. (See Section 253.5 regarding conflicts between Sections 270 and 253.)

A.

Statement of legislative policy. R.A.E.1 Zones provide for development of elevator-apartment buildings at moderate density. These zones may be situated only near adequate community or town-center commercial facilities, particularly within convenient walking distance thereof. It is not intended that any R.A.E.1 Zones shall be established in such proximity or relation to an interchange that undue congestion would occur as a result of development within the zone. The regulations are intended to encourage the best possible building designs and site planning.

B.

Location requirement. Any R.A.E.1 Zone must be:

1.

Entirely located within 1,000 feet of a C.C.C. District or within town center, as defined in Section 101; OR

2.A.

Located inside the URDL; and

 B.

Within 2,000 feet of a business zone, including only the B.l., B.R., B.M., C.B., or B.L.R. Zones, that abuts a state highway.

[Bill No. 32-24]

A.

Uses permitted. The following uses, only, are permitted:

1.

Apartment buildings.

2.

Offices: business, professional, governmental or institutional, in any apartment building of 25 or more dwelling units, with no accessory storage of merchandise (goods for sale), subject to the limitations of Subsection B.

3.

The following retail or service uses, in any apartment building of 50 or more dwelling units, subject to the limitations of Subsection B:

(1)

Barbershops.

(2)

Beauty shops.

(3)

Catering establishments, in any apartment building of 150 or more dwelling units. ^[2]

(4)

Delicatessens.

(5)

Drugstores.

(6)

Florist shops.

(7)

Food stores.

(8)

Health clubs.

(9)

Laundromats, retail laundry and dry-cleaning collection and distribution stations, or dry-cleaning and pressing establishments.

(10)

Newsstands.

(11)

Opticians' offices.

[Bill No. 37-1988]

(12)

Package goods stores for the sale of alcoholic beverages. ^[3]

(13)

Standard restaurants, with no dancing or live entertainment permitted.

[Bill No. 110-1993]

(14)

Carry-out restaurants.

[Bill No. 110-1993]

(15)

Shoe-repair shops.

(16)

Tailor or dressmaking shops, for custom work or repairs.

(17)

Telegraph offices.

(18)

Transit facilities.

[Bill No. 91-1990]

(19)

Rail passenger station, subject to Section 434.

[Bill No. 91-1990]

4.

Public-utility uses permitted in D.R. Zones:

a.

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]

b.

Elderly housing facilities.

[Bill No. 36-1988]

c.

Commercial film production, subject to Section 435.

[Bill No. 57-1990]

5.

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

a.

Home occupations, but with no signs permitted.

b.

Service or recreational facilities for the occupants of the buildings and their guests.

B.

Supplementary use regulations.

1.

The total floor area devoted to uses permitted under Paragraphs 2 and 3 of Subsection A shall not exceed ten percent of the gross floor area of any building in which they are located. Further, the total floor area occupied by uses permitted under said Paragraph 3 shall not exceed five percent of the gross floor area of such building.

2.

No individual use permitted under Paragraph A.3 shall occupy more than 600 square feet of gross floor area, except, however, that this limitation shall not apply to the following:

a.

Food stores, which shall not, however, occupy more than 5,000 square feet of floor area in any building.

b.

Restaurants.

[Bill No. 37-1988]

3.

Entrances. No exterior entrance shall be permitted for any use permitted under Paragraph 2 or 3 of Subsection A. An entrance to a separate commercial or office lobby to serve such uses from within the building shall not be considered an exterior entrance within the meaning of the term as used in this paragraph.

4.

Sign and display regulations. Signs are permitted, subject to Section 450.

[Bill No. 89-1997]

A.

Height regulations.

1.

This subparagraph applies only to a building in the R.A.E.1 Zone permitted under § 200.1.B.1. No building shall exceed a height of 85 feet above the average grade level of the street line or the building foundation line, whichever is higher. Further, the minimum height of any apartment building shall be 52 feet above the higher of such average grade levels, except that buildings containing in the aggregate not more than 20 percent of the total number of dwelling units on a lot may be of lesser height.

2.

This subparagraph applies only to a building in the R.A.E.1 Zone permitted under § 200.1.B.2. no building shall exceed a height of five stories.

[Bill No. 32-24]

B.

The average width of any elevation of a building of seven or more stories shall not exceed three times the average height of such elevation.

C.

Minimum yard requirements and building location requirements.

1.

No building shall be located less than 90 feet from the center line of any street, nor less than 45 feet from any lot line.

2.

The minimum distance between the centers of facing windows of different apartments on the same lot shall be 75 feet.

D.

Density. Gross residential density shall not exceed 40 density units per acre.

E.

Amenity open space ratio. The minimum amenity open space ratio shall be 0.7.

[Bill No. 26-1988]

A.

Access. No primary vehicle access from any property to a local street shall be permitted.

A.

Statement of legislative policy. R.A.E.2 Zones provide for development of elevator-apartment buildings at relatively high density, in residential settings close to the major commercial and cultural centers of the county, where ample utilities and other public facilities are available.

B.

Establishment of zones limited to town centers. Any R.A.E.2 Zone must be located within a town center, as defined in Section 101.

A.

Uses permitted. The following uses, only, are permitted:

1.

Apartment buildings.

2.

Offices: business, professional, governmental or institutional, in any apartment building of 25 or more dwelling units, with no accessory storage of merchandise (goods for sale), subject to the limitations of Subsection B.

3.

The following retail or service uses, in any apartment building of 50 or more dwelling units, subject to the limitations of Subsection B:

(1)

Bakeries or bakery outlets.

(2)

Banks, building and loan associations or similar chartered financial institutions.

(3)

Barbershops.

(4)

Beauty shops.

(5)

Bookstores.

(6)

Catering establishments, in any apartment building of 150 or more dwelling units. ^[4]

(7)

Delicatessens.

(8)

Drugstores.

(9)

Florist shops.

(10)

Food stores.

(11)

Gift shops.

(12)

Health clubs.

(13)

Jewelry stores.

(14)

Laundromats, retail laundry or dry-cleaning collection and distribution stations, or dry-cleaning and pressing establishments.

(15)

Newsstands.

(16)

Opticians' offices.

[Bill No. 37-1988]

(17)

Package-goods stores for the sale of alcoholic beverages. ^[5]

(18)

Rail passenger station, subject to Section 434.

[Bill No. 91-1990]

(19)

Standard restaurants, with dancing or entertainment permitted.

[Bill No. 110-1993]

(20)

Carry-out restaurants.

[Bill No. 110-1993]

(21)

Shoe-repair shops.

(22)

Stationery stores.

(23)

Tailor or dressmaking shops, for custom work or repairs.

(24)

Telegraph offices.

(25)

Tobacco shops.

(26)

Transit facilities.

[Bill No. 91-1990]

(27)

Travel bureaus.

(28)

Watch-repair shops.

(29)

Wearing-apparel shops, including fur, millinery, shoe or similar specialty-item shops.

4.

Public-utility uses permitted in D.R. Zones:

a.

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]

b.

Elderly housing facilities.

[Bill No. 36-1988]

5.

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

a.

Home occupations, but with no signs permitted.

b.

Service or recreational facilities for the occupants of the buildings and their guests.

c.

Commercial film production, subject to Section 435.

[Bill No. 57-1990]

6.

Special exceptions. The following, when permitted as special exceptions (See Section 502.): office buildings, offices in buildings containing less than 25 dwelling units, or offices totaling more than 25 percent of the floor area in an apartment building, with any retail or service uses listed under Paragraph 3 permitted only if specifically allowed under the granted special exception, and with the floor area ratio of the site limited to a maximum of 4.0.

B.

Supplementary use regulations.

1.

Except as otherwise provided in Subsection A.6, the floor area devoted to offices, retail uses, and service uses, as permitted under Paragraphs 2 and 3 of Subsection A, shall not exceed 25 percent of the aggregate gross floor area of the buildings on any lot. Further, the floor area occupied by retail and service uses, as permitted under said Paragraph 3, shall not exceed five percent of the aggregate gross floor area of such buildings.

2.

No individual use permitted under Subsection A.3 shall occupy more than 1,000 square feet of gross floor area; except, however, that this limitation shall not apply to the following:

a.

Banks, building and loan associations and similar chartered financial institutions.

b.

Food stores, which shall not, however, occupy more than 5,000 square feet of floor area.

c.

Restaurants.

[Bill No. 37-1988]

3.

Entrances. Any use permitted under Paragraph 2 or 3 of Subsection A shall be permitted no more than one exterior entrance. Further, each such use shall have at least one public entrance located within the building in which such use is established.

4.

Sign and display regulations. Signs are permitted, subject to Section 450.

[Bill No. 89-1997]

A.

The maximum height of any point on a building shall be 1½ times the maximum height that would be permitted by application of the height regulations for B.L. Zones (See Section 231.).

B.

Except for elderly housing facilities, the average width of any elevation of a building of seven or more stories may not exceed 2½ times the average height of such elevation.

[Bill No. 97-2003]

C.

Minimum yard requirements and building location requirements.

1.

No building shall be located less than 60 feet from the center line of any street, nor less than 15 feet from the street line thereof. No part of a building 40 feet or more in height above the average grade level at the building foundation line shall be located closer than 30 feet to any property line other than a street line; no part of a building less than such height shall be located closer than 15 feet to any property line other than a street line.

2.

No apartment window facing a property line other than a street line shall be closer than 25 feet thereto. The minimum distance between the centers of facing windows of different apartments on the same lot in an R.A.E.2 Zone shall be 75 feet.

3.

Notwithstanding any of the regulations of this subsection to the contrary, multifamily buildings that are located in the R.A.E.2 Zone, are within 500 feet of the Downtown Towson (D.T) District, and are within the boundaries of a town center as approved by the Planning Board are subject to the following bulk regulations:

[Bill No. 8-2020]

a.

No building shall be located less than 50 feet from the center line of any street, nor less than five feet from the street line thereof. No part of a building 40 feet or more in height above the average grade level at the building foundation line shall be located closer than 20 feet to any property line other than a street line; no part of a building less than such height shall be located closer than 15 feet to any property line other than a street line.

b.

No apartment window facing a property line other than a street line shall be closer than 20 feet thereto. The minimum distance between the centers of facing windows of different apartments on the same lot in an R.A.E.2 zone shall be 75 feet.

D.

Density. Gross residential density shall not exceed 80 density units per acre.

E.

The minimum amenity open space ratio shall be 0.2.

[Bill No. 97-2003]

A.

Amenity open space for elderly housing facilities in R.A.E.2 Zones may include:

1.

Usable covered open area of buildings, other than parking areas, suitably improved as open space and designated by the owner for the use of occupants or the public; and

2.

Any indoor or outdoor common areas, whether covered, uncovered, open or enclosed, that are accessible to residents of the housing facility and suitably improved to serve educational, recreational, social, cultural, religious, athletic or similar purposes, such areas may include common dining areas within the facility.

3.

For the purpose of calculating the amenity open space requirement for elderly housing facilities in the R.A.E.2 Zone, the amenity open space may be combined with any other such area on lots under common ownership or control that are either contiguous or separated by only a private or public street or right-of-way, if the amenity open space ratio for all such lots meets the amenity open space requirements of the R.A.E.2 Zone.

B.

For the purpose of calculating the amenity open space ratio of elderly housing facilities in the R.A.E.2 Zone, any amenity open space that would otherwise contribute to adjusted gross floor area shall be excluded from adjusted gross floor area.

C.

Covered open space includes exterior space that is open on its sides to weather, but not open above. Such space is not limited by the provisions of Section 101.

A.

Residential use of certain sites may not be economically feasible in some predominantly moderate-density residential areas that are immediately adjacent to commercial or other nonresidential uses;

B.

Neither business zoning nor high-density residential zoning nor residential-office zoning which permits new office buildings on those sites is appropriate; and

C.

With appropriate restrictions, houses converted to offices are suitable, economically feasible uses of such sites.

The R-O-A zoning classification is established, pursuant to the findings of Section 202.1, to accommodate single-family, duplex and two-family detached houses converted to office buildings in predominantly residential areas on sites that, because of adjacent nonresidential activity, heavy commercial traffic or other similar factors, can no longer reasonably be limited solely to uses allowable in moderate-density residential zones. It is further the intent of the County Council that the residential appearance of the existing structure and the residential setting of any building converted to offices be maintained in the R-O-A Zones so that the converted dwelling will be highly compatible with neighboring residential property. To maintain residential character, the Council does not intend that lots be developed or redeveloped solely for the purpose of providing parking in the R-O-A Zone.

The R-O-A Zone shall only be applied to sites which are large enough or designed in such a way that parking and access can be accommodated without sacrificing the residential character of the site and where the conversion from residential to office use will not cause serious disruption in traffic flow.

A.

Uses permitted by right. The following uses, only, are permitted by right in any R-O-A Zone:

1.

Uses permitted by right and as limited in D.R.3.5 Zones.

2.

Class A office buildings containing offices and their accessory uses, including interior design studio offices with retail sales as an accessory use to the office use and surface parking, but not including parking as a principal use, except as provided under Section 409.7.B.2.

[Bill No. 21-23]

3.

A single-family or two-family, detached dwelling in which a portion of the building is converted to offices and a portion is used for a dwelling, without any external enlargement, except as permitted and conditioned by Section 202.5, for the purpose of creating office space or otherwise accommodating the office use. Residential expansion is subject to the conditions of Sections 202.3.B. and 202.5.

4.

The reconstruction of a Class A office building which is destroyed by fire or other casualty, subject to the conditions of Section 202.6.

B.

Uses permitted by special exception. Uses permitted by special exception and as limited in D.R.3.5 Zones, only, are permitted by special exception. Any dwelling which is under application for either a change in zoning classification to R-O-A or for a conversion from a residential use to an office use after obtaining the R-O-A zoning classification shall require a special exception if the dwelling has been enlarged in floor area by ten percent or more within a period of five years prior to the date of application for change or conversion.

C.

Signs and off-street parking requirements.

1.

Signs are permitted, subject to Section 450.

[Bill No. 89-1997]

2.

Off-street parking spaces shall be provided in accordance with Section 409, but no structured parking is permitted, except for a residential garage, that was constructed as an accessory use to a dwelling prior to its conversion to a Class A office building.

a.

Parking areas shall be screened in accordance with the landscape manual.

b.

Parking shall be setback at least ten feet from the property line, except that, if the property line abuts an alley, no setback is required, provided that the alley does not abut a front or side yard of a residentially used property.

c.

Parking shall be located in the side or rear only, unless otherwise approved by the Zoning Commissioner pursuant to Section 307.

d.

Notwithstanding the provisions of Section 307, the Zoning Commissioner may not permit a variance of more than one parking space below the number required by these regulations.

Uses permitted by right or by special exception are governed by the following bulk regulations:

A.

Residential uses and new structures accessory to Class A office buildings are governed by the bulk regulations of the D.R. Zone classification in place at the time when the R-O-A Zone was applied, subject to compliance with Section 202.6. If a D.R. Zone was not in place at the time that the R-O-A Zone was applied, the bulk regulations of the D.R.3.5 Zone, as set forth in Section 1B02.3.C.1, shall govern. The provisions of Subsection 1B01.1.B.1 (Residential transition areas and uses permitted therein) shall apply in the R-O-A Zone to the development of any use other than a single-family home or the conversion of a home to a Class A office building.

B.

Class A office buildings themselves, which by definition may not be enlarged, are not subject to bulk regulations, nor are unenlarged structures accessory to the original building.

C.

The reconstruction of an existing Class A office building which is destroyed by fire or other casualty may not increase the size or gross floor area of the structure or alter the location of the structure, subject to the limitations contained in Section 104.2.

[Bill Nos. 137-2004; 31-2017]

A new building or part of a building to be used as a dwelling must be occupied as a residential use for five years before submitting a plan for conversion to a Class A office building, subject to documentation of compliance with the residential use requirement in this section, except a new building constructed within the East Towson Community Conservation Area as identified in the Towson Community Plan on a lot not less than 8,700 square feet may be used as a Class A office building. The use or development of any property in an R-O-A Zone may not be changed from that existing on the effective date of the classification's application to that property, except in accordance with a plan approved by the County Review Group as provided in Article 32, Title 4 of the Baltimore County Code, unless the change in use is confined to a change in the number of dwelling units in accordance with the provisions of Section 402.

[Bill Nos. 137-2004; 55-2011]

Any conversion to a Class A office building involving change to the exterior of the dwelling, any new building to be used as a dwelling, or the reconstruction of any Class A office building which has been destroyed by fire or other casualty, is subject to § 32-4-402 of the Baltimore County Code. In addition to the standards of § 32-4-402 of the Baltimore County Code, the Director of the Department of Planning shall consider the compatibility of proposed window and door treatments in relation to existing adjacent or surrounding buildings.

It is found that:

A.

There is a need for a range of office zoning classifications to allow for differing needs and intensity of use;

B.

It is to the interests of the county to have available a variety of office zones so that the zone best suited to the needs of the market can be applied at a scale and with a range of uses and protections appropriate to the surrounding locale;

C.

A variety of office zoning tools is needed to meet the goals for managed growth and redevelopment as stated in the adopted master plan; and

D.

The regulations in the O-1 (Office Building) Zone and the O-2 (Office Park) Zone enacted in 1980 are, for the most part, duplicative, and there is no need to apply the O-1 Zone to additional land.

Pursuant to the above findings, it is the purpose of the office zones to establish a continuum of office classifications to provide:

A.

A low-intensity alternative use for dwellings which are no longer desirable for residential use (R-O-A);

B.

A transition or buffer between residential and the more intense office, retail or industrial use of property by permitting office development highly compatible with residential uses (R-O and S-E);

C.

For the development of office buildings and moderate density residential development, with commercial development limited to serving the needs of tenants (OR-2);

D.

For office development as the only permitted principal use in areas where public services are not planned to support additional dwellings (O-3) and;

E.

For intensive development of employment uses which may be combined with high density residential uses in the county's growth areas (O.T.).

[Bill No. 186-1994]

It is found that:

A.

Residential use of certain sites may not be economically feasible in some predominantly moderate-density residential areas that are within or near town centers, are near C.C.C. Districts, or lie along commercial motorways;

B.

Neither business zoning nor high-density residential zoning of those sites is appropriate; and

C.

With appropriate restrictions, houses converted to offices and, in some cases, small Class B office buildings and similar buildings are suitable, economically feasible uses of such sites.

[Bill Nos. 151-1988; 186-1994]

The R-O zoning classification is established, pursuant to the findings stated above, to accommodate houses converted to office buildings and some small Class B office buildings in predominantly residential areas on sites that, because of adjacent commercial activity, heavy commercial traffic or other similar factors, can no longer reasonably be restricted solely to uses allowable in moderate-density residential zones. It is intended that buildings and uses in R-O Zones shall not intrude upon or disturb present or prospective uses of nearby residential property. It is not the R-O classification's purpose to accommodate a substantial part of the demand for office space, it being the intent of these zoning regulations that office space demand should be met primarily in C.T. Districts, C.C.C. Districts and, to a lesser extent, in other commercial areas.

[Bill Nos. 167-1980; 37-1988; 151-1988; 186-1994]

A.

Uses permitted as of right. The following uses, only, are permitted as of right in any R-O Zone:

1.

Uses permitted as of right and as limited in D.R.5.5 Zones.

2.

Class A office buildings containing offices or medical offices and their accessory uses, including parking, except that no more than 25 percent of the total adjusted gross floor area of the office building may be occupied by medical offices.

3.

Class A office buildings containing MVA licensed vehicle tag and title service office, without inventory except state issued vehicle license plates.

[Bill No. 12-2020]

4.

The following additional uses in the South Towson Design Review Area South of Dunkirk Road and East of York Road:

[Bill No. 106-2020]

a.

Bicycle shop.

b.

Acupuncture and wellness office.

c.

Beauty salon.

d.

Yoga, fitness studio, or personal training facility.

4.

The following additional uses in the Pikesville Design Review Area along Church Lane:

A.

Personal service establishments, including barber shops and beauty shops, with accessory retail sales.

B.

Accessory showroom and sales, including accessory storage.

C.

Accessory day and overnight parking for passenger or business vehicles, including cars, vans, and pick-up trucks, subject to reasonable screening with landscaping or fencing from a public street or abutting residentially zoned property.

[Bill No. 69-24]

B.

Uses permitted by special exception. The following uses, only, may be permitted by special exception in an R-O Zone: ^[8]

[Bill No. 80-24]

1.

Uses permitted by special exception and as limited in D.R.5.5 Zones.

2.

Class B office building.

a.

A Class B office building listed on the Baltimore County Final Landmarks List, as part of the adaptive reuse of the building, is allowed up to 1,200 square feet of carry-out restaurant or standard restaurant (without service of alcoholic beverages), and storage of wine is permitted. Special exception uses required for community buildings or community swimming pools that involve a Baltimore County final landmarks structure may be reviewed as a permitted use subject to review and approval by the Baltimore County Planning Board.

[Bill Nos. 100-2009; 80-24]

3.

Class B office building containing internet retail, except that such use is restricted to retail sales of merchandise purchased via mail, phone, or the Internet and shipped to a customer, and is also subject to the following:

[Bill Nos. 21-2016; 69-24]

(1)

No walk-in business is permitted.

(2)

Storage of Internet retail merchandise is permitted as an accessory use only, and also provided that no more than ten percent of the total gross floor area of the building may be so used.

(3)

A variance may be requested but neither the Administrative Law Judge nor the County Board of Appeals on appeal may grant a variance in excess of 40 percent of the total gross floor area.

(4)

For the purposes of this subparagraph, Section 204.4 of these regulations is applicable.

(5)

In addition to the special exception findings made pursuant to Section 502.1 of these regulations, the Administrative Law Judge or the County Board of Appeals on appeal may impose additional restrictions or conditions on the use, to include a limitation on deliveries to the subject property by means, time, and manner of delivery, and further subject to the goals and objectives of Sections 204.1 and 204.2 of these regulations.

3.

Animal grooming facility.

[Bill No. 50-2013]

4.

The following additional uses in the Pikesville Design Review are along Church Lane:

A.

The expansion, renovation, or reconstruction of a Class A or Class B office building.

[Bill No. 69-24]

C.

Signs and off-street parking requirements.

1.

Signs are permitted, subject to Section 450.

[Bill No. 89-1997]

2.

Off-street parking spaces shall be provided in accordance with Section 409. To the extent possible, parking shall be located in the side or rear yards of the lot. All required parking spaces shall be provided on the same lot as the structure or use to which they are accessory.

[Bill No. 186-1994]

Uses permitted as of right or by special exception are governed by the following bulk regulations:

A.

Uses permitted under Sections 204.3.A.1 and 204.3.B.1 and new structures accessory to Class A office buildings are governed by the bulk regulations of D.R.5.5 Zones.

B.

Class A office buildings themselves, which by definition may not be enlarged, are not subject to bulk regulations, nor are unenlarged structures accessory to the original building.

C.

Class B office buildings.

1.

Maximum floor area ratio: 0.33.

2.

Maximum height of structure: 35 feet.

3.

Minimum front yard setback: 25 feet or the average of the setbacks of the adjacent structures, whichever is less.

4.

Minimum side yard setbacks: ten feet, except if the adjacent property is predominantly residentially zoned, residentially used, or is adjacent to a residential street, in which case the setback shall be 20 feet.

5.

Minimum rear yard setback: 10 feet, except if the adjoining property is predominantly zoned D.R., R.C., or R.A.E., or if the adjoining property is predominantly residentially used, in which case the setback shall be 30 feet.

[Bill No. 80-24]

6.

Amenity open space: seven percent of the interior of the parking lot, not including setback and buffer area requirements, shall be pervious land area in association with plantings.

7.

Maximum lot size: one acre, except that if located on a principal arterial and if there is adjacent nonresidentially used or nonresidentially zoned frontage, the maximum lot size may be two acres.

8.

The office building shall be the only principal building on the lot on which it is situated and shall not be attached to another building.

9.

Landscape requirements. In addition to the requirements set forth in the Baltimore County Landscape Manual:

a.

All parking and dumpster areas which abut a residential zone shall be screened by an opaque fence, wall or berm in association with plantings.

b.

The minimum screening height shall be five feet.

c.

The following buffers, which shall not be encroached upon by aboveground stormwater management, parking or dumpster areas but which may be broken by the entrance way, shall be provided:

(1)

Property lines which abut any property which is predominantly residentially zoned, residentially used, or which abut any residential street must have a 20-foot landscape buffer, unless property that adjoins a Class B office building is used for non-residential purposes, in which case no such buffer shall be required from the Class B office building; and

[Bill No. 80-24]

(2)

Property lines which abut any nonresidentially zoned property must have a ten-foot landscape buffer.

D.

For a Class B office building, after a request for public hearing pursuant to Section 500.7, the Office of Administrative Hearings may approve modifications from the bulk regulations and landscape requirements contained in this section upon demonstration that approval of the modifications will not have an adverse impact on the owners of adjoining properties.

[Bill No. 80-24]

[Bill Nos. 56-1982; ^[9]

The use or development of any property in an R-O Zone may not be changed from that existing on the effective date of the classification's application to that property, except in accordance with a plan approved as provided in Article 32, Title 4 of the Baltimore County Code, unless the change in use is confined to a change in the number of dwelling units in accordance with the provisions of Section 402.

[Bill. No. 80-24]

[Bill Nos. 161-1985; 151-1988; 186-1994]

Any one- or two-family dwelling or apartment building which is under application for either a change in zoning classification to R-O or for a conversion from a residential use to an office use shall require a special exception if the dwelling has been enlarged in floor area by ten percent or more within a period of five years prior to the date of application for change or conversion.

[Bill No. 186-1994]

A.

It is found that the name of the O-1 (Office Building) zoning classification is misleading the public because the name implies that only office buildings are permitted when, in fact, the zone does permit residential and other uses permitted in the D.R.5.5 Zone.

B.

It is further found that the O-1 zoning classification is sufficiently similar to the O-2 classification that there is no longer a need for two separate zones.

[Bill No. 186-1994]

A.

It is the intent of the county that the name of the O-1 zoning classification be changed to the OR-1 (Office Building — Residential) Zone.

B.

Properties classified as O-1 before the effective date of Bill No. 186-1994 shall be classified as OR-1 and shall be subject to the use and performance standards of the OR-1 Zone.

C.

The OR-1 Zone shall no longer be applied to properties through the comprehensive Zoning Map process under § 32-3-202 of the Baltimore County Code, or through the cycle zoning process under Article 32, Title 3, Subtitle 5 of the Baltimore County Code, after the effective date of Bill No. 186-1994.

[Bill No. 137-2004]

A.

The following uses, only, are permitted by right:

1.

Uses permitted by right and as limited in D.R.5.5 Zones.

[Bill Nos. 108-1994; 186-1994]

2.

Class A or Class B office buildings containing offices, medical offices or medical clinics.

[Bill Nos. 37-1988; 186-1994]

3.

The following accessory commercial uses within Class B office buildings (See also Subsection C below.):

[Bill No. 186-1994]

a.

Photocopying establishments.

b.

Secretarial-service establishments.

c.

Standard restaurants, carry-out restaurants and taverns without dancing or live entertainment;

[Bill No. 186-1994]

d.

Travel bureaus.

e.

Banks, including one exterior walkup automatic teller machine for each bank located within an office building.

[Bill No. 186-1994]

f.

Opticians' or optometrists' establishments.

[Bill No. 186-1994]

4.

Accessory uses not included under Item 1 above, but not any accessory commercial uses other than those listed in Item 3 (See Subsection B below.).

5.

Class A or Class B office buildings containing MVA licensed vehicle tag and title service office, without inventory except state issued vehicle license plates.

[Bill No. 12-2020]

B.

The following uses, only, are allowable by special exception:

[Bill No. 186-1994]

1.

Uses allowable by special exception and as limited in D.R.5.5 Zones.

[Bill Nos. 108-1994; 186-1994]

2.

The following accessory commercial uses within Class B office buildings, provided that the Zoning Commissioner finds that each such use will primarily serve the principal uses of the lot (See also Subsection C below.):

[Bill No. 186-1994]

a.

Drugstores.

b.

Personal-care establishments, including hair care, facial-treatment, manicuring or shoe-shining establishments.

c.

Stationery or office-supply shops.

3.

Wireless telecommunications towers, subject to Section 426.

[Bill Nos. 64-1986; 30-1998]

C.

Supplementary use regulations (See also Section 208.).

1.

Accessory-commercial-use floor-area limitations.

a.

No more than 7.5 percent of the adjusted gross floor area of any office building may be occupied by accessory commercial uses.

b.

No single accessory commercial use other than a standard restaurant, carry-out restaurant or tavern may occupy more than 1,200 square feet of floor area.

[Bill No. 186-1994]

2.

Entrances to accessory commercial uses. No exterior entrance to any accessory commercial use within an office building is permitted unless 75 percent of the principal uses in the building have exterior entrances.

[Bill No. 24-1983]

3.

Signs are permitted, subject to Section 450.

[Bill No. 89-1997]

[Bill No. 186-1994]

A.

Uses permitted under Subsections 205.3.A.1 or 205.3.B.1 and new structures accessory to Class A office buildings are governed by the bulk regulations of D.R.5.5 Zones. Such uses are also subject to Section 1B01.1.B.1, Residential transition area restrictions, except in cases where a project is vested by law; has received a CRG, a development plan or reclamation plan approval; or for which a development plan has been accepted for filing by the Department of Permits, Approvals and Inspections before July 5, 1994.

[Bill Nos. 186-1994; 122-2010]

B.

The performance standards for all other uses shall be the same as for the OR-2 Zones, except that the height of a Class B office building shall be limited to 60 feet.

[Bill No. 186-1994]

[Bill No. 186-1994]

A.

Some firms have established policies that their headquarters and most or all of their other offices should be situated in office parks and have thus occupied only a negligible amount of office space in town and community centers.

B.

The residential office, Class A, and the residential office zones provide for the conversion of homes to offices and, in the case of the R-O Zone, the development of small office buildings on sites of no more than two acres.

C.

If the zoning regulations were not to include a zoning classification primarily for office building development, with supportive accessory commercial uses and which permits moderate density residential development, business firms preferring to occupy offices in Baltimore County may choose sites in adjacent jurisdictions.

D.

Office centers, rather than central commercial areas, may also be appropriate locations for offices whose employees spend most of the working day driving to widely separated places throughout the metropolitan area.

E.

Providing additional opportunities for development of office buildings in Baltimore County could contribute to the county's assessable base and could create a significant number of job opportunities for citizens.

F.

Development and maintenance of office building sites must be closely regulated to promote the establishment of amenities, to prevent traffic congestion and, in general, to protect the public interest, including the interests of citizens in nearby neighborhoods and the interests of firms and employees who will occupy the office buildings.

[Bill Nos. 122-1984; 186-1994]

A.

Pursuant to the findings declared above, the OR-2 zoning classification is established primarily to provide selectively for development of a limited number of well-landscaped office building developments. The OR-2 zoning classification also permits moderate density residential development or mixed office/residential uses.

B.

It is intended that any development in an OR-2 Zone be designed, built and maintained so that it will be compatible with the character of nearby residential neighborhoods so that it will enhance rather than detract from amenities and property values in those neighborhoods.

A.

Uses permitted by right. The following uses, only, are permitted by right:

1.

Class A or Class B office buildings containing offices, medical offices or medical clinics.

[Bill Nos. 37-1988; 186-1994]

2.

Uses permitted as of right and as limited in D.R.10.5 Zones.

[Bill Nos. 108-1994; 186-1994]

3.

Accessory uses or structures which are normally and customarily incidental to any permitted principal use, including the following, if within office buildings:

[Bill Nos. 126-1986; 186-1994]

a.

Conference facilities (auditoriums, exhibition rooms, sleeping quarters or catering services for conferences attended by persons who do not ordinarily work in offices on the site, in addition to those who do).

b.

The following accessory commercial uses:

(1)

Banks, including one exterior walkup automated teller machine for each bank located within the office building; drive-through banking facilities permitted when operated from within the office building and provided that:

(a)

The OR-2 Zone in which "any drive-through banking facility" is located has a contiguous gross area of no less than ten acres;

[Bill No. 186-1994]

(b)

Any individual banking establishment has a total of no more than two drive-through teller windows and machines;

(c)

Any such facility, including access traffic lanes, is located no less than 200 feet from any residence; and

[Bill No. 186-1994]

(d)

Any such facility, including access traffic lanes, is screened from any residential zone abutting the lot on which the drive-through facility is located in accordance with the requirements for parking lots stipulated in the Baltimore County Landscape Manual.

[Bill No. 126-1986]

(2)

Duplicating service businesses.

[Bill No. 126-1986]

(3)

Secretarial-service establishments.

(4)

Drugstores.

(5)

Standard restaurant, carry-out restaurant or tavern without dancing or live entertainment.

[Bill No. 186-1994]

(6)

Exercise room for the exclusive use of the tenants and no larger than 1,500 square feet in size.

[Bill No. 126-1986]

(7)

Newsstands.

[Bill Nos. 126-1986; 186-1994]

(8)

Personal-care establishments, including hair-care, facial treatment, manicuring or shoe-shining establishments.

[Bill No. 186-1994]

(9)

Stationery or office-supply shops.

[Bill No. 186-1994]

(10)

Travel bureaus.

[Bill Nos. 167-1980; 186-1994]

(11)

Garment cleaning, collection and pickup only (actual cleaning to be done off premises).

[Bill Nos. 126-1986; 186-1994]

(12)

Data processing and office equipment service establishments, including incidental sales.

[Bill Nos. 126-1986; 186-1994]

(13)

Photographic film-processing establishments.

[Bill Nos. 126-1986; 186-1994]

(14)

Neighborhood car rental agency, subject to Section 408A.

[Bill No. 122-2005]

(15)

Wellness, health and fitness center.

[Bill No. 37-2015]

(16)

Florist.

[Bill No. 37-2015]

(17)

Optician's or optometrist's establishment.

[Bill No. 37-2015]

4.

Research institutes or laboratories.

[Bill No. 122-1984]

5.

Wireless telecommunications antennas or wireless telecommunications towers, subject to Section 426.

[Bill Nos. 64-1986; 30-1998]

6.

Opticians' or optometrists' establishments when within office buildings.

[Bill No. 126-1986]

7.

Health-care and surgery center. (See Section 438.)

[Bill No. 37-2015]

8.

Class A or Class B office buildings containing MVA licensed vehicle tag and title service office, without inventory except state issued vehicle license plates.

[Bill No. 12-2020]

B.

Uses allowable by special exception.

[Bill No. 186-1994]

1.

Uses allowable by special exception in a D.R.10.5 zone are allowable by special exception in an OR-2 Zone.

[Bill No. 186-1994]

2.

The following accessory uses are allowable by special exception if they are not within office buildings, as permitted by Section 206.3.A.3, or would occupy more floor area than would be allowed under the standard of Section 206.3.C.I.b, provided that the Zoning Commissioner finds that the uses will primarily serve the principal uses of the lot or office park:

[Bill Nos. 91-1985; 108-1994; 186-1994]

a.

Conference facilities.

[Bill No. 186-1994]

b.

Standard restaurant, carry-out restaurant or tavern without dancing or live entertainment.

[Bill No. 186-1994]

c.

Hotel and motel.

[Bill No. 186-1994]

d.

Wireless telecommunications towers, subject to Section 426.

[Bill Nos. 64-1986; 186-1994; 30-1998]

e.

Health and fitness clubs, including, but not limited to, those with handball, squash, tennis or racquetball courts or swimming pools.

[Bill Nos. 126-1986; 186-1994]

f.

Parking structures for passenger cars, as a principal use, provided that any such structure and site are designed or located in such a manner that associated noise, lighting and traffic will not intrude into adjacent residential neighborhoods and, at minimum, are subject to bulk and area limitations for a Class B office building.

[Bill Nos. 126-1986; 186-1994]

C.

Supplementary use regulations. (See also Section 208.)

[Bill Nos. 91-1985; 89-1997]

1.

Accessory use floor area limitations.

a.

No more than ten percent of the aggregate adjusted gross floor area of all buildings may be occupied by accessory conference facilities or commercial uses.

[Bill Nos. 126-1986; 186-1994]

b.

No single accessory commercial use other than a hotel, wellness, health and fitness center, conference facility, standard restaurant, carry-out restaurant or tavern, drugstore, or optician's or optometrist's establishment may occupy more than 1,500 square feet of floor area.

[Bill Nos. 126-1986; 186-1994; 37-2015]

2.

Signs are permitted, subject to Section 450.

[Bill No. 89-1997]

3.

Unless expressly prohibited, the signs permitted under Paragraph 2 above may be illuminated, provided that the light from any illuminated sign or from any light source shall be so shaded, shielded or directed that the light intensity or brightness shall not adversely affect surrounding or facing premises nor adversely affect the vision of motor vehicle operators.

[Bill No. 91-1985]

4.

Signs for research institutes and laboratories shall be permitted in accordance with the provisions of Paragraphs 2 and 3 above. In the application of those provisions, a research institute or laboratory shall be considered as an office building.

[Bill No. 91-1985]

[Bill Nos. 122-1984; 186-1994]

A.

Uses permitted under Sections 206.3.A.2 and 206.3.B.1 are governed by the bulk regulations of D.R.10.5 Zones. Such uses are also subject to Section 1B01.1.B.1, Residential transition area restrictions, except in cases where a project is vested by law; has received a CRG, development plan or reclamation plan approval, or for which a development plan has been accepted for filing by the Department of Permits, Approvals and Inspections before July 5, 1994.

[Bill Nos. 126-1986; 186-1994; 122-2010]

B.

Class A office buildings. New structures accessory to Class A office buildings are governed by the bulk regulations of D.R.5.5 Zones. A Class A office building itself, which by definition may not be enlarged, is not subject to bulk regulations, nor is an unenlarged structure that was accessory to the building before it was converted to an office building.

[Bill No. 186-1994]

C.

Class B office buildings.

[Bill No. 186-1994]

1.

Minimum setback from any lot line other than a street line: 20 feet or equal to the height of the building, whichever is greater, except that, from a residential or R-O Zone, the setback shall be two times the height of the building.

[Bill No. 186-1994]

2.

Minimum setback from any street line: 35 feet.

3.

Minimum amenity open space: 25 percent of the net lot area.

[Bill No. 186-1994]

4.

New structures accessory to Class B office buildings are governed by the bulk regulations of D.R.10.5 Zones for accessory buildings.

[Bill No. 126-1986]

5.

Maximum floor area ratio: 0.50.

6.

Maximum height of structures: subject to compatibility findings pursuant to § 32-4-402 of the Baltimore County Code.

[Bill Nos. 186-1994; 137-2004]

D.

For the purpose of this subsection, a research institute or laboratory, and a health-care and surgery center, shall be considered an office building and shall be governed by the performance standards specified for office buildings in this subsection.

[Bill Nos. 122-1984; 186-1994; 37-2015]

E.

Notwithstanding the performance standards in Section 206.4.C, there is no minimum amenity open space requirement for a health-care and surgery center.

[Bill No. 37-2015]

A.

There are parts of the county suited for the Office Building — Residential (OR-2) Zone but where residential uses would not be desirable because the density permitted in the zone would not be in keeping with the density of the surrounding area or because the public facilities, such as schools and parks necessary to support residential uses, are not accessible or cannot accommodate additional residents.

B.

The zoning regulations do not include a zone which permits only office development, and it would be desirable for the zoning regulations to include such a zone classification.

Pursuant to the findings stated above, as well as to those declared in Section 206.2 (OR-2 Zone), the O-3 Zone is established to provide for office park development, with the intent that no residential uses shall be permitted.

Uses permitted by right, uses permitted by special exception and the supplementary use regulations of Section 206.3 (OR-2 Zone) shall apply, except that no dwellings or elderly housing facilities shall be permitted.

The performance standards of Section 206.4 (OR-2 Zone) shall apply.

In an OR-1, OR-2 and O-3 Zone, except as otherwise provided in Section 104.2 or 502.5, no building may be converted to an office building and no office building may be constructed or altered unless the building and its site conform to a plan approved by the hearing officer as provided in Article 32, Title 4 of the Baltimore County Code. Except as otherwise provided, approval of the plan is a condition precedent to the issuance of a building permit or granting of any special exception that would authorize the proposed use or development.

[Bill Nos. 34-1984; 186-1994]

A.

Market studies have identified a continuing space demand for offices and for certain industries characterized by their higher than average proportions of technical employees and of expenditures in research and development.

B.

The Baltimore County Master Plan 1979—1990, as adopted, and technical reports concerning the designated growth areas recognize areas of high accessibility or in proximity to town centers as being well suited for development into centers consisting of office, high technology and high density residential development.

C.

A zone with such a combination of uses must be closely regulated to promote the establishment of amenities, to encourage an intensity of development commensurate to its location and public investment and, in general, to protect the public interests of citizens in nearby neighborhoods, and the interests of firms, employees and residents within the zone.

D.

Providing additional opportunities for such development in Baltimore County will contribute to the county's assessable tax base and create a significant number of jobs for citizens.

[Bill Nos. 34-1984; 186-1994]

Pursuant to the findings declared above, the O.T. (Office and Technology) Zone is established to permit the development of employment and residential centers consisting of employment intensive office development in combination with certain high technology and residential development. It is the intent of these regulations that the quality of the environment of the O.T. Zone shall be equal to that of the OR-2 Zone; therefore, no establishment shall be permitted which creates objectionable conditions adversely affecting nearby areas. The O.T. Zone shall be located in areas of high accessibility or in proximity to a town center. And in such other areas which because of a unique combination of characteristics, such as visibility, relationship to surrounding areas, accessibility or infrastructure capacity, provide opportunity for employment intensive development. The O.T. Zone is not intended as a replacement for all other industrial zoning permitted in the county.

[Bill Nos. 34-1984; 186-1994]

A.

Principal uses. The following principal uses are permitted as a matter of right:

1.

Business, trade schools and colleges.

2.

Cables, conduits, mains for water, gas or sewer, and storm-drain systems, all of which shall be underground.

3.

Computer and data processing services.

4.

Hospital;

[Bill No. 37-1988]

5.

Hotels and motels.

6.

Laboratories.

7.

Establishments for the manufacture, assembly, service and/or repair of the products listed below. (Product terms are elaborated in the Standard Industrial Classification (SIC) Manual prepared by the Statistical Policy Division, Office of Management and Budget, Executive Office of the United States.)

a.

Drugs (SIC 283).

b.

Office, computing and accounting machines (SIC 357).

c.

Radio and television receiving equipment (SIC 365).

d.

Communication equipment (SIC 366).

e.

Electronic components and accessories (SIC 367).

f.

Engineering, laboratory, scientific, research instruments and associated equipment (SIC 381).

g.

Measuring and controlling instruments (SIC 382).

h.

Optical instruments and lenses (SIC 383).

i.

Surgical, medical and dental instruments and supplies (SIC 384).

j.

Photographic equipment and supplies (SIC 386).

k.

Electrotherapeutic, electromedical and X-ray apparatus (SIC 393).

8.

Offices.

9.

Parking structures and surface parking lots.

[Bill No. 108-2010]

10.

Public utility facilities, except public utility storage yards.

11.

Rail passenger station, subject to Section 434.

[Bill No. 91-1990]

12.

Research institutes.

13.

Warehouses in combination with and physically attached to any of the above principal uses, providing the warehouse accounts for no more than 30 percent of the total gross floor area. In no case shall freestanding warehouses be permitted, except that, in the Owings Mill Town Center, as identified in the Baltimore County Master Plan 2020, warehouses are permitted without restriction.

[Bill No. 77-24]

14.

Residential uses, except in that portion of the First Councilmanic District bounded by Dogwood Road, Fairbrook Road, Johnnycake Road, and Patapsco Valley State Park.

[Bill Nos. 8-2009 ^[17]; 62-2012; 77-24]

15.

Transit facilities.

[Bill No. 91-1990]

16.

Wireless telecommunications antennas or wireless telecommunications towers, subject to Section 426.

[Bill Nos. 64-1986; 30-1998]

17.

Combinations of the uses listed above.

[Bill No. 64-1986]

18.

Commercial film production, subject to Section 435.

[Bill No. 57-1990]

19.

Research park.

[Bill No. 112-1999]

20.

Television studio.

[Bill No. 119-2006]

21.

The following uses are permitted in the owings Mills Town Center, as identified in the Baltimore County Master Plan 2020, only:

A.

Assisted living facility III.

B.

Health care and surgery center.

C.

Medical clinic.

D.

State-licensed medical clinic.

[Bill No. 77-24]

B.

Accessory uses. The following accessory uses are permitted as a matter of right:

1.

Uses and structures which are normally and customarily incidental to any of the principal uses permitted in Section 209.3.A, including, but not limited to, incidental sales. For the purposes of this zone, any drive-through bank facility must be accessory to and located on the same lot as the principal bank use. No portion of a drive-through bank facility attached to the principal structure may be farther than 50 feet from the principal structure. If a drive-through bank facility is detached from the principal structure, it may not include more than four drive-through service lanes, it must be located in the side or rear yard of the lot and it shall be no closer than 100 feet to the right-of-way line of any public street. The design of any drive-through banking facility, whether attached or detached, shall comply with § 32-4-402(c) and (d) of the Baltimore County Code. Accessory drive-through areas covered by canopies shall not be included in the calculation of adjusted gross floor area.

[Bill Nos. 191-1990; 137-2004]

2.

Signs, subject to Section 450.

[Bill No. 89-1997]

3.

Excavations, uncontrolled.

C.

Auxiliary commercial uses are permitted within buildings of principal uses permitted in Section 209.3.A and are limited to:

1.

The following uses, provided that no more than five percent of the total adjusted gross floor area of the building is occupied by such uses and provided that no single commercial use occupies more than 3,000 square feet of adjusted gross floor area:

a.

Drugstores.

b.

Newsstands.

c.

Personal service establishments such as beauty shops and barbershops, shoe cleaning or repair shops, garment cleaning services or similar enterprises.

d.

Printing and reproduction service establishments.

e.

Stationery or office supply shops.

f.

Automotive service stations without repair facilities.

2.

Eating or drinking establishments.

3.

Health, tennis and racquet clubs, and like establishments.

4.

Banks and automatic banking devices.

5.

Conference facilities. ^[18]

6.

Neighborhood car rental agency, subject to Section 408A.

[Bill No. 122-2005]

D.

Uses permitted by special exception.

[Bill No. 35-1995]

1.

Warehouses as described in Section 209.3.A.13 may be allowed by special exception, providing the warehouse accounts for no more than 60 percent of the total gross floor area.

2.

Wireless telecommunications towers, subject to Section 426.

[Bill Nos. 64-1986; 30-1998]

3.

A commercial recreational facility is allowed, by special exception, only within the growth area boundaries as designated in the Master Plan. The facility is subject to the following requirements:

[Bill No. 35-1995]

a.

Lot size. A 15-acre minimum lot area is required if any part of the facility is located outdoors.

b.

Setback. Notwithstanding any other setback requirements specified in these regulations for O.T. Zones, the minimum setback from any lot line, other than a street line, shall be at least 100 feet. The minimum setback from any abutting D.R. or R.A.E. Zone, other than a street line, shall be at least 150 feet.

c.

Compatibility. As a part of the finding of compatibility required by § 32-4-402 of the Baltimore County Code, the following standards apply to a commercial recreational facility:

[Bill No. 137-2004]

(1)

Building materials used for any principal or accessory structure on the site shall be comparable in quality to those of office buildings in the vicinity.

(2)

The rear and sides of any building on the site shall be finished with materials that, in color and texture, resemble those of the front of the building.

(3)

If fencing is provided, it shall be constructed of materials such as wrought iron, brick, board on board, with appropriate screening provided. In cases where fencing is used for purposes such as containing batted or hit balls, an alternative material may be used if it is of a color and type that makes it as unobtrusive as possible.

(4)

All rooftop equipment shall be screened from the view of adjacent buildings, including the view from above and from street rights-of-way.

(5)

All lighting shall be of such height and intensity as to prevent direct or reflected glare onto any portion of any adjacent public road or onto any portion of adjoining residential properties.

d.

Access drive. Only one access drive onto a roadway is permitted. The drive shall be at least 25 feet from any residential zone line.

e.

Hours of operation. As a condition of the special exception, the Zoning Commissioner may limit the hours of operation.

f.

Accessory uses. Accessory uses, including food concessions and the sale of rental of goods and services associated with the provision of recreational activities, are permitted if:

(1)

Such uses do not occupy more than 25 percent of the building of the principal use or 5,000 square feet, whichever is greater; and

(2)

There is no announcement of the accessory use on any freestanding business sign accessory to the principal use.

[Bill Nos. 34-1984; 186-1994]

A.

Minimum net lot area: 30,000 square feet, except that public utility uses shall be exempt from minimum net lot area requirements. The term "net lot area" as used herein does not include the portion of any lot which is within a street right-of-way.

B.

Minimum lot width at building line: 150 feet, except that public utility uses shall be exempt from minimum lot width requirements.

C.

Building setbacks.

1.

Minimum setback from any lot line other than a street line: 50 feet. The minimum setback may be reduced to zero for the purposes of integrating, adjoining or connecting structures on contiguous lots with the expressed approval of the owner of the contiguous lot.

2.

Minimum setback from any street line: 50 feet.

3.

Minimum setback from any abutting D.R., R.A.E. or R-O Zone line other than a boundary line that lies within a street: 50 feet.

4.

Minimum setback from any abutting R.C., D.R.1, D.R.2, D.R.3.5, D.R.5.5 or D.R.10.5 Zone line other than a boundary that lies within a street: 150 feet.

D.

Maximum building height: 150 feet when located in a town center or when within 3,000 feet of a town center boundary; 60 feet when located more than 3,000 feet outside of a town center.

E.

Minimum height of residential uses: 52 feet, except in the Owings Mills Town Center, as identified in the Baltimore County Master Plan 2020, residential uses shall not be subject to a minimum height.

[Bill No. 77-24]

F.

Minimum area devoted to amenity open space: 25 percent of the net lot area. The term "net lot area" as used herein does not include the portion of any lot which is within a street right-of-way.

G.

The following provisions shall apply to an existing office park that, as of December 1, 2024, has at least 500,000 square feet of gross floor area, is in the O.T. Zone, and is located in Owings Mills.

1.

In addition to any uses otherwise permitted in the O.T. Zone, multifamily units, "two-over-two" townhomes, single-family attached units, or a mix of units are permitted either within existing buildings or in newly constructed residential buildings.

2.

The addition of residential units to an existing building shall not impact the applicable bulk, height, or area regulations for that building, and neither residential use of existing buildings nor the construction of new residential buildings within the park shall result in any existing building being considered nonconforming.

3.

Notwithstanding any other provision of these regulations to the contrary, any newly constructed residential building shall only be subject to the following bulk, height, and area regulations:

A.

Residential buildings shall be required to maintain front, side, or rear building setbacks to the original tract boundary of 10 feeT.

B.

Residential buildings are not subject to a maximum or minimum building height.

C.

Residential buildings shall not be subject to any other bulk, height, area, or special regulations applicable to the underlying zoning classification or to those contained in the comprehensive manual of development policies.

4.

Development of a tract under these provisions shall:

A.

Be exempt from the requirements of Section 32-6-108 of the County Code; and

B.

Be approved by way of a limited exemption under Section 32-4-106(b)(2) of the County Code.

[Bill No. 95-24]

[Bill No. 34-1984]

No research institute, laboratory or manufacturing structure shall be at any point less than 200 feet from any D.R., R.A.E. or R-O Zone line.

[Bill Nos. 34-1984; 186-1994]

Off-street parking and loading areas shall be in accordance with the requirements of Section 409 except that no parking is permitted within 25 feet of any D.R., R.A.E. or R-O Zone boundary.

[Bill Nos. 34-1984; 191-1990; 186-1994]

These regulations are intended to insure a high quality environment in regards to health, safety and aesthetics. Establishments must meet all applicable state and federal requirements, as well as other county requirements, such as those regulated by the Departments of Health and Fire.

A.

Establishments shall not create any dangerous, injurious, noxious or otherwise objectionable fire, electrical, explosive, radioactive or other hazardous conditions adversely affecting the surrounding area.

B.

The application for a building permit for a laboratory, research institute, warehouse or any use permitted under Section 209.3.A.7 shall include an explanation of the following:

1.

The timing and routing of raw materials and finished products to and from the site.

2.

Sources and expected levels of emanations at the lot line, including but not limited to noise, dust, odors, vibrations, glare, heat and radiation.

3.

Methods to be utilized to limit such emanations.

The Director of Planning may require that additional or alternative methods be used to ensure continued compliance with the above regulations or standards generated by the CRG review or other review agencies.

C.

All permitted uses and accessory activities shall be confined within completely enclosed buildings with the exception of off-street parking spaces, off-street loading berths, signs, recreational facilities, outdoor storage of materials and supplies, excavations and drive-through lanes, banking machines and teller booths, provided they are accessory to the bank in accordance with Section 209.3.B.1.

D.

Materials and supplies stored outside of the building shall be stored within permanent containment structures.

[Bill Nos. 34-1984; 186-1994; 137-2004; 78-2010]

A.

In an O.T. Zone, except as otherwise provided in Section 104.2 or 502.5, no building may be constructed or altered unless the buildings and site conform to a plan approved by the County Review Group as provided in Article 32, Title 4 of the Baltimore County Code. Except as otherwise provided, approval of the plan is a condition precedent to the issuance of a building permit.

B.

Notwithstanding any provisions of these regulations to the contrary, the bulk regulations applicable to an approved development plan for a condominium regime shall be the only bulk regulations applicable to a subsequent conversion of the entire condominium regime, or a portion thereof, to individual lots of record.

[Bill Nos. 46-1992; 186-1994]

A.

There is a growing demand for buildings which can be easily adapted to accommodate office, light manufacturing, storage or service uses, depending on the market demand and individual tenant needs.

B.

These buildings are characterized by their low profile and potential compatibility with residential uses.

C.

The Baltimore County Master Plan 1989—2000 recognizes the need to locate employment centers near existing communities and the need to expand the existing supply of industrial land throughout the county and to provide regulations which will increase the compatibility between residential and nonresidential uses.

D.

Providing additional opportunities for such development in Baltimore County will help prevent the migration of employment centers to neighboring counties and contribute to the county's assessable tax base and preserve a significant number of jobs for its citizens.

E.

The Baltimore County zoning regulations currently do not include a zone suitable for areas which will be designed to accommodate a mix of business service, offices and certain light industrial uses which will be highly compatible with residential uses.

[Bill Nos. 46-1992; 186-1994]

A.

Pursuant to the findings declared above, the Service Employment Zone is established to permit and encourage the development of general offices, related business service uses and small, low-impact, light industrial uses. These regulations shall provide for flexibility in the combination of uses permitted in the Service Employment Zone, but shall restrict the development of buildings and the type of uses in keeping with their proximity to residential areas.

B.

Because it is the intent of these regulations that development in the Service Employment Zone be compatible with residential uses and that there be additional land available for such compatible development, this zone shall only be applied to tracts of land which meet the following conditions:

1.

The site shall have at least one direct entrance to:

a.

A road which has a classification of at least an arterial on the most recently approved revision of the Federal Highway Functional Classification Map for the Baltimore Urban Area; or

b.

A public industrial service road as defined in Section 101 of these regulations.

2.

The site shall contain enough buildable area so that truck parking, dumpster and loading areas can be effectively screened to protect neighboring properties from noise, odors and the appearance of trucks.

C.

It is intended that no use in the Service Employment Zone create a nuisance to other property outside the zone in the form of vibration; sound; electromechanical or electromagnetic disturbances; radiation; air or water pollution; or dust or emission of odorous, toxic or nontoxic matter (including steam), nor create a potential for explosion or other hazard.

[Bill Nos. 46-1992; 186-1994]

A.

Principal uses. The following principal uses are permitted as a matter of right:

1.

Business or trade schools.

2.

Laboratories and research institutes (See Section 101.).

3.

Business and professional offices, excluding medical offices or clinics.

4.

Public utility uses permitted and as limited in the D.R. Zones.

5.

Uses engaged in service industries or those industries providing service to, as opposed to the manufacturing of, a specific product such as the repair and maintenance of appliances or component parts, tooling, printers, testing shops, small machine shops and shops engaged in the repair, maintenance and servicing of such items except for the uses listed in Section 210.3.E.

6.

Contractor's office/contractor's shop. Notwithstanding and in addition to the definitions in Section 101, in the S-E Zone these terms shall have the following meaning: the principal use of any space, whether inside or outside a building, for the storage of landscape supplies and repair of service and maintenance equipment or machinery, including landscaping, air conditioning, electrical and plumbing equipment and associated materials, including but not limited to trees, shrubs, mulch, gravel and pavers, subject to the following restrictions and limitations:

[Bill No. 143-2006]

a.

The use shall service only the associated and related businesses of the principal use.

b.

No vehicle may be stored on site that exceeds a gross weight of 26,000 pounds or more, as rated by the State Motor Vehicle Administration.

7.

Uses engaged in blueprinting, Photostatting, photoengraving, printing, publishing, and bookbinding.

8.

Uses engaged in the distribution, storage or warehousing of goods, except for the uses listed in Section 210.3.E.

9.

Establishments engaged in secondary manufacturing (assembling component parts of manufactured products), as limited by Section 210.3.E.

10.

Motion-picture and videotape production, distribution and allied services.

11.

Group child care centers.

12.

Commercial film production (Section 101).

13.

Transit facilities.

14.

Combination of the uses listed above.

15.

Neighborhood car rental agency, subject to Section 408A.

[Bill No. 122-2005]

B.

Principal uses permitted by special exception:

1.

Establishments engaged in primary manufacturing (the mechanical or chemical transformation of materials or substances into new products), as limited by Section 210.3.E.3.

2.

Medical offices and clinics, not exceeding 25 percent of the gross floor area of the project, provided that parking at a rate of 4.5 spaces per 1,000 square feet of gross floor area is provided.

3.

Catering establishment, serving off site only.

4.

Health or athletic club.

5.

Public utility uses other than those permitted by right, as limited in the D.R. Zones.

6.

Bank.

[Bill No. 21-2003]

7.

Standard restaurant.

[Bill No. 21-2003]

C.

Accessory uses. The following accessory uses are permitted as a matter of right:

1.

Uses and structures which are normally and customarily incidental to any of the principal uses permitted in Sections 210.3.A and 210.3.B.

2.

Signs, subject to Section 450.

[Bill No. 89-1997]

3.

Excavations, uncontrolled.

4.

Parking and loading areas shall be provided in accordance with the requirements of Section 409, except that parking shall be provided at the rate of four spaces for every 1,000 square feet of gross floor area and parking and loading spaces shall be considered interchangeable.

5.

Cables, conduits, mains for water, gas or sewer, and storm-drain systems, all of which shall be underground.

6.

Incidental, wholesale or retail sales, provided the sales area does not exceed 20 percent of the gross floor area of the principal use.

D.

The following auxiliary commercial and retail uses intended for the primary use of employees or clients visiting the site are permitted within buildings of principal uses, provided that:

1.

No more than 20 percent of the total adjusted gross floor area of the project is occupied by such auxiliary uses.

2.

No single use occupies more than 2,500 square feet of adjusted gross floor area.

3.

The uses operate only between 6:00 a.m. and 7:00 p.m. The Zoning Commissioner may approve similar uses with similar hours upon finding that the proposed use is needed to primarily serve employees and clients at the site and will not increase traffic in the area:

a.

Drugstores.

b.

Newsstands.

c.

Personal service establishments such as beauty shops and barbershops; shoe cleaning or repair shops, garment cleaning services or similar enterprises.

d.

Printing and reproduction service establishments.

e.

Stationery or office supply shops.

f.

Banks, as limited in the O.T. Zone.

g.

Restaurants, with no drive-through facilities.

E.

The following service and repair, distribution and storage, and manufacturing uses are not permitted in the Service Employment Zone. The Zoning Commissioner may exclude any other similar use which might be injurious or noxious by reason of odor, fumes, dust, smoke, vibration, noise or other cause.

1.

Service and repair uses.

Automobile and truck repair

Automotive service station

Contractor's equipment storage yard

Landscape service operation

Service garage

2.

Distribution and storage uses.

Bulk storage of flammable materials

Compartmentalized warehouse establishment

Freight forwarding establishment

Junkyard

Special medical waste incinerator

Sludge facilities

Trucking facility

3.

Manufacturing uses.

Abattoir

Ammonia, bleaching powder or chlorine manufacture

Asphalt mixing plant

Bag cleaning establishment

Blast furnace

Boiler works

Concrete mixing or batching plant

Distillation of coal, wood or bones

Distillation of turpentine or varnish

Emery cloth manufacture

Fertilizer manufacture

Fireworks or explosives manufacture or storage

Fish canning, curing, grinding or smoking

Food and kindred products (bottled soft drinks, water bottling, manufactured ice permitted by special exception)

Garbage incineration

Glue, size or gelatin manufacture

Grinding, cooking, boiling, rendering or storing of slaughterhouse refuse, or animal refuse, or rancid fats or refuse of dead animals

Iron, steel or copper works or foundries

Lime, cement, gypsum or plaster of Paris manufacture

Manufacture of concrete or mortar

Petroleum, alcohol or asphalt refining, mixing or manufacture or storage

Pyroxylin or celluloid manufacture

Pulverizing of charcoal or coal

Smelting of iron

Soap manufacture

Stockyards

Sulfuric, nitric or hydrochloric acid manufacture

Tanning, curing or storing of raw hides or skins

Tetraethyl lead precipitate or liquid manufacture

Vinegar manufacture

Wool pulling and scouring

Yeast plants

[Bill No. 46-1992]

A.

Minimum net lot area: two acres, except that public utility uses shall be exempt from minimum net lot area requirements. The term "net lot area" as used herein does not include the portion of any lot which is within a street right-of-way.

B.

Minimum area devoted to open space: 20 percent of the net lot area. The term "net lot area" as used herein does not include the portion of any lot which is within a street right-of-way. The open space calculation shall not include required pervious surface areas in the interior of parking areas but shall include buffer areas at the perimeter of the lot. The open space shall include usable open space of sufficient size in an appropriate location for the use of employees.

C.

Minimum lot width at building line: 150 feet, except that public utility uses shall be exempt from minimum lot width requirements.

D.

Maximum building length: 400 feet, staggered so that no single face exceeds 200 feet.

E.

Building setbacks.

1.

Minimum setback from any lot line other than a street right-of-way line or an abutting property line which is predominantly residentially zoned: 20 feet.

2.

Minimum setback from any street line: 35 feet or the average of the setbacks of the adjacent structures, whichever is more.

3.

Minimum setback if an abutting property line is predominantly residentially zoned, other than a boundary line that lies within a street, 50 feet.

F.

Maximum floor area ratio: 0.50.

G.

Maximum building height: two stories, not to exceed 35 feet with no single story exceeding a clear height of 16 feet measured from floor to ceiling.

H.

Buffer requirements. In addition to the requirements set forth in the Baltimore County Landscape Manual, the following buffers, which shall not be encroached upon by aboveground stormwater management or parking, but which may be broken by the entrance way, shall be provided:

1.

Property lines which abut any property which is predominantly residentially zoned or which abuts any street must have a 20-foot landscape buffer.

2.

Property lines which abut any other zone must have a ten-foot landscape buffer.

I.

Amenity open space. A minimum of seven percent of the interior of the parking lot (not including setback and buffer area requirements) shall be pervious land area in association with plantings. For the purpose of this section, the interior area of the parking lot does not include portions to the rear and screened from view, for the use of trucks and service vehicles.

[Bill Nos. 46-1992; 122-2010]

These regulations are intended to ensure a high quality environment with regard to health, safety and aesthetics which are compatible with residential uses. Establishments must meet all applicable state and federal requirements, as well as other county requirements, including those of the Departments of Health, Fire and Environmental Protection and Sustainability. These agencies shall be included in the review of all special exception petitions, development plan submittals and building permit applications in the Service Employment Zone. The Directors shall make recommendations to the Zoning Commissioner or hearing officer and shall advise in cases of reported violations of these requirements.

A.

Establishments may not create any dangerous, injurious, noxious or otherwise objectionable fire, electrical, explosive, radioactive or other hazardous conditions or emissions adversely affecting the surrounding area. The applicant shall indicate whether any of these conditions could be created and how they would be mitigated.

1.

Emission of dust, sweepings, dirt or cinder into the atmosphere or the discharge of liquid, solid wastes or other matter into water reclamation areas or other waterways.

2.

Escape or discharge of any chemicals, fumes, odors, gases, vapors, acids or other substance into the atmosphere, which discharge may be detrimental to the health, safety or welfare of persons or which may be harmful to property or vegetation.

3.

Emanation of intense glare or heat or electromagnetic, microwave, ultrasonic, laser or other radiation which is discernible by sensory perception or by impact on the operation of machine or instruments exterior to the site or lot upon which the operation is conducted as determined by the Maryland Department of Environment.

4.

Any vibration, noise, sound or disturbance which is objectionable due to intermittence, beat, frequency, strength, shrillness or volume.

B.

All permitted uses, accessory activities and storage shall be confined within completely enclosed buildings with the exception of off-street parking spaces, off-street loading berths, signs and recreational facilities. No outside repair or maintenance of vehicles or equipment is permitted.

C.

Notwithstanding the provisions of Section 307, all parking and loading areas in a Service Employment Zone must be paved with a durable and dustless surface as defined in Section 101.

D.

Any parking space, loading space, aisle or driveway used by a commercial vehicle with a gross vehicle weight of 10,000 pounds or more, and any dumpster space, must be located at least 75 feet from any residential or R-O Zone line. Truck loading and dumpster spaces shall be placed to the rear of the building, internal to the site. If not totally screened by other buildings which are part of the project, truck parking and loading and dumpster areas shall be screened. The screen shall consist of an opaque fence, wall or berm not less than six feet in height, in association with plantings.

[Bill No. 21-2003]

Notwithstanding the provisions of Section 307, for banks and standard restaurants approved pursuant to Section 210.3.b, the Zoning Commissioner may approve modifications to any of the bulk regulations or performance standards contained in Section 210.4 or 210.5 if the Zoning Commissioner determines that the quality of the site design justifies such modifications and that the proposed modifications will not have a detrimental impact on the surrounding properties and the general neighborhood. For all other permitted uses, the Zoning Commissioner may approve modifications to the bulk regulations and performance standards pursuant to Section 307.

[Bill No. 21-2003]

A special exception for a bank or a standard restaurant may be approved under Section 210.3.b only if the property on which the bank or restaurant is to be located is part of a contiguous area of six acres or more of S-E zoning and any part of that area of contiguous S-E zoning is within 500 feet or less of a property with a C.C.C. District overlay.

A.

The Business Maritime Zones are established in recognition of the county's characteristic development pattern in which the major river tributaries providing access to the Chesapeake Bay attract both residential and maritime uses.

B.

The Business Maritime Zones are intended to provide for the orderly, efficient and enjoyable use of the land areas adjacent to the county's navigable waterways by establishing three different zones which regulate the type and intensity of water-oriented land uses. These zones are intended to be applied in keeping with the constraints of the environment and the capacity of roads and other public facilities.

C.

The Business Maritime Marina (B.M.M.) Zone is established to accommodate water-dependent facilities and associated uses at a scale in keeping with the surrounding residential community.

D.

The Business Maritime Boatyard (B.M.B.) Zone is established to include uses which are more intense than the B.M.M. Zone and should generally not be mapped close to residential uses.

E.

The Business Maritime Yacht Club (B.M.Y.C.) Zone is established to include uses which are less intense than the B.M.M. and B.M.B. Zones and are for the sole use and enjoyment of yacht club members and their guests.

F.

The Business Maritime Zones may be assigned to parcels which abut tidal waters or which are contiguous to parcels abutting tidal waters and which are designated as intensely developed area (IDA) or limited development area (LDA) on the official County Chesapeake Bay Critical Area Map, provided that the location, configuration and physical conditions and access to an adequate public road make the site suitable for commercial development, and further provided that the parcel either was:

[Bill Nos. 137-2004; 51-2015]

1.

Designated IDA or LDA on or after June 13, 1988; or

2.

Occupied by a water-dependent facility as defined by COMAR 27.01.03.01 on or before June 13, 1988.

A.

The Chesapeake Bay Critical Area Location Protection Program enacted by Baltimore County on June 13, 1988, established buffer areas adjoining tidal waters and wetlands. Development and use of land within such buffer areas is limited to water-dependent facilities, as defined and regulated in COMAR 27.01.03 and in the county regulations enacted pursuant thereto.

[Bill No. 137-2004]

B.

1.

Subject to Subsection A, except as provided in Paragraph 2, residential and institutional uses permitted and as limited in D.R.5.5 Zones are permitted as of right.

[Bill No. 23-2008]

2.

This paragraph applies to any property located in the Bowleys Quarters District or the Lower Back River Neck District that is rezoned to B.M.M. after August 1, 2008. The only uses permitted by right on such property are those listed in Subsection C.

[Bill No. 23-2008]

C.

Subject to Subsection A, the following uses are permitted by right:

1.

Marina.

2.

Out-of-water storage facility, Class A in association with a marina only.

3.

Restaurant up to 5,000 square feet gross floor area, provided the use is a part of and within the lot line of a marine-related use.

4.

Retail sale or rental of marine-related goods such as boating, fishing, diving and bathing supplies and equipment.

5.

Sale of convenience items to marina patrons, provided such activity is ancillary to the marina operation.

6.

Community building, swimming pool or other structural or land use devoted to civic, social, recreational and educational activities, any of which must be accessory to a marina.

7.

Shoreline fishing and shellfishing facility, Class I and Class II; commercial fisheries facilities, subject to the standards for such facilities in D.R. Zones.

8.

Accessory uses or structures which are normally and customarily incidental to any principal use.

9.

Yacht club, provided that the area regularly used for preparing, serving or consuming food or beverages does not exceed 5,000 square feet gross floor area, including outdoor seating area.

[Bill No. 136-1996]

10.

Combinations of the above uses.

[Bill No. 136-1996]

D.

Subject to Subsection A, the following uses are permitted by special exception:

1.

Out-of-water storage facility, Class B in association with a marina only.

[Bill No. 136-1996]

2.

Restaurant, standard, more than 5,000 square feet gross floor area, provided the use is part of and within the lot line of a marine-related use.

[Bill No. 136-1996]

3.

Yacht club, if the area regularly used for preparing, serving or consuming food or beverages exceeds 5,000 square feet gross floor area, including outdoor seating area.

[Bill No. 136-1996]

Same as in B.M. Zone, except that the height may not exceed 40 feet.

Same as in B.M. Zone, except that the floor area ratio may not exceed 0.33.

[Bill No. 89-1997]

Signs are permitted, subject to Section 450.

A.

All lighting on the site, including illuminated signs shall be directed away from residential properties and shielded or designed so as not to interfere unreasonably with neighboring homes or with boats and vessels in the water.

B.

Outside storage areas for materials or equipment needed for the normal conduct of business, which are adjacent to residentially zoned or residentially used properties, shall be screened according to the Class A screening requirements contained in the Landscape Manual. An opaque fence of a minimum height of five feet may be substituted for the planted screening.

C.

Notwithstanding the provisions of [Sections] 409.8A.2 and 409.8A.3., parking facilities need not be paved or striped in the Critical Area, provided that the surface is considered acceptable by the Directors of Environmental Protection and Sustainability and Public Works and Transportation, who must find that the facility will be appropriate for the amount and type of traffic to be generated and that there will be an adequate method of dust control.

[Bill No. 122-2010; 33-2021]

D.

The site shall be designed to have minimal detrimental impact on adjacent residential areas with respect to structure location and height, access, views of the water, location or piers and noise. New buildings shall be designed so that the facade harmonizes with homes in the adjacent residential areas.

A.

The Chesapeake Bay Critical Area Local Protection Program enacted by Baltimore County on June 13, 1988, established buffer areas adjoining tidal waters and wetlands. Development and use of land within such buffer areas is limited to water-dependent facilities, as defined and regulated in COMAR 27.01.03 and in the county regulations enacted pursuant thereto.

[Bill No. 137-2004]

B.

1.

Subject to Subsection A, except as provided in Paragraph 2, residential and institutional uses permitted and as limited in D.R.5.5 Zones are permitted as of right.

[Bill No. 23-2008]

2.

This paragraph applies to any property located in the Bowleys Quarters District or the Lower Back River Neck District that is rezoned to B.M.B. after August 1, 2008. The only uses permitted by right on such property are those listed in Subsection C.

[Bill No. 23-2008]

C.

Subject to Subsection A, the following uses are permitted by right:

1.

Uses permitted by right in the B.M.M. Zone.

2.

Boatyard.

3.

Fabrication, storage or repair of fishing equipment.

4.

Machine shop for repair of engines or marina equipment, provided that all activities are confined to a fully enclosed structure.

5.

Research institute, for marine-related purposes.

6.

Combinations of the above uses.

D.

Subject to Subsection A, the following uses are permitted by special exception:

1.

Uses permitted by special exception in the B.M.M. Zone.

2.

Commercial beach, including dressing rooms and snack bar.

3.

Facilities for docking of boats for hire having a capacity to carry more than 20 passengers, including crew.

Same as in B.M.M. Zone.

Same as in B.M.M. Zone, except that a boatyard requires a minimum area of two acres.

The signage regulations and performance standards are the same as in the B.M.M. Zone.

A.

The Chesapeake Bay Critical Area Local Protection Program enacted by Baltimore County on June 13, 1988, established buffer areas adjoining tidal waters and wetlands. Development or use of land within such buffer areas is limited to water-dependent facilities, as defined and regulations in COMAR 27.01.03 and in the county regulations enacted pursuant thereto.

[Bill No. 137-2004]

B.

1.

Subject to Subsection A, except as provided in Paragraph 2, residential and institutional uses permitted and as limited in the adjacent residential zone are permitted by right.

[Bill No. 23-2008]

2.

This paragraph applies to any property located in the Bowleys Quarters District or the Lower Back River Neck District that is rezoned to B.M.Y.C. after August 1, 2008. The only uses permitted by right on such property are those listed in Subsection C.

[Bill No. 23-2008]

C.

Subject to Subsection A, the following uses are permitted by right:

1.

Yacht club.

2.

Area for food and beverages to be prepared for, served to or consumed by yacht club members and their guests, not to exceed 5,000 square feet gross floor area, including outdoor seating area.

3.

Sale of convenience items to yacht club members and their guests, provided such activity is ancillary to the yacht club operation.

4.

Community building, swimming pool or other structural or land use devoted to civic, social, recreational and educational activities, any of which must be accessory to a yacht club.

5.

Simple repair of watercraft that normally can be completed while the vessel is in the water.

6.

Out-of-water storage facility, Class A, for not more than 20 boats in association with a yacht club only, provided that the lot is greater than ten acres.

7.

Accessory uses or structures which are normally and customarily incidental to any permitted principal use.

8.

Combinations of the above uses.

D.

Subject to Subsection A, the following uses are permitted by special exception:

1.

Area for food and beverages to be prepared for, served to or consumed by yacht club members and their guests, exceeding 5,000 square feet gross floor area, including outdoor seating area, provided that the lot is at least five acres.

Same as in the B.M.M. Zone, except that the height may not exceed 40 feet.

Same as in the B.M.M. Zone, except that the floor area ratio may not exceed 0.33.

A.

Signs are permitted, subject to Section 450.

[Bill No. 89-1997]

B.

The performance standards are the same as in the B.M.M. Zone, including Section 502.9.

A.

Community Business Zone.

1.

The primary purpose of the Community Business Zone (C.B.) is to provide for the daily shopping and service needs of nearby residents through small businesses which do not generate large amounts of traffic at any one time. The zone shall accommodate vehicular parking needs, but also be pedestrian oriented. Where appropriate, parking should be located to the side and to the rear. In design, the C.B. Zone should reflect elements of the architectural style of neighboring residential buildings, so that the commercial development becomes an integral, harmonious component of the neighborhood.

2.

The C.B. Zone is not intended to be used to replace the B.L.R., B.L., B.M. or B.R. Zones on developed sites. Rather, the zone is intended as an additional classification which may be appropriate for locations that are no longer desirable for other noncommercial purposes but where application of the other business zones may prove detrimental to nearby residential properties.

[Bill No. 180-1995]

B.

Business Local Restricted Zone. The primary purpose of the Business Local Restricted Zone (B.L.R.) is to provide for a range of retail and service uses, some of which may be of a larger scale, such as supermarkets. The B.L.R. Zone also requires performance standards which protect adjacent communities from excessive vehicular congestion, use intensity and noise.

C.

It is intended that no use in either the C.B. or the B.L.R. Zone create a nuisance due to noise, traffic or hours of operation and that no use be permitted which would likely cause disruption of the peace and quiet enjoyment of property in neighboring communities.

The zoning regulations are inclusive in that only those uses which are listed are permitted either by right or by special exception. Uses not listed are not permitted as contrary to the purposes of the performance based business zones, particularly after-hours clubs, bail bondsman (as defined by state law), nightclubs, pawnshops, striptease businesses and taverns.

[Bill No. 180-1995]

[Bill Nos. 180-1995; 137-2004]

If a petition for a Community Business or Business Local Restricted Zone is submitted pursuant to Article 32, Title 3, Subtitle 5 of the Baltimore County Code, the petition shall be accompanied by documentation, as described in § 32-3-512 of the Baltimore County Code and by architectural renderings and elevations. After approval, the development plan may only be changed subject to Article 32, Title 4 of the Baltimore County Code.

[Bill Nos. 180-1995; 137-2004; 122-2010; 55-2011]

These regulations are intended to ensure the compatibility of C.B. and B.L.R. Zones with surrounding residential neighborhoods in conformance with the Comprehensive Manual of Development Policies (CMDP) guidelines. A concept plan, pursuant to the development regulations, Article 34, Title 4, Subtitle 2, Part II of the Baltimore County Code, or the building permit application if no such plan is required, shall include information demonstrating that the proposed development meets the performance standards below. The Director of the Department of Planning shall submit written recommendations to the hearing officer if a hearing is required or to the Director of Permits, Approvals and Inspections if a hearing is not required as to whether the proposed development will meet the standards.

A.

Site design.

1.

Access onto roadways shall be limited to no more than two locations. Commercial developments which front on more than one street may have only one roadway access from each street frontage. A driveway used solely for the purpose of trucks and other servicing vehicles shall not be counted towards the total. Additional access must be approved by the Bureau of Traffic Engineering.

2.

All permitted uses, accessory activities and storage shall be confined within completely enclosed buildings with the exception of accessory off-street parking spaces, off-street loading berths, dumpsters, the outdoor display of merchandise, outdoor tables at restaurants, and permitted activities under Section 447.

[Bill No. 60-2011]

3.

Service and loading areas shall not be visible from public streets and adjacent residential properties. All service areas shall be screened from the view of any pedestrian or vehicular path.

4.

Within 50 feet of a residential zone or use, lighting of parking areas shall be on standards which have a maximum height of 20 feet.

5.

Rear and sides of buildings which abut residential properties shall be finished with materials that resemble the front of the building in color and texture. All rooftop equipment shall be screened so that it is not visible from the ground floor window level of adjoining residential properties.

6.

The development of property in a C.B. or B.L.R. Zone shall, to the greatest extent practicable, conserve and integrate existing architecturally or historically significant buildings or structures, including their settings, as identified in the Maryland Historical Trust Inventory. Any building or structure officially included on the preliminary or final list of the Landmarks Preservation Commission, or located within a county historic district, is also subject to Article 33, Title 7 of the Baltimore County Code. The Director of Planning shall determine whether a historically or an architecturally significant building has been successfully integrated into the proposed site plan.

7.

Whenever possible, neighborhood access via pedestrian walkways and bike paths should be provided.

8.

All proposed projects or site developments should be in accord with the general intent of the approved community plan for the area.

9.

All signage within a commercial development shall be compatible in design, color, materials and location.

10.

Uses may be located in separate freestanding buildings, provided the style and building materials used create a uniform architectural theme.

B.

Public spaces. Commercial developments greater than two acres shall provide public spaces that include such features as shade trees, lawns and, where appropriate, benches and tables. The public space shall have a total area of no less than 500 square feet, which may be broken down into 250-square-foot areas; be conveniently located; and linked to existing and future pedestrian pathways.

[Bill No. 180-1995]

A.

Uses permitted by right:

1.

Commercial uses:

Arts and crafts studios

Banks, with no drive-through lane

Barbershops, beauty shops and similar personal service establishments

Cleaning and restoration business, if located within the Perry Hall Commercial Revitalization District

[8-2021]

Community building or other structure or land use devoted to civic, social, recreational, and educational activities, including fraternal organizations.

[Bill Nos. 79-23; 14-24]

Dry cleaner, laundromat and establishments which repair clothing or shoes

Offices and medical offices, except bail bondsman as defined by state law

Repair or rental of small appliances

Restaurants, carry-out or standard only (subject to Section 447)

Retail uses, including but not limited to the sale of gifts, jewelry, hardware, drugs, groceries, baked goods, sporting equipment and antiques

Travel agent and similar personal service establishments

Video rental or sales

2.

Residential and institutional uses:

Class A and Class B child care facilities

Elderly housing facilities

Nursing homes

Residences, including residences in a commercial building only above the first floor

3.

Accessory uses:

Customary accessory uses associated with the uses permitted in Paragraphs 1 and 2, including signs, parking spaces and structures

B.

Uses permitted by special exception:

Banks with no more than two drive-through lanes

C.

The following additional uses are permitted on property located in the Honeygo Gateway Commercial Revitalization District:

1. Uses permitted by right or by special exception and as limited in the B.L. Zone and, although not required, additional vehicular access is permitted through an adjacent D.R. Zone on the same development tract.

[Bill No. 65-23]

[Bill No. 180-1995]

A.

Uses permitted by right:

[Bill No. 60-2011]

Banks with drive-through lanes

Health and athletic clubs

Martial arts and dance studios

Restaurant, fast-food (subject to Section 447)

Tavern, subject to Section 447

Uses permitted by right in the C.B. Zones, subject to Section 447

Medical clinic or medical office with direct vehicular access to an arterial street, if it is part of a contiguous area of land zoned B.L.R. that is adjacent to a B.L. zone and provided no building thereon shall be located within 150 feet of any other owner's D.R. zoned property line.

[Bill No. 15-23]

Swim school and learning center, if located within the Perry Hall Commercial Revitalization District.

[Bill No. 13-24]

An animal boarding place - Class B, commercial kennel, veterinarian's office, veterinarium, or combinations thereof, that are located within a single building with direct vehicular access to an arterial street, if it is part of a contiguous area of land zoned B.L.R. that is adjacent to a B.L. zone outside of the Beltway. Section 421 of these regulations shall not apply to such use.

[Bill No. 41-24]

B.

Additional uses permitted by right in the South Towson Design Review Area:

[Bill No. 106-2020]

Music studio with appropriate soundproofing

Learning center

C.

Uses permitted by right in the South Towson Design Review Area South of Dumbarton Road, North of Dunkirk Road, and East of York Road only:

[Bill No. 106-2020]

Animal grooming facility

Bowling alley

Butcher shop

Food processing, including coffee roasting and bakery, with appropriate filtration for odors

Furniture store

Restaurant with outdoor seating

Shipping and printing store

Schools, including business, trade, and music schools with appropriate soundproofing

Veterinarian's office

Veterinarium

Yoga, fitness studio, or personal training facility

D.

Uses permitted by special exception:

[Bill No. 106-2020]

Arcades

Baseball batting range

Bowling alley

Miniature golf

Wireless transmitting or receiving structures 200 feet or less in height above grade level

E.

Additional uses permitted by special exception in the South Towson Design Review Area South of Dumbarton Road, North of Dunkirk Road, and East of York Road only:

[Bill No. 106-2020]

Class 5B brewery

[Bill No. 180-1995]

Permitted uses shall be subject to the following bulk and area regulations, except that the required setback, height and floor area restrictions do not apply to buildings that existed legally or which were approved by the county before the date of passage of Bill No. 180-1995.

A.

Building size.

1.

In any development plan proposed in a C.B. Zone, only one retail, restaurant or service use may have a gross floor area not to exceed 10,000 square feet. All other such ^[19] uses in the proposed plan shall have a gross floor area not to exceed 5,000 square feet. No more than 25 percent of a commercial or office building's gross floor area may be occupied by medical office use.

2.

In a B.L.R. Zone, any retail, restaurant or service establishment may have a gross floor area up to 80,000 square feet.

3.

The maximum floor area ratio in the C.B. Zone and the B.L.R. Zone shall not exceed 0.33.

4.

The maximum height of new buildings or additions shall be restricted to two stories and shall not exceed 35 feet.

B.

The front building setback shall be no less than 25 feet from the ultimate street right-of-way line, or the average of the front setbacks of the adjacent buildings within 100 feet of either side of the proposed building, whichever is less.

C.

The rear and side yard building setback shall be no less than 20 feet from the property line of a residentially zoned property and no less than ten feet from the property line of a nonresidentially zoned property except as provided below:

1.

No side yard building setbacks are required for commercial uses on adjacent lots with shared driveways or with parking accessible from either lot.

2.

Subject to the provisions of Subsection A above, building setbacks will be reduced 25 percent for proposed additions if the structures existed prior to the passage of Bill No. 180-1995, provided the addition is in keeping with the intent of this legislation based upon the written recommendations of the Director of the Department of Planning.

[Bill No. 55-2011]

3.

If a residential zone line is in a public right-of-way, the setback shall be not less than ten feet from the ultimate street right-of-way.

D.

Service and loading areas, parking lot areas and interior drives shall be a minimum of 20 feet from the ultimate street right-of-way, a minimum of 20 feet from residentially zoned properties and a minimum of eight feet from properties not predominantly zoned for residential uses, except that the drive-through lane of a bank shall be at least 25 feet from residentially zoned property.

E.

The required setbacks, except for required access drives and walkways, shall be landscaped and screened in accordance with the Landscape Manual requirements for performance based business zones.

F.

Residential uses in commercial buildings shall be limited by the height, bulk and floor area requirements of the performance based business zones. If the building is limited to residential use, the height, bulk and floor area requirements shall be those permitted and as limited in the residential zone adjoining or nearest the performance based business zone.

[Bill Nos. 180-1995; 89-1997]

Signs are permitted, subject to Section 450.

A.

The following uses only are permitted (See Section 230.2.):

1.

Uses permitted and as limited in the residential zone immediately adjoining, except that animal boarding place, Class A, is permitted only as a special exception and kennel is prohibited.

[Bill No. 85-1967]

2.

Convalescent home.

3.

Tourist home, boarding or rooming houses.

4.

Fast-food, drive-through-only restaurant, carry-out restaurant, fast-food restaurant, and standard restaurant, tearoom, convenience store and dairy barn.

[Bill Nos. 40-1967; 110-1993; 86-1994; 27-2003; 49-2016]

5.

Bank, building and loan association.

6.

Offices and office buildings.

7.

Private colleges, dancing schools, conservatory for music and the arts, dormitories and fraternity and sorority houses.

[Resolution of 11-21-1956; Bill No. 47-1985]

8.

Business and trade schools.

9.

Alcoholic beverage package store

Amusement devices, subject to the provisions of Section 422

[Bill No. 29-1982]

Animal grooming facility

[Bill No. 93-2006]

Antique shop

Arborist, licensed, located in the Parkville Commercial Revitalization District, and provided that no active tree work is performed, no retail sales occur, and no materials including tree limbs, firewood, mulch, wood chips or similar materials are kept or stored, upon the premises. In addition, appropriate screening of the property shall be installed, to the extent possible, in accordance with the Baltimore County Landscape Manual.

[Bill No. 23-2017]

Arcade, subject to the provisions of Section 423. A

[Bill No. 29-1982]

Automobile accessory shop

Automobile parking lot

Bakery, but goods baked on the premises must be sold only at retail on the premises, except that wholesale operations are permitted if the bakery is located in a commercial revitalization district and if the retail component of the bakery fronts the street and the wholesale operations are limited to no more than 30 percent of the building's square footage

[Bill No. 86-2009]

Barbershops and beauty shops

[Bill No. 9-1999]

Billiard and pool rooms

[Bill Nos. 61-1967; 85-1967]

Bowling alley

[Resolution of 11-21-1956; Bill Nos. 58-1957; 85-1967]

Butcher shop

[Bill No. 53-24]

Camera, photo-supply or film-processing shops or pickup stations (including "drive-by" facilities)

[Bill No. 43-1970]

Candy store, but goods made on the premises must be sold only at retail on the premises, except that retail sales may be supplemented with Internet sales, provided that the retail component of the store fronts the street

[Bill No. 4-2013]

Carwash, if located within 100 feet of an A.S. District, no closer than 250 feet to an existing residential dwelling in a D.R. or R.C. Zone, in the Rolling Road-Windsor Mill Commercial Revitalization District, and subject, further, to the provisions of Section 419 where applicable.

[Bill No. 6-2021]

Clothing and accessory stores

Commercial film production, subject to Section 435

[Bill No. 57-1990]

Community building or other structure or land use devoted to civic, social, recreational and educational activities, including fraternal organizations

[Bill Nos. 80-23; 46-24]

Dairy products store

Department store ^[20]

Dressmaking and millinery establishments

Drugstore

Dry-cleaning establishment, coin-operated, or retail store plant, etc. (as regulated by the Baltimore County Building Code, Baltimore County Fire, Health and Police Regulations)

[Bill Nos. 142-1962; 85-1967]

Dry-cleaning pickup station

Duplicating service business

[Bill No. 117-1983]

Electrical contractors and appliance repair shop

[Bill Nos. 58-1957; 85-1967]

Florist

Food preparation facility for the preparation, cooking, storage, or distribution of food or meals, provided no on-site restaurant or carry-out service is provided and the facility is located in the Perry Hall Commercial Revitalization District.

[Bill No. 13-2022]

Food store

Fortune-telling establishments

[Bill No. 124-1978]

Fuel service stations in a planned shopping center or drive-in cluster only, subject to Section 405

[Bill No. 172-1993] ^[21]

Furniture and upholstery stores

Garden center

[Bill No. 41-1992]

Gift shop

Hand laundry employing not more than five persons

Hardware store

Helistop

[Bill No. 85-1967]

Hobby shop

Hookah lounge, subject to Section 448.

[Bill No. 16-2014; Bill No. 99-24]

Household appliance store

Jewelry store

Laundromat or self-service laundry

Laundry-pickup station

Medical clinic

[Bill No. 37-1988]

Neighborhood car rental agency, subject to Section 408A

[Bill No. 122-2005]

Parking lot

[Resolution of 11-21-1956; Bill No. 85-1967]

Pet shop

Photographic studio

Picnic grove

[Resolution of 11-21-1956; Bill No. 85-1967]

Public utility service center

Radio shop

Radio studio

Rail passenger stations, subject to Section 434

[Bill No. 91-1990]

Recreational vehicle parking lot

[Bill No. 102-2006]

Regional outlet shopping center

[Bill No. 53-2015]

Residential art salon

[Bill No. 85-1967]

Secondhand store

[Bill No. 102-2005]

Shoe repair shop

Social clubs and fraternal organizations

Sporting goods store

Stationery store

Swimming pool

Tailor shop

Tavern

[Bill Nos. 43-1963 ^[22]]

Television shop

Television studio

Temporary or occasional outdoor sales of cut flowers or live plants (not in connection with florists' establishments), provided that the sales area does not exceed 200 square feet and that the sales are carried on for no more than 120 days per year. Before approving an application for any license required, the Zoning Commissioner must approve a site plan for the premises, showing the sales area and the dates on which flowers or plants are to be sold. Any provision of these regulations to the contrary notwithstanding, the Zoning Commissioner's approval of such a license shall expire one year after its issuance; however, such a license may be reapproved annually upon request of the licensee

[Bill No. 174-1981]

Theater, if located in a Commercial Revitalization District on a site formerly used as a theater; or, theater, auditorium, or concert hall for public and private events that can include live music and other performance arts if located in a Baltimore County Arts and Entertainment District.

[Bill Nos. 21-2013; 11-2022]

Transit facilities

[Bill No. 91-1990]

Vapor lounge, subject to Section 448.

[Bill No. 16-2014; Bill No. 99-24]

Variety and dry goods store

Veterinarian's office

[Bill No. 85-1967]

Veterinarium

[Bill No. 85-1967]

Winery, Class 4, with a valid license issued in accordance with the alcoholic beverages article of the Annotated Code of Maryland, Section 2-206, if located in the Carney-Cub Hill-Parkville Area Community Plan Area, as an agricultural support use but only for the production, manufacture, distribution, and retail of hard cider produced on the premises, and provided that the location has been in continual use as a cider mill from 1947 to the present. Temporary promotional events, such as product tasting or public gatherings associated with the winery's hard cider, are permitted subject to special hearing approval by the administrative law judge or board of appeals on appeal.

[Bill No. 95-2021]

Wireless telecommunications antennas or wireless telecommunications towers, subject to Section 426.

[Bill Nos. 64-1986; 30-1998]

10.

Combinations of the above uses.

[Bill No. 111-1968]

11.

Accessory uses or structures, including signs (See Section 450), garages and parking spaces for the use of owners, employees, tenants and invitees. A maximum of six coin-operated children's rides are permitted as an accessory use.

[Bill Nos. 111-1968; 29-1982; 89-1997]

12.

Nanobrewery.

[Bill No. 19-2015]

13.

Residential uses on certain development tracts adjacent to the H Overlay District in accordance with Section 259.9.A.6 of these regulations.

[Bill No. 46-2021]

14.

Residential uses on certain development tracts that meet the requirements of Section 230.5 of these regulations.

[Bill No. 73-2021]

15.

Residential uses on certain development tracts or parcels of land that meet the requirements of Section 230.6 of these regulations

[Bill No. 8-24]

All the above uses in Section 230.1 are subject to the following conditions:

A.

They shall be contained, except for signs, restaurants, swimming pools, outdoor sales or display areas, parking lots, helistops or picnic groves within completely enclosed buildings.

[Bill No. 85-1967]

B.

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

C.

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.

D.

Storage and display of materials, vehicles and equipment are permitted in the front yard, but not more than five feet in front of the required front building line.

E.

In case any property line of a commercially zoned corner lot abuts a residential zone on a side street, no separate and distinct commercial use may be made of that portion of the lot which abuts on the side street unless a site plan for the entire corner lot as a commercial unit shall have been approved by the Baltimore County Department of Planning and the Baltimore County Bureau of Engineering, Department of Public Works and Transportation. Any division of ownership of such lots shall be a subdivision and require approval of the Department of Planning.

[Resolution of 11-21-1956; Bill Nos. 55-2011; 33-2021]

F.

Where the requirements in Section 230.2.A, B or C would create an undue hardship, the Zoning Commissioner may approve a modified plan upon petition and public hearing thereon. ^[23]

G.

A recreational vehicle parking lot is permitted with a use permit, subject to the following:

[Bill No. 102-2006]

1.

The recreational vehicle parking lot shall be affiliated with and located within 1,000 feet of a recreational vehicle sales facility.

2.

A site plan shall be submitted indicating location and type of structure on the lot in question, ingress and egress, parking arrangement and proximity of buildings on adjacent lots.

3.

On the property in question, notice of the application for the use permit shall be conspicuously posted by the Zoning Commissioner for a period of 30 days following the filing of the application.

4.

Within the 30-day posting period, any occupant or owner of real property within 1,000 feet of the lot in question may file a formal request for a public hearing with the Zoning Commissioner in accordance with Section 500.7.

5.

If a formal request for a public hearing is not filed, the Zoning Commissioner, without a public hearing, may grant a use permit for a recreational vehicle parking lot if the proposed use meets all the requirements of this subsection and any other applicable requirements. The use permit may be issued with such conditions or restrictions as determined appropriate by the Zoning Commissioner to satisfy the provisions of this section and to ensure that the recreational vehicle parking lot is not detrimental to the health, safety or general welfare of the surrounding community.

6.

If a formal request for a public hearing is filed, the Zoning Commissioner shall schedule a date for the public hearing to be held not less than 15 days following public notice of such hearing in two newspapers of general circulation and not more than 60 days from the date of filing of the request for public hearing. Following the public hearing, the Zoning Commissioner may either deny or grant a use permit conditioned upon:

a.

His findings following the public hearing; and

b.

The manner in which the requirements of this section and other applicable requirements are met and any additional requirements as deemed necessary by the Zoning Commissioner in order to ensure that the recreational vehicle parking lot is not detrimental to the health, safety or general welfare of the surrounding community.

7.

Signs are permitted, subject to Section 450.

H.

Nanobrewery.

[Bill No. 19-2015]

1.

A nanobrewery may sell retail prepackaged beer and growlers for off-site consumption.

2.

A nanobrewery may apply for a temporary use permit for an off-site event not exceeding three consecutive days in duration.

3.

Food may not be prepared, cooked, sold, or dispensed in any manner on the premises of a nanobrewery. Food purchased off site may be brought onto the premises, if permitted by the establishment.

4.

Alcoholic beverages, other than those purchased at a nanobrewery, may not be brought onto or consumed on the premises.

The following uses when permitted as special exceptions (See Sections 270 and 502.):

Animal boarding place, Class A

[Bill No. 85-1967]

Arcade, subject to the provisions of Section 423B

[Bill No. 29-1982]

Automotive-service station, subject to the provisions of Section 405

[Bill Nos. 40-1967; 85-1967]

Boatyard

[Bill Nos. 64-1963; 85-1967]

Car wash

[Bill Nos. 108-1964; 85-1967]

Commercial beach; with provision of adequate parking area, and permitting dressing facilities, snack bar, picnic area and boat rental

[Bill Nos. 64-1963; 85-1967]

Community building, swimming pool or other structural or land use devoted to civic, social, recreational and educational activities, including use of the building as a catering hall

[Bill Nos. 64-1963; 85-1967; 26-1988; 110-1993]

Community care center

[Bill No. 91-1974]

Drive-in restaurant

[Bill Nos. 40-1967; 85-1967]

Dry-cleaning plant (See Section 416.)

[Bill Nos. 133-1958; 85-1967]

Excavations, controlled (See Section 403.) ^[24]

Funeral establishment, except that any funeral establishment which was a legal use immediately prior to this provision's taking effect ^[25] and which has since remained continuously in operation is a conforming use, permitted as of right; as such, it may be expanded or otherwise changed in the same manner as any other use permitted as of right. Such funeral establishments shall be a permitted use without the necessity of obtaining a special exception, provided said site was either owned or leased for a term in excess of 15 years by a funeral director who is duly registered as such in accordance with state law, prior to April 9, 1970 and provided said ownership or lease is either as an individual person or in the name of a corporation, the majority of the common stock of which is owned by said registered funeral director or together with a spouse as joint owners, or joint lessees, or as tenants in common or joint lessees by virtue of a partnership or joint venture with one or more other duly registered funeral directors; and provided further said registered funeral director files with the Zoning Commissioner of Baltimore County no later than December 31, 1970 satisfactory evidence of ownership or leasehold interest as outlined above

[Bill Nos. 43-1970; 105-1970]

Garage, service

Golf course, country club or other outdoor recreational clubs; also quasi-public camp, including day camps, but no such uses shall be located on less than five acres, and no building, parking lot or out-of-water marine craft storage thereon shall be located within 60 feet of any residential property line

[Bill Nos. 64-1963; 85-1967]

Golf driving range, miniature golf and baseball batting range

Heliport, Type II

[Bill No. 85-1967]

Hotel

Laboratory

Living quarters in a commercial building

Marina

[Bill Nos. 64-1963; 85-1967]

Motel or motor court

Public utility uses other than those noted in Sections 200.11 ^[26] and 230.1.A.9 (See Section 411.)

Retail business located in a single, freestanding structure that has more than 80,000 square feet of gross floor area, which is not located in a C.T., C.C.C., A.S., I.M., or MD 43 District, is not part of a planned shopping center, or is not located in a revitalization district

[Bill No. 88-2010 ^[27]]

Signs, outdoor advertising (See Section 450.)

[Bill No. 89-1997]

Sludge disposal facility — co-landfilling (See Section 412A.2.A.)

[Bill No. 46-1982]

Sludge disposal facility — composting (See Section 412A.2.B.)

[Bill No. 46-1982]

Sludge disposal facility — handling in general (See Section 412A.2.C.)

[Bill No. 46-1982]

Sludge disposal facility — incineration (See Section 412A.2.D.)

[Bill No. 46-1982]

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

[Bill No. 46-1982]

Theater, excluding drive-in

Volunteer fire company

Warehouse, if part of a planned shopping center with a minimum of 30 acres, and if the building for warehouse use does not occupy more than 15 percent of the planned shopping center acreage

[Bill No. 6-2009 ^[28]]

Wireless telecommunications towers, subject to Section 426

[Bill Nos. 61-1967; 85-1967; 64-1986; 30-1998]

[Bill No. 30-2018]

Notwithstanding other provisions of these regulations to the contrary, all uses permitted under Sections 253.1.A through H and 253.2.B through E shall be permitted, by right or by special exception as applicable, on any tract of land: (1) within the URDL; (2) zoned B.L. as of April 16, 2018, (3) having at least a portion of its boundaries within 1,250 feet of property that is zoned within the MD 43 Overlay District as of April 16, 2018, and (4) that is under common ownership or control with at least 800 acres of property zoned within the MD 43 Overlay District.

[Bill No. 73-2021]

A.

Notwithstanding other provisions of these regulations to the contrary, single-family attached two-over-two condominium dwellings are permitted, subject to the requirements of this section, on any tract of land that:

1.

Is located within the URDL;

2.

Is zoned primarily B.L. as of January 1, 2021;

3.

Has a portion of its boundaries adjacent to a private, independent educational facility and abutting land zoned D.R. 16; and

4.

Is part of a planned shopping center approved prior to January 1, 2021.

B.

Density. The maximum number of units permitted on the development tract shall be 68 dwelling units.

C.

Bulk and area regulations. Notwithstanding any regulations to the contrary, development of a tract under this section shall only be governed by the following bulk and area regulations:

1.

Setbacks. The development is exempt from any building to building, front, side, or rear setbacks or any residential transition setback or setback from the center line of any street.

2.

The maximum number of ground floor units in a group is eight.

3.

The two-over-two condominium units shall have a maximum height of 57 feet.

D.

Development standards. Residential development under this section shall:

1.

Be approved by way of a limited exemption under Baltimore County Code § 32-4-106(b)(2);

2.

Not impact the project's status as a planned shopping center;

3.

Be exempt from the requirements of § 32-6-111 of the Baltimore County Code; and

4.

Comply with the open space requirements by paying a fee in lieu under Tier 3 of § 32-6-108(i) of the Baltimore County Code.

[Bill No. 8-24]

A.

Notwithstanding other provisions of these regulations to the contrary, multi-family attached two-over-two townhome condominium dwelling units are permitted in the B.L. Zone and in the D.R.5.5 and D.R.16 zones that are within 1,000 feet of the B.L. Zoned property, subject to the requirements of this section, on any tract or parcel of land that:

1.

Is within the URDL;

2.

Is under common ownership or control;

3.

Has a mix of B.L. and D.R. Zoning; and

4.

Is located within the Liberty West Community Plan Area.

B.

Density. The maximum number of dwelling units permitted on the B.L. Zoned portion of the tract or parcel shall be 40 units and the maximum number of dwelling units on the D.R. Zoned portions of the tract or parcel shall be 220 units.

C.

Bulk and area regulations. Notwithstanding any regulations to the contrary, development of a tract or parcel under this section shall only be governed by the following bulk and area regulations:

1.

Setbacks. The development is exempt from any building to building, front, side, or rear setbacks or any residential transition setback from the centerline of any street or property line and are exempt from any bulk, height and area requirements contained in the comprehensive manual of development policies.

2.

The maximum number of ground floor units in a group is eight.

3.

The two-over-two townhome condominium dwelling units shall have a maximum height of 60 feet.

D.

Development standards. Residential development under this this section shall:

1.

Be approved by way of a limited exemption under Sections 32-4-106(a)(1)(ii) or 32-4-106(b)(2) of the County Code;

2.

Be exempt from the requirements of Section 32-6-111 of the County Code; and

3.

Comply with the open space requirements by paying a fee in lieu under Tier 3 of Section 32-6-108(i) of the County Code.

[Bill No. 8-24]

A.

Purpose and intent. The intent of the following method of height determination is to permit maximum flexibility in proportioning height and bulk in the architectural design and functional planning of buildings in commercial zones, while assuring that a new building will not deprive existing or potential adjacent buildings of adequate light and air circulation. Terms placed in quotation marks are not found as definitions in Section 101 and apply specifically to this section only. The regulations impose a flexible height "tent" within which the building may rise. Along a street, alley or other public way, such "tent" extends upward at a 45-degree angle toward the subject property from the opposite side of the street or alley along its front, side or rear. The height may be averaged; that is, some portions of the building may project above the "tent," provided other portions, equal in total area, stay proportionately below it. From any rear or side lot line which does not adjoin a street, alley or other public way, a similar "tent" would extend upward more steeply with no averaging of height. These provisions make it practicable to assure adequate light and air to adjacent properties if the building height exceeds 40 feet.

B.

Height determination. The height limitation of a building shall be determined as follows: The "basic height" of the front or rear wall of a building along a street, alley or other public way is determined by a "base line plane" extending upward at a 45-degree angle from a "base line" at the average elevation on the property line on the opposite side of the right-of-way, toward a vertical plane (the "measure plane") on the building line, as defined in Section 101. The horizontal line formed by the intersection of these two planes determines the "basic height," which is the vertical distance above the building line. Regardless of the right-of-way width the "basic height" shall not exceed 100 feet, except as permitted hereinafter as "averaged height," nor shall it be required to be less than 40 feet. In calculating "averaged height" on the "measure plane," the area resulting from multiplying the sum of the heights of portions remaining below the "basic height" by their respective widths shall not exceed the area resulting from multiplying the sum of the heights of portions extending above the basic height by their respective widths. In averaging the heights of component parts of the said wall along a public right-of-way, the total horizontal distances used for averaging shall not exceed twice the "basic height," nor shall the maximum height at the building line, resulting from averaging the height of said wall, exceed twice the "basic height." Any part of the building which is set back from the building line shall not project above a plane or planes sloping inward and upward at a 45-degree angle from the averaged permitted heights at the building line, except that heights of such portions of the building so set back may be used to determine the averaged height by projecting them downward at 45 degrees to the "measure plane ^[31]."

C.

On a corner lot a building may have a height along the side street equal to the permitted height of the front wall of the building, determined as provided in Subsection B for a distance from the front corner of the lot equal to the width of the front right-of-way. For the remainder of the building wall along this side of such lot, the permitted height shall be computed in the manner specified in Subsection B.

D.

No part of any building wall adjacent to a side or rear lot line that does not adjoin a street or other public way shall exceed a height of 40 feet above the average ground level along such wall, except that any part of such wall may exceed that height, provided that no portion of the building would project above a plane sloping inward and upward from the lot line at the rate of one-foot horizontally for each five feet of vertical distance above said average ground level. ^[32]

For residences, as in Sections 302 and 303.1; for commercial buildings the front building line shall be not less than ten feet from the front property line and not less than 40 feet from the center line of the street, except as specified in Section 303.2.

A.

For residences, as in Section 302.

B.

For commercial buildings, none required on interior lots, except that where the lot abuts a lot in a residence zone there must be a side yard not less than the greater minimum width required for a dwelling on the abutting lot and on corner lots the side yard on the street side shall be not less than ten feet in width.

[Bill No. 26-1963]

A.

For residences, as in Section 302.

B.

For commercial buildings, none required, except that where the rear lot line abuts a lot in a residence zone there shall be a rear yard not less than 20 feet deep.

In accordance with the provisions of Section 409.

[Bill Nos. 7-1962; 111-1968; 100-1970]

The maximum permitted floor area ratio for any site in a B.L. Zone, excepting C.C.C. and C.T. Districts, shall be 3.0.

[Bill Nos. 36-1988; 1-2014]

A.

Apartments shall be permitted, but only above the first story of a building. Elderly housing facilities and apartments restricted to those age 55 and older shall be permitted in any story of a building.

B.

Notwithstanding any provision of law or regulation to the contrary, all laws and regulations governing the development of elderly housing facilities, including but not limited to height, area, bulk, parking and open space regulations, shall be the only laws and regulations applicable to a conversion of an existing elderly housing facility to apartments restricted to those age 55 and older.

No apartment window facing a property line other than a street line shall be closer than 25 feet thereto. The minimum distance between the centers of facing windows of different apartments on the same lot shall be 50 feet.

The maximum permitted floor area ratio for any site shall be 4.0; the specific number of dwelling or density units, as such, shall not be directly limited.

The minimum permitted amenity open space ratio shall be 0.2.

[Bill No. 185-1995]

A brewery, Class 7, is permitted if within the urban rural demarcation line.

Apartments shall be permitted, but only above the first story of a building. Elderly housing facilities shall be permitted in any story of a building.

No apartment window facing a property line other than a street line shall be closer than 25 feet thereto. The minimum distance between the centers of facing windows of different apartments on the same lot shall be 50 feet.

The maximum permitted floor area ratio for any site shall be 5.5; the specific number of dwelling or density units, as such, shall not be directly limited.

The minimum permitted amenity open space ratio shall be 0.1, except that for abovegrade floor space used for accessory off-street parking spaces, the ratio shall be 0.02.

The maximum average permitted height of any building shall be 1½ times the maximum average height otherwise permitted in B.L. Zones.

Except as provided in Section 232C.2:

A.

The height of a building may not exceed 35 feet; and

B.

The floor area ratio of a building may not exceed 0.5.

The Hearing Officer may approve a plan which exceeds the height and area standards in Section 232C.1 if:

A.

The requirements of Section 502.1 are met;

B.

The proposed height and floor area ratio requirements do not exceed the standards otherwise permitted for a B.L. Zone; and

C.

Based on the recommendations of the Directors of Planning, Environmental Protection and Sustainability, Permits, Approvals and Inspections and Public Works and Transportation, the Hearing Officer determines that the proposed use is compatible, as determined in accordance with § 32-4-402 of the Baltimore County Code, with the existing uses of the contiguous R.C. Zone.

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

The following uses only are permitted (Section 233.2):

A.

Uses permitted in the B.L. Zone.

B.

Animal boarding place, Class A ^[36]

[Bill No. 85-1967 ^[37]

[Bill No. 11-2017]

Bakery, with retail operation

Boatyard

[Bill Nos. 64-1963; 85-1967]

Bowling alleys

Brewery, Class 7, provided that any such use is located within the boundaries of the Ruxton-Riderwood-Lake Roland Community Plan Area and is subject to provisions set forth in Section 233.2.E of these regulations.

[Bill No. 10-2022]

Carpentry, electrical, plumbing, heating, sheet metal, electroplating and painting shops

Catering hall

[Bill No. 110-1993]

Clothes cleaning and dyeing where not more than two units with combined capacity of not more than 50 pounds are employed

Commercial beach, with provision of adequate parking area, and permitting dressing facilities, snack bar, picnic area and boat rental

[Bill Nos. 64-1963; 85-1967]

Commercial kennel, provided that: The commercial kennel is located in an I.M. Overlay District that is within the boundaries of the Hunt Valley/Timonium Master Plan area; any outdoor space associated with the commercial kennel is not used between the hours of 9:00 p.m. and 6:00 a.m.; and the commercial kennel is no closer than 500 feet from a residential use in a residential zone, unless such residential use is located across from a major collector road, in which case the commercial kennel may be located no closer than 100 feet.

[Bill No. 75-2021]

Commercial recreation enterprises, including dance halls, skating rinks and others which, in the judgment of the Zoning Commissioner, are similar, but excluding merry-go-rounds and freak shows, shooting galleries and penny arcades

Community building, swimming pool or other structural or land use devoted to civic, social, recreational and educational activities

[Bill Nos. 64-1963; 85-1967; 26-1988]

Contractor's equipment storage yard, provided that the use is only on property zoned B.M.-I.M. and located within the Southwest Enterprise Zone mapped as of October 1, 2024, and also provided that the use shall not be subject to Section 233.2 of these regulations.

[Bill No. 92-24]

Data centers or energy storage devices if the lot is part of a tract of land that also includes land zoned M.L. or M.H. with or without an overlay district. For purposes of this provision, the tract may include lots separated by public roads or rights-of-way. A use permitted under this paragraph may be established as a single user or operator, or as part of an overall campus or park that includes multiple users or operators.

[Bill No. 54-24]

Funeral establishment

[Bill No. 43-1970]

Garage, service

Golf course, country club or other outdoor recreation clubs; also quasi-public camp, including day camps, but no such uses shall be located on less than five acres, and no building, parking lot or out-of-water marine craft storage thereon shall be located within 60 feet of any residential property line

[Bill Nos. 64-1963; 85-1967]

Health-care and surgery center. (See Section 438.)

[Bill No. 37-2015]

Hotel

Machinery sales store

Marina

[Bill Nos. 64-1963; 85-1967]

New or used automobile sales facility and adjoining outdoor sales area, provided that dismantled or junked cars unfit for operation on the highways may not be stored outdoors, and also provided that a used automobile sales facility may only be located within one mile of the Middle River Design Review Panel Area.

[Bill No. 71-2001; Bill No. 47-22]

Nightclub ^[39]

Printing, lithographing or publishing plant, employing not more than 25 persons ^[40]

Theater, excluding drive-in

Transit centers, subject to Section 434

[Bill No. 91-1990]

Warehouses

[Bill No. 18-1967 ^[41]]

Yacht clubs

[Bill No. 136-1996]

C.

Combinations of the above uses.

[Bill No. 111-1968]

D.

Accessory uses or structures, including signs (See Section 450.), garages and parking spaces for the use of owners, employees, tenants and invitees. A maximum of six coin-operated children's rides are permitted as an accessory use.

[Bill Nos. 111-1968; 29-1982; 89-1997]

E.

Residential uses.

[Bill No. 66-2017]

1.

Locational requirement. Notwithstanding any provision of these regulations to the contrary, residential uses are allowed in the B.M. zone on a development tract, which may include one or more lots under common ownership or control, if the development tract:

(a)

Is at least 25 acres in size; and

(b)

Is located, at its closest point, within 525 feet of a C.T. District in the Owings Mills Growth Area as identified in the Baltimore County Master Plan 2020.

2.

Restriction. The development tract must include a mix of employment, retail and residential uses.

3.

Bulk and area requirements. Residential uses developed in accordance with this section are allowed on any story of a building. Such uses shall be governed by the floor area ratio, density, open space ratio, building height, and parking requirements contained in Section 235B. The only applicable building setbacks shall be front, side, and rear building line to external property line setbacks of five feet each. Section 102.2 of these regulations shall not be applicable.

4.

Open space. The open space waiver fee for residential uses permitted pursuant to this section shall be the fee applicable to the C.T. District.

F.

Industrial uses.

1.

Location Requirement. Notwithstanding any provision of these regulations to the contrary, industrial uses, as specified in this section are permitted on a development tract, which may include one or more lots under common ownership or control, if the development tract:

(A)

Is at least 30 acres in size;

(B)

Has either a C.T. or C.C.C. Overlay District; and

(C)

Is located within:

(1)

The Chesapeake Enterprise Zone as of January 1, 2024; and

(2)

4,000 feet of Back River Wastewater Treatment Plant, as measured from the plant's external tract boundary.

2.

Permitted Uses. All uses permitted under Sections 253.1.A and 253.1.B of these regulations are permitted by right on a development tract that satisfies the location requirement set forth in subparagraph 1 of this paragraph, except that grain processing is prohibited. Notwithstanding any provision in these regulations to the contrary, a contractor's equipment storage yard is permitted by right and a car wash is permitted by special exception.

[Bill No. 42-24]

G.

Residential uses in Hunt Valley. Notwithstanding any provision in these regulations to the contrary, residential uses are permitted in accordance with this section in the B.M. Zone on a development tract, which may include one or more lots under common ownership, as follows:

[Bill No. 1-24]

1.

Locational requirement. The development tract must meet the following requirements:

a.

Be at least 15 and no greater than 18 net acres in size;

b.

Be located within the Hunt Valley/Timonium Master Plan Focus Area; and

c.

Be located east of Interstate 83, west of York Road, north of Padonia Road, south of Shawan Road and, at its closest point, within 1,500 feet of the B.M.-C.T. District of Hunt Valley.

2.

Dwelling unit type and density. The residential uses may consist of multi-family units in the form of either apartments or stacked townhomes and/or single-family attached units; the gross residential density of the development tract may not exceed the lesser of 16 dwelling units per acre or 290 dwelling units.

3.

Setbacks. With the exception of a required 50 foot building setback to edge of paving of Shawan Road and the ramp from Interstate 83 if the location of a development tract is applicable, the residential uses shall maintain front, side, and rear building setbacks to external property lines of 20 feet and a maximum building height of 60 feet.

4.

Bulk, height, and area requirements. Residential uses shall not be subject to any other bulk, height, area, or special regulations applicable to the underlying zoning classification or those contained in the comprehensive manual of development policies.

5.

Property barriers. Fencing will be provided along Shawan Road and the ramp from Interstate 83 if the location of the development tract is applicable. Architectural acoustic features may be required to provide sound attenuation for the project from adjacent roadways.

6.

Open space. In lieu of providing the total amount of open space required by Section 32-6-108 of the Baltimore County Code, an open space waiver may be requested as long as a minimum of 75,000 square feet of open space is provided, at least 30,000 square feet of which shall be in the form of a centrally located community green with the remainder being divided into at least three smaller open space areas within the site. The open space will include amenities. The open space waiver fee shall be the fee applicable to the C.C.C. District.

7.

Connectivity. Pedestrian connections will be provided onsite to help facilitate access to transit, retail, and commercial uses in the vicinity.

[Bill No. 40-2001]

All permitted uses are subject to the following conditions:

A.

They shall be contained, except in the case of signs, restaurants, swimming pools, outdoor sales or display areas and parking lots, within a completely enclosed building.

B.

Not more than 25 employees shall be regularly engaged in fabrication, repair, cleaning or other processing of goods or articles in any one establishment.

C.

Where the requirements in Section 233.2.A or B would create undue hardship, the Zoning Commissioner may approve a modified plan upon petition and public hearing thereon.

D.

Dance halls and nightclubs may not be located within 1,000 feet of a lot zoned residentially or devoted primarily to residential use.

E.

Class 7 breweries located in the Ruxton-Riderwood-Lake Roland Community Plan area shall:

[Bill No. 10-2022]

1.

Be located in its entirety within 1,100 feet of the furthest pedestrian access point to the parking lot of the Falls Road light rail stop; and

2.

Be located West of Falls Road.

The following uses when permitted as special exceptions (Sections 270 and 502): ^[42]

Arcade, subject to the provisions of Section 423B

[Bill No. 29-1982]

Automotive-service station, subject to the provisions of Section 405

[Bill Nos. 40-1967; 85-1967]

Bus terminal

Car wash

[Bill Nos. 108-1964; 85-1967]

Drive-in restaurant

[Bill Nos. 40-1967; 85-1967]

Excavations, controlled (Section 403) ^[43]

Golf driving range, miniature golf and baseball batting range

Heliport, Type I

[Bill No. 85-1967]

Heliport, Type II

[Bill No. 85-1967]

Laboratory

Living quarters in a commercial building ^[44]

Pawnshop

[Bill No. 112-1995]

Public utility uses other than those noted in Sections 200.11 ^[45] and 230.1.A.9 (See Section 411.)

Signs, outdoor advertising (See Section 450.)

[Bill No. 89-1997]

Sludge disposal facility — co-landfilling (Section 412A.2.A)

[Bill No. 46-1982]

Sludge disposal facility — composting (Section 412.2.B)

[Bill No. 46-1982]

Sludge disposal facility — handling in general (Section 412A.2.C)

[Bill No. 46-1982]

Sludge disposal facility — incineration (Section 412A.2.D)

[Bill No. 46-1982]

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

[Bill No. 46-1982]

Striptease business

[Bill No. 137-1990]

Wireless telecommunications towers, subject to Section 426

[Bill Nos. 61-1967; 85-1967; 64-1986; 30-1998]

Same as in B.L. Zones.

[Bill No. 3-2016]

For residences, as in Sections 302 and 303.1; for commercial buildings the front building line shall be not less than 15 feet from the front property line and not less than 40 feet from the center line of the street, except as specified in Sections 303.2 and 235B.

[Bill No. 3-2016]

For residences, as in Section 302. For commercial buildings, same as in B.L. Zone, except as specified in Section 235B.

For residences, as in Section 302. For commercial buildings, same as in B.L. Zones.

In accordance with the provisions of Section 409.

[Bill Nos. 7-1962; 111-1968]

The maximum permitted floor area ratio for any site in a B.M. Zone, excepting C.T. Districts, shall be 4.0.

Apartments shall be permitted, but only above the first story of a building. Elderly housing facilities shall be permitted in any story of a building.

No apartment window facing a property line other than a street line shall be closer than 25 feet thereto. The minimum distance between the centers of facing windows of different apartments on the same lot shall be 50 feet.

The specific number of dwelling or density units, as such, shall not be directly limited.

The minimum permitted amenity open space ratio shall be 0.2.

[Bill No. 185-1995]

A brewery, Class 7, is permitted if within the urban rural demarcation line.

[Bill No. 79-2012; 35-2019; 115-2020]

Apartments shall be permitted, but only above the first story of a building, except that apartments and elderly housing facilities shall be permitted in any story of the building in accordance with the following:

A.

In the B.M. or B.M.-C.T. Zone located North of Shawan Road, West of York Road, and South and East of McCormick Road within a Commercial Mixed Use Focal Point in the Hunt Valley/Timonium Master Plan.

B.

In the B.M.-C.T. Zone located north of Lakeside Boulevard, west of Painters Mill Road, south of I-795/Northwest Expressway, and east of Owings Mills Boulevard in the Owings Mills Town Center Sub Area of the Owings Mills Growth Area in the Master Plan 2020.

C.

In the B.M.-C.T. Zone located North and West of Honeygo Boulevard, South of White Marsh Boulevard, and East of Perry Hall Boulevard within the White Marsh Mall Sub Area of the Middle River Redevelopment Area in Master Plan 2020.

[Bill No. 9-2022]

[Bill No. 3-2016]

No apartment window facing a property line other than a street line shall be closer than 25 feet thereto, except for a building on property in the C.T. District of Towson located within 750 feet of the York Road Circle for which no setback is required. The minimum distance between the centers of facing windows of different apartments on the same lot shall be 50 feet, except for a building on property in the C.T. District of Towson located within 750 feet of the York Road Circle for which the minimum distance shall be ten feet.

[Bill No. 3-2016]

The maximum permitted floor area ratio for any site shall be 5.5; the specific number of dwelling or density units, as such, shall not be directly limited. For a site in the C.T. District of Towson located within 750 feet of the York Road Circle, the maximum permitted floor area ratio shall be 6.5; the specific number of dwelling or density units, as such, shall not be directly limited. Notwithstanding Section 101, within 750 feet of the York Road Circle, accessory off-street parking shall not be counted in determining the permitted floor area ratio.

[Bill Nos. 88-1997; 49-2016]

A.

Except in the Downtown Towson District, the minimum permitted amenity open space ratio shall be 0.1, except for above-grade floor space used for accessory off-street parking spaces, the ratio shall be 0.02.

B.

In the Downtown Towson District:

1.

Tree plantings and street furniture shall be provided between the curb and building according to the Towson Streetscape Standards adopted pursuant to Section 504 and set forth in the Comprehensive Manual of Development Policies.

2.

The width of the streetscape area shall be consistent with the adjacent setback of neighboring properties, based upon the recommendations of the Director of Planning. In no case shall the width of the streetscape exceed 25 feet.

3.

If streetscaping has already been provided, the Director of Permits, Approvals and Inspections or the hearing officer shall require an applicant to pay a fee determined by the Director of Public Works and Transportation, not to exceed the cost of providing the streetscape area, to be used for the maintenance of the streetscape in the Downtown Towson District.

[Bill No. 33-2021]

[Bill Nos. 3-2016; 49-2016]

The maximum average permitted height of any building shall be 1½ times the maximum average height otherwise permitted in the B.M. Zones, except that, for a building in the C.T. District of Towson located within 750 feet of the York Road Circle, the maximum average permitted height shall be 2.0 times the maximum average height otherwise permitted.

For all buildings containing apartments, there shall be provided at least one parking space for each dwelling unit. Up to 50 percent of such spaces on any lot shall be counted in determining the number of spaces provided for commercial and office uses on the same lot (See Section 409.2.d.).

[Bill No. 45-2019]

In addition to the uses otherwise permitted in the B.M. Zone, the uses permitted by right under Section 253.1 of these regulations shall be permitted by right on a site with a C.T. District Overlay and located in the Middle River Employment Center Area Plan.

[Bill No. 16-2015]

A.

This section applies to land zoned B.M.-C.T. and located in the Owings Mills Town Center as identified in the Baltimore County Master Plan 2020. A state-designated transit-oriented development is not subject to any of the height or area regulations otherwise applicable in the B.M. Zone or in the C.T. District superimposed upon the B.M. Zone. The following regulations, only, shall apply:

1.

The maximum permitted floor area ratio for any site shall be as provided in Section 235B.3; the specific number of density or dwelling units is not limited.

2.

Apartments, elderly housing facilities, and assisted-living facilities are permitted in any story of a building.

3.

The maximum building height of any building is determined by the application of Section 231 of these regulations, or 300 feet, whichever height is greater.

4.

The minimum permitted amenity open space ratio shall be 0.1, except that, for above-grade floor space used for accessory off-street parking spaces, the ratio shall be 0.02. Public buildings, including but not limited to libraries, colleges and community buildings, may be counted in calculating the total amount of amenity open space provided.

5.

Approval of a pattern book or modification to a pattern book may allow waiver or modification of any applicable sign regulations contained in Section 450 or policies related to signage governing development of the property. Such waiver or modification will be reviewed and approved by the Director of Planning.

B.

Notwithstanding a noise mitigation policy of Baltimore County requiring a 500-foot distance from the edge of paving of a designated highway, any type of buildings for human habitation, including dwellings of any type, housing for the elderly and assisted-living facilities, group child-care facilities, churches, hospitals and schools, may be located as close as 150 feet to the edge of paving of such highway when located within the boundaries of a state-designated transit-oriented development in the C.T. District of Owings Mills.

[Bill No. 3-2016; 35-2019]

No front, side or rear yards or any setbacks are required for a building on property in the C.T. District of Towson located within 750 feet of the York Road Circle. For property zoned B.M. or B.M.-C.T. located north of Shawan Road, west of York Road, and south and east of McCormick Road within a Commercial Mixed Use Focal Point in the Hunt Valley/Timonium Master Plan, there shall be no front, side or rear yards or any setbacks required for buildings or lot lines that are internal to the site; setbacks from lot lines shared with properties located outside the Commercial Mixed Use Focal Point Area shall be as required in the B.M.-C.T. Zone.

Except as provided in Section 235C.2:

A.

The height of a building may not exceed 35 feet; and

B.

The floor area ratio of a building may not exceed 0.5.

The Hearing Officer may approve a plan which exceeds the height and area standards in Section 235C.1 if:

A.

The requirements of Section 502.1 are met;

B.

The proposed height and floor area ratio requirements do not exceed the standards otherwise permitted for a B.M. Zone; and

C.

Based on the recommendations of the Directors of Planning, Environmental Protection and Sustainability, Permits, Approvals and Inspections and Public Works and Transportation, the Hearing Officer determines that the proposed use is compatible, as determined in accordance with § 32-4-402 of the Baltimore County Code, with the existing uses of the contiguous R.C. Zone.

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

The following uses only are permitted:

A.

Uses permitted and as limited in the B.M. Zone.

B.

Animal boarding place, Class A

[Bill No. 85-1967]

Animal boarding place, Class B

[Bill No. 85-1967]

Bottling establishment, soft drink

Brewery, Class 7, if within the urban rural demarcation line

[Bill No. 185-1995]

Commercial recreational facilities

[Bill No. 29-2018]

Greenhouse

Laboratory

Motel or motor court

Printing, lithographing or publishing plant employing over 25 persons

Private kennel and commercial kennel, subject to Section 421

[Bill No. 87-2001]

Volunteer fire company

C.

The following uses when located at least 50 feet from the residential zone boundaries at the ends of the commercially zones frontages:

[Resolution of 11-21-1956]

Building materials storage and sales yard

Farm implements, sales and service

Feed and grain sales and storage ^[50]

Lumberyard

Public utility storage yard

Stone or monument works

Storage of inflammable liquids and gases underground (See Baltimore County Building Code for requirements.).

Tire retreading or recapping.

The following uses when permitted as special exceptions (Sections 270 and 502): ^[51]

Airport

Amusement park

Arcade, subject to the provisions of Section 423B

[Bill No. 29-1982]

Automotive-service station, subject to the provisions of Section 405

[Bill Nos. 40-1967; 85-1967] ^[52]

Bus terminal

Car wash

[Bill Nos. 108-1964; 85-1967]

Cemetery (Section 401)

Contractor's equipment storage yard

Drive-in restaurant

[Bill Nos. 40-1967; 85-1967]

Excavations, controlled (Section 403) ^[53]

Golf driving range, miniature golf and baseball batting range

Heliport, Type I

[Bill No. 85-1967]

Heliport, Type II

[Bill No. 85-1967] ^[54]

Living quarters in a commercial building

Mobile home park (Section 414)

[Bill No. 27-2015]

Moving and storage establishments

[Bill No. 18-1976]

Pawnshop

[Bill No. 112-1995]

Poultry, commercial killing of

Public utility uses other than those noted in Sections 200.11 ^[55], 230.1.A.9 and 236.1C (See Section 411.)

Racetrack, commercial

Riding stable, commercial

Sanitary or rubble landfills (Section 412)

[Bill No. 97-1987]

Shooting range

Signs, outdoor advertising, subject to Section 450

[Bill No. 89-1997] ^[56]

Sludge disposal facility — co-landfilling (Section 412A.2.A)

[Bill No. 46-1982]

Sludge disposal facility — composting (Section 412A.2.B)

[Bill No. 46-1982]

Sludge disposal facility — handling in general (Section 412A.2.C)

[Bill No. 46-1982]

Sludge disposal facility — incineration (Section 412A.2.D)

[Bill No. 46-1982]

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

[Bill No. 46-1982]

Storage of inflammable liquids and gases aboveground (See Baltimore County Building Code for requirements.)

Striptease business

[Bill No. 137-1990]

Theater, drive-in

Truck stops

[Bill No. 18-1976] ^[57]

Used motor vehicle outdoor sales area, separated from sales agency building

Wireless telecommunications towers, subject to Section 426

[Bill Nos. 61-1967; 85-1967; 64-1986; 30-1998]

Same as in B.L. Zones.

Front yard for residences, as in Sections 302 and 303.1; for commercial buildings the front building line shall be not less than 50 feet from the front property line if on a dual highway; and not less than 25 feet from the front property line and not less than 50 feet from the center line of any other street, except as specified in Section 303.2.

Side and rear yards for residences, as in Section 302; for other buildings, 30 feet.

Parking areas and loading space in accordance with the provisions of Section 409.

Storage and display of materials, vehicles and equipment are permitted in the front yard, but not more than 15 feet in front of the required front building line.

[Bill Nos. 7-1962; 111-1968; 100-1970]

The maximum permitted floor area ratio for any site in a B.R. Zone, except in C.C.C. and C.T. Districts, shall be 2.0.

Apartments shall be permitted, but only above the first story of a building. Elderly housing facilities shall be permitted in any story of a building.

No apartment window facing a property line other than a street line shall be closer than 25 feet thereto. The minimum distance between the centers of facing windows of different apartments on the same lot shall be 50 feet.

The maximum permitted floor area ratio for any site shall be 4.0; the specific number of density or dwelling units, as such, shall not be directly limited.

The minimum permitted amenity open space ratio shall be 0.2.

Apartments shall be permitted, but only above the first story of a building except that elderly housing facilities and apartments on specified B.R. zoned property shall be permitted in any story of a building.

[Bill No. 76-22]

Except as provided in Section 238B.6, no apartment window facing a property line other than a street line shall be closer than 25 feet thereto. The minimum distance between the centers of facing windows of different apartments on the same lot shall be 50 feet.

[Bill No. 76-22]

The maximum permitted floor area ratio for any site shall be 5.5; the specific number of dwelling or density units, as such, shall not be directly limited.

The minimum permitted amenity open space ratio shall be 0.1, except that for above-grade floor space used for accessory off-street parking spaces, the ratio shall be 0.02.

The maximum average permitted height of any building shall be 1½ times the maximum average height otherwise permitted in B.R. Zones.

[Bill No. 76-22]

For buildings on specified B.R. zoned property, the following building setbacks only shall apply: 25 foot setback from the front property line or 50 feet from the centerline of public street, and ten feet from the rear or a side property line. Section 238b.2 does not apply to buildings on specified B.R. Zoned Property.

Except as provided in Section 238C.2:

A.

The height of a building may not exceed 35 feet; and

B.

The floor area ratio of a building may not exceed 0.5.

The Hearing Officer may approve a plan which exceeds the height and area standards in Section 238C.1 if:

A.

The requirements of Section 502.1 are met;

B.

The proposed height and floor area ratio requirements do not exceed the standards otherwise permitted for a B.R. Zone; and

C.

Based on the recommendations of the Directors of Planning, Environmental Protection and Sustainability, Permits, Approvals and Inspections and Public Works and Transportation, the Hearing Officer determines that the proposed use is compatible, as determined in accordance with § 32-4-402 of the Baltimore County Code, with the existing uses of the contiguous R.C. Zone.

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

In order to provide greater flexibility in the selection of industrial areas, to assure effective control over the location, type and arrangement of industrial uses, so as to protect the uses in neighboring residential zones, M.R. Zones may only be created by petition in accordance with the procedure outlined in the following sections. Nothing herein shall be construed to have any effect on a zone established as M.R. prior to the enactment hereof.

If an M.R. Zone does not adjoin an M.L., M.H. or M.L.R. Zone, it must comprise at least five acres. An individual tract within an M.R. Zone may be less than five acres. A tract which adjoins an M.L., M.H. or M.L.R. Zone may be reclassified as an M.R. Zone even if such tract contains less than five acres in area, provided that it conforms in all other respects to the use and area regulations of an M.R. Zone.

When the owner of property located within an M.R. Zone proposes to develop such property, or any part thereof, he shall file with the Director of Planning five copies of a proposed development plan. Such plan shall show (a) existing topography and proposed changes in grade; (b) proposed streets within the planned area and their relation to adjacent streets; (c) approximate location, size and general character, including but not limited to materials, of proposed structures; (d) proposed use; (e) location and size of parking lots, and loading and unloading areas based on anticipated number of employees and trucks; and (f) proposed screening and planting. The Planning Board shall, within 30 days after receipt of such plan by the Director of Planning make its recommendations in writing to the Zoning Commissioner. The Zoning Commissioner, after due notice, shall proceed to hold a public hearing on such proposed development plan and shall thereafter pass an order approving or disapproving such plan. If approved with conditions, the conditions shall be incorporated in said order. An appeal may be taken from such order to the County Board of Appeals.

A petition for creating an M.R. Zone shall be filed with the Zoning Commissioner. There shall be filed with such petition five copies of a proposed development plan. Such plan shall contain the same information as is required for the proposed development plan under Section 240.3. A copy of such plan shall be transmitted forthwith to the Planning Board. The Planning Board shall, within 30 days after receipt of such plan, make its recommendations in writing to the Zoning Commissioner concerning the petition for creation of an M.R. Zone and the proposed development plan. The Zoning Commissioner, after due notice, shall proceed to hold a public hearing on such petition and proposed development plan, and shall thereafter pass an order either creating the requested M.R. Zone or denying the request for such zone. The order creating the requested M.R. Zone shall also either approve or disapprove the proposed development plan. If the proposed development plan is approved with conditions, the said conditions shall be incorporated in said order. An appeal may be taken from such order to the County Board of Appeals.

Any order approving a proposed development plan shall require that buildings and grounds shall be developed and maintained in accordance with such plan; provided, however, that the Zoning Commissioner may from time to time approve changes in such plan upon request and after public hearing.

A building permit shall not be issued in any M.R. Zone for a structure unless it complies with an approved development plan.

The following uses are permitted, provided that their operations are entirely within enclosed buildings except where approval of the development plan indicates otherwise: ^[61]

Any use permitted in a Commercial Zone or M.E. Overlay District that adjoins the M.R. Zone, except residential uses. The use shall be reviewed and approved in accordance with Section 240.3.

[Bill Nos. 81-2010; 17-2016]

Assembly of electrical appliances, electronic instruments and devices, radios and phonographs

Bakery

Bank

[Bill Nos. 139-1962; 85-1967]

Bottling establishment, soft drink

Cold storage plant

Commercial film production

[Bill No. 57-1990]

Commercial recreational facilities

[Bill No. 21-1996]

Data centers or energy storage devices

[Bill No. 54-24]

Heliport, Type II, if located at least 200 feet from a residential zone

[Bill No. 85-1967]

Helistop

[Bill No. 85-1967]

Laboratory ^[62]

Manufacture, compounding, packaging or treatment of candy, cosmetics, drugs, perfumes and food products

Manufacturing, compounding, electroplating, assembling, machining or other comparable light processing or treatment of articles of merchandise from the following previously prepared materials: canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, horn, leather, paper, plastics, precious or semiprecious metals or stones, sheet metal (excluding large stampings such as motor vehicle fenders and bodies), light steel or other light metal mesh, pipe, rods, shapes, strips, wire or similar component parts, shells, textiles, tobacco, wax, wood and yarns

[Resolution, November 21, 1956]

Manufacture of musical instruments, precision instruments, clocks, watches, toys, novelties, wrought iron products, rubber or metal stamps and other small molded rubber products

Neighborhood car rental agency, subject to Section 408A

[Bill No. 122-2005]

Office and office buildings and medical clinic

[Bill No. 37-1988]

Printing, lithographing or publishing plant

Public utility uses

Research institute

[Bill Nos. 76-1964; 85-1967]

Transit facilities, rail passenger stations subject to Section 434, transit centers and transit storage repair yards

[Bill No. 91-1990]

Warehouses (inclusion of wholesale sales area permitted, provided it is clearly incidental to the warehouse function)

[Bill No. 18-1976 ^[63]]

Accessory uses

[Bill No. 18-1976]

The following uses are prohibited:

Dwellings

No outside display or storage of products or materials of any kind is permitted in the front, side or rear yards.

If required, screening shall be provided by structure and/or planting, of such nature and in such locations as may be specified by the Director of Planning.

Same as in the B.L. Zone.

The front building line shall be not less than 75 feet from the front property line.

Fifty feet measured from the side property line.

Fifty feet measured from the rear property line.

No building or other structure shall be closer than 125 feet at any point to the nearest boundary line of a residential zone.

[Resolution, November 21, 1956]

Maximum permitted floor area ratio (FAR) 0.4, except in the case of a one-story building, not more than 25 percent of the land area may be covered by any such building(s).

[Resolution, November 21, 1956]

Off-street parking and loading areas shall be in accordance with the requirements of Section 409, but no parking is permitted within 25 feet of any residential zone boundary. Parking areas shall be paved, and any lighting thereof shall be reflected away from residential zones, and, if on standards, lights shall not exceed the height of the highest building.

To permit grouping of high types of industrial plants in industrial subdivisions in locations with convenient access to expressways or other primary motorways so as to minimize the use of residential streets; to fill special locational needs of certain types of light industry; to permit planned dispersal of industrial employment centers so as to be conveniently and satisfactorily related to residential communities; and as transitional bands between residential or institutional areas and M.L. or M.H. Zones.

A.

The following uses only are permitted:

1.

Uses permitted in the M.R. Zone, except heliport, Type II, which may be permitted only as a special exception.

[Bill No. 85-1967]

2.

Uses permitted and as limited in the D.R.1 Zone ^[64] by Section 200.11, except that animal boarding place, Class A and kennel are prohibited;

[Bill No. 85-1967]

3.

Living quarters for watchmen and caretakers and their families living on the premises and engaged in connection with any lawful use in the M.L.R. Zone except that animal boarding place, Class A and kennel are prohibited;

[Bill No. 54-24]

4.

Schools, including business or trade schools

[Bill No. 41-2013]

5.

Accessory buildings and uses in connection with living quarters (see above) and as limited by Section 400

6.

Car wash in a planned industrial park only, subject to Section 419

[Bill No. 172-1993]

7.

Fuel service stations in a planned industrial park only, subject to Section 405

[Bill No. 172-1993]

8.

Hotels and motels when within an M.L.R. Zone which is part of a contiguous area of 25 acres or more of industrial zoning, and provided that the combined tract areas developed for such uses do not occupy more than 25 percent of the particular contiguous area of industrial zoning in which they are located.

9.

Wireless transmitting or receiving structures 200 feet or less in height above grade level (See Section 426.)

[Bill Nos. 82-1984; 64-1986]

10.

Radio broadcasting studios, not including broadcasting towers

[Bill No. 32-1990]

11.

Service garage with a valid Baltimore County license for the towing of vehicles, subject to Section 405A

[Bill No. 133-2006]

12.

Data centers or energy storage devices

[Bill No. 54-24]

13.

Housing for the elderly, provided the use is located in an M.L.R. Zone which is part of a contiguous area of 150 acres or more of industrial zoning and at least 80 percent of the dwellings are located within buildings previously developed for office or mixed use

[Bill No. 93-24]

When permitted as special exceptions (See Sections 270 and 502.):

A.

The following uses:

Airstrips

Automotive-service station, subject to the provisions of Section 405

[Bill Nos. 40-1967; 85-1967]

Boatyard (including marine railway)

Commercial recreational facilities

[Bill No. 21-1995]

Excavations, controlled (See Section 403.)

Heliport, Type II

[Bill No. 85-1967]

Public utility uses other than those noted in Section 200.11 ^[66] excluding steam power plant

Riding stable (commercial), golf driving range, miniature golf, baseball batting range; as interim income-producing uses

Sanitary or rubble landfills (See Section 412.)

[Bill No. 97-1987]

Sludge disposal facility — co-landfilling (See Section 412A.2.A.)

[Bill No. 46-1982]

Sludge disposal facility — composting (See Section 412A.2.B.)

[Bill No. 46-1982]

Sludge disposal facility — handling in general (See Section 412A.2.C.)

[Bill No. 46-1982]

Sludge disposal facility — incineration (See Section 412A.2.D.)

[Bill No. 46-1982]

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

[Bill No. 46-1982]

Volunteer fire company

Wireless telecommunications towers, subject to Section 426

[Bill Nos. 61-1967; 85-1967; 64-1986; 30-1998]

B.

The following commercial uses, when within an M.L.R. Zone which is part of a contiguous area of 25 acres or more of industrial zoning and if the specific use proposed is demonstrably an appropriate service to industries existing, planned or normally to be expected to locate therein; and in no case shall the combined tract areas developed for one or more of these service commercial uses occupy more than 15 percent of M.L.R. tract in which they are located:

Bank

Business and trade schools

Carry-out, fast food and standard restaurant

[Bill No. 110-1993] ^[67]

C.

In order that the above-listed uses in Subsections A and B hereof will be located within the M.L.R. Zone so as to assure their services' being rendered primarily to the industries therein, no building or structure connected with such commercial uses may be within 100 feet of the right-of-way of an existing or proposed major street. This limitation shall not apply to locations on minor or local industrial subdivision roads or to freeways (on which the use does not have direct access).

Maximum height of buildings: 60 feet, except that any building may exceed such height, provided that at no point it projects above a line sloping inward and upward at a 45-degree angle from the 60-foot elevation at the required setback line. (See also Section 300.1.) Building heights are further restricted by the permitted floor area ratio, Section 250.5.

The front building line shall be not less than 50 feet from the front property line if on a dual highway, and not less than 40 feet from the front property line if on any other street.

Thirty feet in width measured from either side property line for one side yard, but the sum of both side yards shall not be less than 80 feet; if a corner lot, same requirement as for a front yard (See also Section 301.3.).

Forty feet in depth measured from the rear property line (See also Section 301.3.).

[Bill No. 46-2007]

No building or other industrial structure shall be at any point less than 100 feet distant from the nearest residential zone line, except that no building or other industrial structure shall be at any point less than 70 feet distant from the nearest R.C.5 Zone line provided it is no less than 90 feet from any adjacent R.C.5-Zoned property line.

[Bill No. 61-1967]

Maximum permitted FAR: 0.6, except that not more than 50 percent of the land area may be covered by buildings (exclusive of special projections as provided for in Section 301).

Off-street parking and loading areas shall be in accordance with the requirements of Section 409, but no parking is permitted within 25 feet of any residential zone boundary. Parking areas shall be paved, and any lighting thereof shall be reflected away from residential zones, and, if on standards, lights shall not exceed the height of the highest building.

No storage of products or materials of any kind is permitted in the front yard, nor in side or rear yards unless effectively screened from adjacent residential land. Display of products is permitted not closer than 75 feet to the center line of any street.

A.

If development of an M.L.R. Zone or any part thereof is proposed to involve occupancy by more than one separate industrial plant, whether on the basis of lease or purchase of separate sites, it shall constitute a subdivision and be subject to subdivision regulations. A suitable degree of flexibility may be permitted in the sizes and shapes of individual sites, but the tentative plan for subdivision for coordinated development shall show all locations of industrial access streets within the planned area, any proposed joint loading facilities or railroad sidings, and information necessary to plan for accommodating other public facilities, such as storm drains. Any previously approved M.L.R. subdivision plan may be amended upon the owner's or developer's request, subject to approval of such revised plans by the Department of Planning.

[Bill No. 55-2011]

B.

Coordinated development as an industrial subdivision may be elected by the owner or owners of contiguous tracts. In such case, the joint plan therefor shall be a subdivision, whether all, some or none of the properties included involve imminent development.

Development of an individual establishment within an M.L.R. Zone shall be in accord with approved site development plans, as required in building permit processing prior to development in any industrial zone. Approved plans for site development should include:

A.

Three or more copies of a general plan for site development, showing building coverage, placement of other structural features, interior roads, parking areas, existing topography and proposed grading, screening and areas of lawn and planting.

B.

Plans or sketches of all elevations of each building exterior, indicating building materials.

C.

A general explanation of the proposed plan of use and operation, including but not limited to such factors as expected maximum number of employees and times of operation; timing and routing of movements of raw materials to the site and of finished products therefrom; expected levels of potential emanations, including but not limited to noise, dust, odors, vibration, glare and heat.

The uses listed in this section, only, shall be permitted as of right in M.L. Zones, subject to any conditions hereinafter prescribed.

A.

The following industrial uses: ^[72]

1.

Airplane assembly.

2.

Automobile assembly.

3.

Boatyards (including marinas or marine railways).

4.

Bottling establishments, soft-drink.

5.

Brewery, Class 5B, if within the urban rural demarcation line

[Bill No. 185-1995]

6.

Candy manufacture, packaging or treatment.

7.

Carpet or rug cleaning.

8.

Cellophane-products manufacture or processing-restricted production (See Section 253.3.).

9.

Cleaning or dyeing.

10.

Concrete products manufacture, including manufacture of concrete blocks or cinder blocks.

11.

Cork products manufacture or processing-restricted production (See Section 253.3.).

12.

Cosmetics manufacture, compounding, packaging or treatment.

13.

Drug manufacture, compounding, packaging or treatment.

14.

Electrical appliance assembly.

15.

Enameling, japanning or lacquering.

16.

Excavations, controlled, except those involving the use of explosives.

17.

Fiber products manufacture or processing, including the manufacture or processing of articles made of felt or yarn, or of textiles, canvas or other cloth-restricted production (See Section 253.3.).

18.

Food products manufacture, compounding, packaging or treatment, including but not limited to wholesale bakeries; canning plants or packing houses for canning, packing or processing of vegetables; creameries or milk-pasteurization or distributing stations; or cold-storage plants.

19.

Fur products manufacture or processing-restricted production (See Section 253.3.).

20.

Glass products manufacture or processing-restricted production (See Section 253.3.).

21.

Grain processing, provided equipment is installed for effective precipitation and recovery of dust.

22.

Greenhousing, wholesale.

23.

Horn products manufacture or processing-restricted production (See Section 253.3.).

24.

Ice manufacture.

25.

Ink blending, etc., restricted production (See Section 253.3.).

26.

Instrument manufacture, of precision instruments, including manufacture of watches or clocks.

27.

Jewelry manufacture or processing or manufacture or processing of other articles made of precious or semiprecious metals or stones-restricted production (See Section 253.3.).

28.

Laboratories.

29.

Leather products manufacture or processing-restricted production (See Section 253.3.).

30.

Lumberyards.

31.

Metal products manufacture or processing, limited to the restricted production (See Section 253.3) of articles made of sheet metal, light metal mesh, pipe, wire, rods, strips or other shapes or similar component parts, and including metal container assembly, finishing, and painting.

[Bill No. 7-2020]

32.

Metal-stamp manufacturing.

33.

Musical instruments manufacture.

34.

Offices or office buildings or medical clinics.

[Bill No. 37-1988]

35.

Paint blending, etc., restricted production (See Section 253.3.).

36.

Paper and paperboard products manufacture or processing-restricted production (See Section 253.3.).

37.

Perfume manufacture, compounding, packaging or treatment.

38.

Phonograph assembly.

39.

Plastic products manufacture or processing-restricted production (See Section 253.3.).

40.

Plating, including galvanizing.

41.

Poultry killing.

42.

Practice or training physical conditioning facilities and fields for amateur or professional sports organizations, provided that there shall not be any accommodations for public spectators, no more than one sports organization uses such a facility at one time, and no such facility includes any lighting that would produce substantial off-site illumination, nor any provisions for selling public admissions to sports events to be conducted thereon. For the purposes of these regulations, "practice or training physical conditioning facilities and fields for amateur or professional sports organizations" may include such offices as are necessary for the administration of the organization.

[Bill No. 125-1978]

43.

Printing, lithographing or publishing plants.

44.

Radio assembly or assembly of other electronic instruments or devices.

45.

Research institutes.

46.

Rubber-stamp manufacture and manufacture of other small molded rubber products.

47.

Shell products manufacture or processing-restricted production (See Section 253.3.).

48.

Stone or monument works.

49.

Tire retreading or recapping.

50.

Tobacco products manufacture or processing-restricted production (See Section 253.3.).

51.

Toy manufacture or manufacture of novelties.

52.

Trailer assembly, including the assembly of truck trailers or mobile homes.

53.

Wax products manufacture or processing-restricted production (See Section 253.3.).

54.

Wood products manufacture or processing-restricted production (See Section 253.3.).

55.

Wrought iron products manufacture.

56.

Other manufacture of articles of merchandise made from materials permitted to be used and made by processes permitted to be employed in the production activities more specifically listed above.

57.

Neighborhood car rental agency, subject to Section 408A.

[Bill No. 122-2005]

58.

Amateur athletic association.

[Bill No. 61-2012]

59.

The manufacture, modification, sale or service of vehicles for people with disabilities.

[Bill No. 97-2016]

60.

Theater, auditorium, or concert hall that includes indoor or outdoor stage(s), capacity not to exceed 500 persons, and accessory spaces, where live music is performed, provided that the use must be located within the boundaries of the Hunt Valley/Timonium Master Plan Area and be at least 1,500 feet from a residential zone as of the time the use and occupancy permit is issued. Outdoor live music performances may not conclude after 11:00 p.m., and on weekdays if there are more than 200 persons in attendance may not begin before 6:30 p.m. Sound levels for such performances may not exceed the levels for acceptable noise set forth in COMAR.

[Bill No. 47-2018]

61.

Distillery, Class 1, if within the urban rural demarcation line, and provided a valid Brewery, Class 5 License has been maintained at the same location as the distillery for at least one year before an application for a distillery, Class 1 license is submitted, and is located within an I.M. District and within the Hunt Valley Business Community Area, as that area is defined by the Department of Economic and Workforce Development.

[Bill No. 45-22]

B.

The following transportation, storage or quasi-public uses or utilities: ^[73]

1.

Bus terminals.

2.

Building materials storage or sales yard, general.

3.

Construction equipment storage yards.

4.

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

5.

Cables and conduits not described under Item 4 above; gas, water or sewer mains; or storm drain system, all underground.

6.

Feed or grain sales or storage.

7.

Fluid storage and sale, aboveground, of flammable liquids or gases.

8.

Freight storage.

9.

Fuel storage and sale of solid or gaseous fuels.

10.

Heliports, Type I.

11.

Heliports, Type II.

12.

Helistops.

13.

Railroads.

14.

Rail passenger stations, subject to Section 434.

[Bill No. 91-1990]

15.

Steam power plants.

16.

Storage, warehousing or wholesale distribution of any product whose sale (retail or wholesale) or final processing or production is permitted as of right as a principal use in M.L. Zones; public warehousing.

17.

Transit centers, subject to Section 434.

[Bill No. 91-1990]

18.

Transit facilities.

[Bill No. 91-1990]

19.

Transit storage and repair yards, subject to Section 434.

[Bill No. 91-1990]

20.

Utility service center.

21.

Utility storage yards.

22.

Volunteer fire company facilities.

23.

Wireless telecommunications antennas or wireless telecommunications towers, subject to Section 426.

[Bill Nos. 64-1986; 30-1998]

24.

Commercial film production, subject to Section 435.

[Bill No. 57-1990]

25.

Establishments for the service or repair of trucks, including truck cabs, trailers, or any parts or assemblage of parts for trucks, with the exception of freight-shipping containers.

[Bill No. 18-2012]

26.

Hospital, provided such use shall not exceed 20 beds.

[Bill No. 85-2021]

27.

Data centers or energy storage devices.

[Bill No. 54-24]

28.

Schools, including business or trade schools.

[Bill Nos. 79-2002; 74-24]

C.

The following auxiliary retail or service uses or semi-industrial uses, provided that any such use is located in a planned industrial park at least 25 acres in net area, in an I.M. District, or in combination of an A.S. and I.M. District:

[Bill Nos. 172-1993; 22-2014] ^[74]

1.

Automobile rental agencies.

2.

Bakeries, retail.

3.

Barbershops.

4.

Banks, savings and loan associations or other similar chartered financial institutions accepting deposits.

5.

Beauty shops.

6.

Carpentry or cabinetmaking shops.

7.

Car wash in a planned industrial park only, subject to Section 419.

[Bill No. 172-1993]

8.

Dormitories for the housing of students attending an accredited higher education institution are permitted in an I.M. District only, subject to Section 441.

[Bill No. 79-2002 ^[75]]

9.

Drugstores, but the gross floor area devoted to any such store shall not exceed 1,500 square feet.

10.

Electrical contractors' shops.

11.

Electroplating shops.

12.

Food stores, but the gross floor area of any such store shall not exceed 2,500 square feet.

13.

Fuel service station in a planned industrial park only, subject to Section 405.

[Bill No. 172-1993]

14.

Heating or air-conditioning contractors' shops.

15.

Laundry, dry-cleaning or clothing repair or alteration establishments or stations, including self-service laundry or dry-cleaning facilities.

16.

Liquor or package stores.

17.

Machinery sales or repair establishments.

18.

Parking lots or garages.

19.

Painting shops.

20.

Plumbing contractors' shops.

21.

Carry-out, fast food and standard restaurants, except drive-in restaurants.

[Bill No. 110-1993]

22.

Commercial kennel, provided that the use is on property located in an I.M. District, is no closer than 750 feet to any residentially used property, and is in a building that is within 400 feet at its closest point of the right-of-way of an interstate highway, and also provided that the use shall not be subject to Section 421 of these regulations.

[Bill Nos. 79-2002; 94-24]

23.

Sheet metal shops.

24.

Shoe repair shops.

25.

Stationery or office supply stores.

26.

Taverns.

27.

Truck rental and truck trailer rental agencies.

28.

Animal grooming facility.

[Bill Nos. 72-2002; 93-2006]

29.

Garage, service, provided the land is assigned with a combination of an A.S. and I.M. District.

[Bill No. 22-2014]

30.

Florist shop, including accessory retail sales of flower- and garden-related items and other general gifts and accessories.

[Bill No. 38-2014 ^[76]]

31.

Retail sale of firearms, if located in an I.M. District.

[Bill No. 48-2015]

32.

Businesses devoted to the sale or service of computers, tablets, wireless telecommunications devices and products, copiers, and other similar electronic equipment. However, the gross floor area devoted to the business may not exceed 2,500 square feet.

[Bill No. 69-2015 ^[77]]

33.

Indoor shooting range, if located within the Red Run Employment Corridor of the Owings Mills Growth Area, as designated by the Master Plan 2020, and if located more than 500 feet from any principal residential structure other than a multifamily building.

[Bill No. 71-2017]

34.

Cold rolling mill, if located in an I.M. District.

[Bill No. 21-2018^[78]]

35.

Commercial recreational facilities.

[Bill No. 29-2018^[79]]

36.

Veterinarians' offices and veterinariums provided such uses are located within two aerial miles of any boundary of the Commercial Mixed Use Focal Point Area in the Hunt Valley/Timonium Master Plan as of July 1, 2019 or located within the Bare Hills Planned Industrial Park.

[Bill Nos. 39-2019; 9-23]

37.

Minor automotive service, provided such use is located in the Red Run Employment Corridor of the Owings Mills Growth Area as designated by the Master Plan 2020.

[Bill No. 69-2020]

38.

A medical facility licensed by the State of Maryland for the outpatient and/or overnight residential treatment of eating disorders and/or mood and anxiety disorders, including related mental health evaluation.

[Bill No. 76-2020^[80]]

39.

Woodworking business for the sale, storage, and demonstration of woodworking tools, equipment, and related project materials or supplies, provided the gross floor area of the business may not exceed 12,000 square feet and all storage areas must be indoors.

[Bill No. 46-22]

D.

The following temporary use: carnivals, temporary, provided that no such use shall be established for more than 90 days in any one-year period.

E.

Combinations of the uses listed above.

F.

Accessory uses or structures, including but not limited to: ^[81]

1.

Incidental sales (wholesale or retail).

2.

Living quarters for watchmen or caretakers and their families, and accessory uses or buildings subsidiary thereto.

3.

Trailers or mobile homes for temporary use, as permitted under Section 415.

[Bill No. 27-2015]

4.

Industrial medical clinics.

5.

Employees' recreation facilities.

6.

Excavations, uncontrolled.

7.

Parking spaces (See Section 409.).

8.

Signs (See Section 450.).

[Bill No. 89-1997]

G.

Hotels and motels when within an M.L. Zone which is part of a contiguous area of 25 acres or more of industrial zoning, and provided that the combined tract areas developed for such uses do not occupy more than 25 percent of the particular contiguous area of industrial zoning in which they are located.

[Bill No. 82-1984]

H.

Regional outlet shopping center, provided that any such use shall be located in an I.M. District.

I.

Housing for the elderly, provided the use is located in an M.L. Zone which is part of a contiguous area of 150 acres or more of industrial zoning and at least 80 percent of the dwellings are located within buildings previously developed for office or mixed use.

[Bill Nos. 52-23; 93-24]

J.

Multi-family residential uses are permitted on a property which was previously used as an extended stay hotel, provided that the property upon which the multi-family residential use is situated is within the Hunt Valley/Timonium Master Plan Focus Area, is within 1,000 feet of a commuter light-rail station, and is at least 1,000 feet from the nearest residential zone. The number of converted multi-family residential units from existing extended stay hotel suites shall in no event exceed a total of 96 units, regardless of theunderlying zone.

[Bill No. 44-2021]

K.

Uses on certain tracts pursuant to Section 256.7 of these regulations.

[Bill No. 74-23]

L.

Residential uses in Hunt Valley. Notwithstanding any provision in these regulations to the contrary, residential uses are permitted in accordance with this section in the M.L. Zone on a development tract, which may include one or more lots under common ownership, as follows:

[Bill No. 1-24]

1.

Locational requirement. The development tract must meet the following requirements:

a.

Be at least 15 and no greater than 18 net acres in size;

b.

Be located within the Hunt Valley/Timonium Master Plan Focus Area; and

c.

Be located east of Interstate 83, west of York Road, north of Padonia Road, south of Shawan Road and, at its closest point, within 1,500 feet of the B.M.-C.T. District of Hunt Valley.

2.

Dwelling unit type and density. The residential uses may consist of multi-family units in the form of either apartments or stacked townhomes and/or single-family attached units; the gross residential density of the development tract may not exceed the lesser of 16 dwelling units per acre or 290 dwelling units.

3.

Setbacks. With the exception of a required 50 foot building setback to edge of paving of Shawan Road and the ramp from Interstate 83 if the location of a development tract is applicable, the residential uses shall maintain front, side, and rear building setbacks to external property lines of 20 feet and a maximum building height of 60 feet.

4.

Bulk, height, and area requirements. Residential uses shall not be subject to any other bulk, height, area, or special regulations applicable to the underlying zoning classification or those contained in the comprehensive manual of development policies.

5.

Property barriers. Fencing will be provided along Shawan Road and the ramp from Interstate 83 if the location of the development tract is applicable. Architectural acoustic features may be required to provide sound attenuation for the project from adjacent roadways.

6.

Open space. In lieu of providing the total amount of open space required by Section 32-6-108 of the Baltimore County Code, an open space waiver may be requested as long as a minimum of 75,000 square feet of open space is provided, at least 30,000 square feet of which shall be in the form of a centrally located community green with the remainder being divided into at least three smaller open space areas within the site. The open space will include amenities. The open space waiver fee shall be the fee applicable to the C.C.C. District.

7.

Connectivity. Pedestrian connections will be provided onsite to help facilitate access to transit, retail, and commercial uses in the vicinity.

The uses listed in this subsection are permitted by special exception only (See Section 502.).

A.

The following industrial, quasi-industrial, transportation, storage or quasi-public uses or utilities: ^[82]

1.

Airstrips or airports, where it is shown that such use will serve primarily the industrial uses in the same area.

2.

Airports, general aviation, if located in accordance with the Master Plan.

3.

Excavations, controlled, involving the use of explosives (See Section 403.).

4.

Mobile home park addition, only in an I.M. District and contiguous to a lawfully existing mobile home park (See Sections 414.2 through 414.7.).

[Bill No. 27-2015 ^[83]]

5.

Moving and storage establishments.

[Bill No. 18-1976]

6.

Sanitary or rubble landfills (See Section 412.).

[Bill No. 97-1987]

7.

Storage, warehousing or distribution not permitted as of right.

8.

Sludge disposal facility — co-landfilling (See Section 412A.2.A.).

[Bill No. 46-1982]

9.

Sludge disposal facility — composting (See Section 412A.2.B.).

[Bill No. 46-1982]

10.

Sludge disposal facility — handling in general (See Section 412A.2.C.).

[Bill No. 46-1982]

11.

Sludge disposal facility — incineration (See Section 412A.2.D.).

[Bill No. 46-1982]

12.

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

[Bill No. 46-1982]

13.

Trucking facilities (See Sections 410 and 410A.).

[Bill No. 18-1976]

14.

Truck stops.

[Bill No. 18-1976 ^[84]]

15.

Utilities not permitted under the provisions of Section 253.1.

B.

The following auxiliary service uses, provided that any such use shall be located in a planned industrial park at least 25 acres in net area or in an I.M. District; provided, further, that it is shown that any such use will serve primarily the industrial uses and related activities in the surrounding industrial area:

[Bill No. 172-1993] ^[85]

1.

Automotive-service stations, subject, further, to the provisions of Section 405.

2.

Garages, service not otherwise permitted under Section 253.1.B.25, including establishments for the service or repair of trucks, of truck trailers or of freight-shipping containers designed to be mounted on chassis for part or all of their transport.

[Bill Nos. 218-1980; 18-2012; 31-2019^[86]]

3.

Union halls or other places of assembly for employment-related activities.

C.

The following interim uses, provided that it is shown by the petitioner and verified by the Director of Public Works and Transportation that public sewerage and water supply facilities will not be available to the site of any such use for a period of at least two years after the time the petition is heard, and provided, further, that any such use shall be discontinued and the grant of the special exception shall expire on a date within a year after such time as public sewerage and water supply facilities do become available to the site, as shall be more particularly stipulated in the order granting the special exception.

[Bill Nos. 21-1996 ^[87]; 33-2021]

1.

Amusement parks.

2.

Farms or limited-acreage wholesale flower farms.

3.

Commercial kennels and private kennels, subject to Section 421.

[Bill No. 87-2001]

4.

Radio or television broadcasting studios.

5.

Racetracks.

6.

Riding stables, commercial.

7.

Shooting ranges.

8.

Trailers and mobile homes, nonaccessory, subject to the provisions of Section 415.

[Bill No. 27-2015]

9.

Used motor vehicle outdoor sales areas. ^[88]

D.

The following miscellaneous uses: ^[89]

1.

Signs, outdoor advertising (See Section 450.).

[Bill No. 89-1997]

2.

Wireless telecommunications towers, subject to Section 426.

[Bill Nos. 64-1986; 30-1998]

3.

^[90]Winery, as defined and licensed by the Comptroller, 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 subject to approval by the Administrative Law Judge, or Board of Appeals on appeal.

[Bill No. 68-2015]

4.

Car washes, provided that any such uses shall be located in either a Planned Industrial Park at least 25 acres in net area, in an I.M. or A.S. District, or a combination of an I.M. and A.S. District; and subject, further, to Section 419, except that such uses in an A.S. District or a combination of an I.M. or A.S. District are not permitted in the Hunt Valley/Timonium Master Plan Focus Area or outside the URDL.

[Bill No. 31-2019]

E.

Combinations of the uses listed in this subsection or combinations of such uses with uses which are permitted as of right.

F.

Uses on certain tracts pursuant to Section 256.7 of these regulations.

[Bill No. 74-23]

For the purposes of this section, "restricted production" shall include only the assembly, manufacture or compounding of articles of merchandise from previously prepared materials, or the machining, electroplating or other comparable light processing or treatment of such articles; but it shall not include the manufacture of large stampings (such as motor vehicle fenders or bodies). (However, the exclusion of a use under a particular entry, whether by virtue of a limitation to restricted production or otherwise, does not affect the applicability of any other entry under which the use may be described.)

[Bill Nos. 176-1981; 31-1984; 137-2004]

Within 100 feet of any residential zone boundary or the right-of-way of any street abutting such a boundary, only passenger automobile accessory parking and those uses permitted in M.R. Zones, as limited by the use regulations in Section 241, are permitted. Any use other than passenger automobile accessory parking and those uses permitted in M.R. Zones as limited by the use regulations in Section 241 established within 100 feet of the right-of-way of an existing or proposed freeway or expressway so designated by the Planning Board shall be screened from the motorway in accordance with the standards and criteria contained in the Baltimore County Landscape Manual adopted pursuant to § 32-4-404 of the Baltimore County Code. Notwithstanding the foregoing, no trucking facility or part of a trucking facility may be established within 100 feet of such a right-of-way.

Wherever any provision of this section may conflict with a provision of Section 270, the provision in this section shall control.

Height unlimited, except that no building hereafter erected on a lot which abuts a residence or business zone shall exceed a height of 40 feet or three stories if any part of said building is within 100 feet of the boundary line of said residence or business zone (See Section 300.).

The area regulations in the M.L. Zone shall be the same as those in B.R. Zone unless such B.R. Zone regulations conflict with the provisions of Section 255.2. ^[92]

Within 100 feet of any residential zone boundary or the right-of-way of any street abutting such a boundary, or within 100 feet of the right-of-way of an existing or proposed interstate highway, other freeway or expressway, which motorway is officially so designated by the State Highway Administration, Maryland Department of Transportation, and/or the county, the front, side and rear yards shall be as required in M.R. Zone (See Sections 243.1, 243.2 and 243.3.).

A.

The following uses only are permitted, subject to the provisions of Subsection 256.3:

[Bill No. 85-1967]

1.

Uses permitted in M.R. Zone, Section 241.1 and in Section 253.4^[93] of the M.L. Zone:

[Bill No. 85-1967] ^[94]

Animal boarding place, Class A

[Bill No. 85-1967]

Animal boarding place, Class B

[Bill No. 85-1967]

Animal grooming facility, subject to Section 421.

[Bill No. 93-2006 ^[95]]

Boatyard

[Bill Nos. 64-1963; 85-1967]

Brewery, Class 5B, if within the urban rural demarcation line

[Bill No. 185-1995]

Car wash in a planned industrial park only, subject to Section 419

[Bill No. 172-1993]

Commercial beach, with provision of adequate parking area, and permitting dressing facilities, snack bar, picnic area and boat rental

[Bill Nos. 64-1963; 85-1967]

Commercial recreation enterprises, including dance halls, skating rinks and others which, in the judgment of the Zoning Commissioner, are similar, but excluding merry-go-rounds and freak shows, shooting galleries and penny arcades. The use shall be located in a building existing on the effective date of Bill No. 63-14, ^[96] and operation of the recreation use shall be entirely inside the building.

[Bill No. 63-2014]

Community building, swimming pool or other structural or land use devoted to civic, social, recreational and educational activities

[Bill Nos. 64-1963; 85-1967; 26-1988]

Fuel service station, in a planned industrial park only, subject to Section 405

[Bill No. 172-1993]

Golf course, country club or other outdoor recreation clubs; also quasi-public camp, including day camps, but no such uses shall be located on less than five acres, and no building, parking lot or out-of-water marine craft storage thereon shall be located within 60 feet of any residential property line

[Bill Nos. 64-1963; 85-1967]

Living quarters for watchmen and caretakers and their families employed and living on the premises, in connection with any lawful use in the M.H. zone

Marina

[Bill Nos. 64-1963; 85-1967]

Storage of inflammable liquids and gases underground (For requirements see Baltimore County Building Code.)

Veterinarian's office

[Bill No. 85-1967]

Veterinarium

[Bill No. 85-1967]

Volunteer fire company

Wireless telecommunications antennas or wireless telecommunications towers, subject to Section 426

[Bill Nos. 64-1986; 30-1998]

2.

The following uses when located at least 300 feet from any residence zone or 200 feet from any business zone: ^[97]

Bag cleaning

Bituminous concrete mixing plant

Brewery, Class 5A, if within the urban rural demarcation line

[Bill No. 185-1995]

Chemical fertilizer manufacture

Distilling of liquor and malt manufacture

[Bill No. 185-1995]

Enameling, japanning, lacquering, galvanizing and plating

Excavations, controlled, exclusive of those embodying use of explosives (See Section 403.)

Gravel, processing of

Hot rolling mills

Manufacture of airplanes, automobiles, trailers or mobile homes, trucks, railway cars, locomotives and other vehicles

[Bill No. 27-2015]

Manufacture of felt and shoddy, provided equipment is installed for effective precipitation and recovery of dust; wool pulling and scouring

Manufacture of pickles, sauerkraut, vinegar, yeast, soda and soda compounds

Manufacture of structural clay products, babbitt metal and other nonferrous alloys

Manufacture or processing of meat products, except slaughterhouses

Moving and storage establishments

[Bill No. 18-1976]

Processing, fabricating and assembling of metals, including foundries, forging and casting shops, structural steel or pipe works, large stamping shops

Railroad classification yards and round house

Sand, processing of

Sanitary landfill

Shipbuilding and repair

Steam power plants

Stone, crushing and processing of

Testing of components or equipment manufactured or used in conjunction with heavy manufacturing or assembly

Trucking facilities (See Sections 410 and 410A.).

[Bill No. 18-1976 ^[98]]

3.

Any other industrial or manufacturing use, except those listed in Section 256.2, when located at least 1,000 feet from any residential zone and at least 500 feet from any B.L., B.M. or M.R. Zone.

[Bill No. 85-1967]

4.

A scrap metal processing facility is permitted on a lot of seven acres or greater if that lot is located at least 1,400 feet from any D.R. Zone line and within 500 feet of the right-of-way of a federal interstate highway. Retail sales are not permitted. Scrap vehicles shall be processed within 48 hours of receipt, unless a delay is caused by equipment breakage, electrical interruption, or manufacturer-required preventive maintenance.

[Bill No. 35-2015]

5.

Notwithstanding any provision of this section to the contrary, a scrap metal processing facility is permitted on a tract of land 1,000 acres or greater under common ownership or control, if such facility is located at least 1,000 feet from any residential zone line.

[Bill No. 35-2015 ^[99]]

B.

The following uses are permitted by right in the M.H. Zone:

1.

Data Centers or energy storage devices.

[Bill No. 54-24]

The following uses only when permitted as special exceptions (See Sections 270 and 502.):

Automotive-service station, subject to the provisions of Section 405

[Bill Nos. 40-1967; 85-1967]

Cemetery

Excavations, controlled, when explosives are used (See Section 403.)

Explosives ^[100]

Heavy chemical manufacture

Junkyard

Commercial kennel and private kennel, subject to Section 421

[Bill Nos. 85-1967; 87-2001]

Liquefied natural gas facility, including any facility used to produce, store or regasify liquefied natural gas, if located at least five miles from any residential zone and at least 500 feet from any B.L., B.M. or M.R. Zone.

[Bill No. 71-2006]

Oil refinery, including any facility for the recovery, processing or recycling of oil, or the storage or transfer of oil to be recycled, if located at least five miles from any residential zone and at least 500 feet from any B.L., B.M. or M.R. Zone. ^[101]

[Bill Nos. 98-2004; 71-2006]

Organic fertilizer manufacture

Rubble landfill (See Section 412.)

[Bill No. 97-1987]

Scrap metal processing facility on a tract of land 1,000 acres or greater under common ownership or control, if such facility is located less than 1,000 feet from any residential zone line.

[Bill No. 35-2015 ^[102]]

Shooting range

Signs, outdoor advertising (See Section 450.)

[Bill No. 89-1997]

Slaughterhouse

Sludge disposal facility — co-landfilling (See Section 412A.2.A.)

[Bill No. 46-1982]

Sludge disposal facility — composting (See Section 412A.2.B.)

[Bill No. 46-1982]

Sludge disposal facility — handling in general (See Section 412A.2.C.)

[Bill No. 46-1982]

Sludge disposal facility — incineration (See Section 412A.2.D.)

[Bill No. 46-1982]

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

[Bill No. 46-1982]

Striptease business

[Bill No. 137-1990]

Mobile home park (See Section 414.)

[Bill No. 27-2015]

Truck stops

[Bill No. 18-1976]

Wireless telecommunications towers, subject to Section 426

[Bill Nos. 61-1967; 85-1967; 64-1986; 30-1998]

[Bill Nos. 56-1961; 85-1967; 176-1981; 31-1984; 137-2004]

Within 150 feet of any residential zone boundary or the right-of-way of any street abutting such a boundary, only passenger automobile parking and those uses permitted in M.R. Zones, as limited by the use regulations in Section 241, are permitted, except that mineral aggregate excavated on-site may remain or be placed not less than 50 feet from such a boundary or right-of-way. Any use other than passenger automobile accessory parking and those uses permitted in M.R. Zones as limited by the use regulations in Section 241 established within 150 feet of the right-of-way of an existing or proposed freeway or expressway so designated by the Planning Board, except mineral aggregate extracted on-site, shall be screened from the motorway in accordance with the standards and criteria contained in the Baltimore County Landscape Manual adopted pursuant to § 32-4-404 of the Baltimore County Code. Notwithstanding the foregoing, no trucking facility or part of a trucking facility may be established within 150 feet of such a right-of-way.

[Bill No. 76-2012]

Notwithstanding any provision in this section to the contrary, a tract of land that is at least 40 acres in size and includes an existing building identified on the Maryland Historical Trust's Inventory of Historic Properties may be developed and used in accordance with the use regulations for the B.M. Zone or the special regulations for C.T. Districts, as long as the development proposal includes the retention or reuse of at least a portion of the existing Maryland Historical Trust Inventory Building.

[Bill No. 86-2015]

A.

Scope. This section applies to a tract of land located in the M.H. or M.H.-I.M. Zone with at least 2,500 acres in area that is under common ownership or control.

B.

Uses permitted by right. The following uses only are permitted:

1.

Any use permitted in the M.H.-I.M. Zone by right.

2.

Any use permitted in the M.L.-I.M. Zone by right.

3.

Any use permitted in the B.M. Zone by right.

4.

The following additional uses:

a.

Airstrips or airports, where it is shown that such use will serve primarily the industrial uses in the same area.

b.

Car washes, subject, further, to the provisions of Section 419.

c.

Cemetery.

d.

Commercial kennel and private kennel, subject to Section 421.

e.

Excavations, controlled. (See Section 403.)

f.

Fuel service stations, including uses in combination therewith (subject to Section 405).

g.

Garages, service, including establishments for the service or repair of trucks, truck trailers or freight-shipping containers designed to be mounted on a chassis for part or all of their transport.

h.

Moving and storage establishments.

i.

Signs, outdoor advertising. (See Section 450.)

j.

Truck stops.

k.

Union halls or other places of assembly for employment-related activities.

l.

The storage of truck tractors, truck trailers, and shipping containers on surface parking lots.

[Bill No. 5-2022]

C.

Uses permitted by special exception. The following uses only are permitted by special exception:

1.

Any use permitted in the M.H.-I.M. Zone by special exception, if not otherwise permitted by right in Subsection B.

2.

Any use permitted in the M.L.-I.M. Zone by special exception, if not otherwise permitted by right in Subsection B.

D.

Limitation on uses. No more than five percent of the area of a tract that qualifies under Subsection A may be used for uses permitted in the B.M. Zone that are not otherwise permitted in the M.H. or M.L. Zone.

E.

Development process. A plan for development for any portion of a use permitted by right under Subsection B shall be processed in the same manner as a limited exemption under § 32-4-106(a) of the Baltimore County Code.

F.

Public open space. The entity that has common ownership or control of any tract to which this section applies shall provide open space or pay a fee in lieu of providing open space as follows:

1.

Open space within the subject tract.

a.

For every 10,000 square feet of gross floor area of a use permitted in the B.M. Zone but not permitted in the M.H. or M.L. Zone, the owner or controlling entity shall propose one-half acre of land on the tract to be reserved as public open space. The Departments of Recreation and Parks, Environmental Protection and Sustainability, Permits, Approvals and Inspections, and the Maryland Department of the Environment shall determine the suitability of the proposed open space.

b.

The reservation of open space shall be made in writing and shall be provided to and accepted by the Department of Permits, Approvals, and Inspections prior to the issuance of a use and occupancy permit.

c.

The owner or controlling entity may elect to retain in fee and maintain the reserved open space on the tract or convey the open space in fee to the County.

2.

Payment of a fee in lieu of open space.

a.

If determined that the proposed open space is not suitable under Paragraph F.1.a, the County shall accept a fee in lieu of providing the proposed open space, or a combination of a portion of the proposed open space and a fee payment.

b.

The fee shall be calculated at a rate of $10,000.00 for every 10,000 square feet of gross floor area. The funds shall be utilized within a 15-mile radius in the same councilmanic district as the tract for the acquisition of open space land or the construction or installation of recreational improvements on County-owned land.

G.

Signage.

[Bill No. 7-2021]

1.

Approval of a pattern book or modification to a pattern book may allow waiver or modification of any applicable sign regulations contained in Section 450 or policies related to certain signage governing development of the property.

2.

The following signage may be approved in accordance with this section:

a.

Freestanding identification and freestanding joint identification signs;

b.

Freestanding directional and freestanding directory signs;

c.

Wall-mounted directional and wall-mounted directory signs; and

d.

Wall-mounted enterprise and freestanding enterprise signs.

3.

Such waiver or modification will be reviewed and approved by the Director of Planning.

4.

Waivers or modifications of the height of freestanding enterprise signs may not be approved in accordance with this section.

[Bill No. 71-2021]

A compressed natural gas fueling facility is permitted, subject to the requirements set forth in Section 413 of these regulations.

[Bill No. 74-23]

A.

Scope. This section applies to a tract of land which, as of the effective date of this legislation, is zoned M.L.-I.M. and M.H.-I.M., if such tract meets each of the following qualifications:

1.

The tract is at least 30 acres in area; and

2.

Any portion of the tract is located within 400 feet of a B.R. Zoned property.

B.

Uses permitted. Regardless of the underlying zoning, any use permitted by right or by special exception in the M.L. or M.H. Zone or the I.M. District is permitted anywhere on the tract. Additionally, any use permitted by right in the B.R. Zone is permitted anywhere on the tract, except that no more than 30 percent of the tract may be used for B.R. Uses.

Same as in M.L. Zone, Section 254.

[Bill No. 76-2012]

Notwithstanding any provision in this section to the contrary, a tract of land that is at least 40 acres in size and includes an existing building identified on the Maryland Historical Trust's Inventory of Historic Properties may be developed and used in accordance with the height regulations for the B.M. Zone or the special regulations for C.T. Districts, as long as the development proposal includes the retention or reuse of at least a portion of the existing Maryland Historical Trust Inventory Building.

The area regulations in the M.H. Zone shall be the same as those in B.R. Zone, unless such B.R. Zone regulations conflict with the provisions of Section 258.2. ^[104]

Within 150 feet of any residential zone boundary or the right-of-way of any street abutting such a boundary, or within 150 feet of the right-of-way of an existing or proposed interstate highway, other freeway or expressway which motorway is officially so designated by the State Highway Administration, Maryland Department of Transportation, and/or the county, the front, side and rear yards shall be as required in M.R. Zone. (See Sections 243.1, 243.2 and 243.3.)

[Bill No. 76-2012]

Notwithstanding any provision in this section to the contrary, a tract of land that is at least 40 acres in size and includes an existing building identified on the Maryland Historical Trust's Inventory of Historic Properties may be developed and used in accordance with the area regulations for the B.M. Zone or the special regulations for C.T. Districts, as long as the development proposal includes the retention or reuse of at least a portion of the existing Maryland Historical Trust Inventory Building.

[Bill Nos. 111-1968; 127-1994]

In any district, the use, height, area and other regulations applicable in the underlying zone(s) or district(s) upon which the district is superimposed shall govern except as may specifically be enlarged, modified or limited by the district regulations in this section. In the case of conflict between the provisions of an underlying zone and overlaying district(s), the most recently enacted provision shall prevail.

(Compliance with a statement of legislative intent shall not, in itself, be sufficient cause to classify property within the district to which such statement applies.)

A.

C.R. (Commercial, Rural) District.

[Bill No. 103-1988]

1.

The C.R. District is established to provide opportunities for convenience shopping and personal services that are customarily and frequently needed by the rural residential and agricultural population and tourists. It is intended that the C.R. District be applied only to areas where such facilities are not available within a reasonable distance, where sewerage treatment and a potable water supply can be provided without an adverse effect on the environment and neighboring uses, and where public roads are capable of handling the anticipated increase in traffic without adverse impacts on surrounding areas. The commercial centers within C.R. Districts are not intended to be regional facilities providing specialty goods to a population outside of the rural area.

2.

C.R. Districts may be assigned to areas of commercial development beyond the urban-rural demarcation line for which C.R. District designation is recommended in the Master Plan. The underlying zone may be B.L., B.M., B.R. or R-O. The C.R. District may also be applied to land zoned R.C.5 which is adjacent to a C.R. District, provided that the location, configuration and physical characteristics of the site and the potential for access to an adequate public road make the land suitable for commercial development.

B.

A.S. (Automotive Services) District. The A.S. District may be applied within the urban-rural demarcation line (URDL) to certain parcels of land zoned B.L., B.M. or B.R., which are appropriate for uses dominated by the parking and servicing of automobiles or characterized by frequent parking turnover, such as fuel service stations and car wash operations. Any land heretofore classified as C.N.S., C.S.A., C.S.-1 or C.S.-2 on the effective date of Bill No. 172-1993 shall hereby be classified an A.S. District. For a parcel of land that is assigned with a combination of B.M.-I.M. and B.L.-A.S. zoning, a use permitted in the B.M.-I.M. Zone will also be permitted on the B.L.-A.S.-zoned portion of the land.

[Bill Nos. 172-1993 ^[105]; 2-2014]

C.

C.C.C. (Commercial, Community Core) District. C.C.C. Districts may be applied only to certain existing or proposed centers of shopping and auxiliary commercial activity which are on land zoned B.L., B.M. and/or B.R., any one of which centers must be intended to serve between 30,000 and 50,000 persons; provide shopping opportunities for convenience goods, appliances and, optionally, furniture; and include one or more junior department stores or variety stores. A planned shopping center having such characteristics may lie wholly or partially within a C.C.C. District.

D.

C.T. (Commercial, Town-Center Core) District. C.T. Districts may be applied only to primary shopping areas within town centers on land zoned B.L., B.M., B.R. and/or M.L., the primary shopping area of any such center being that area which contains or is intended to contain a high incidence of pedestrian-oriented retail uses of a type ordinarily producing relatively high income and profit per square foot of sales area; includes or is intended to include major business generators (such as department stores); and also includes, or is intended to include, certain auxiliary services (such as offices) typically not occupying ground-floor frontage. Certain planned shopping centers having such characteristics may lie wholly or partially within C.T. Districts.

E.

I.M. (Industrial, Major) District. I.M. Districts may be applied only to certain areas individually containing 100 acres or more of land zoned for industrial or semi-industrial use (M.H., M.L., M.L.R., M.R., B.R. and/or B.M.), undivided by expressways or freeways. In I.M. Districts, greater industrial use of prime industrial land is promoted by discouraging nonauxiliary commercial usage.

F.

MD 43 (Maryland Route 43) Overlay District. The MD 43 Overlay District may be applied only to parcels of land zoned M.L., M.L.-I.M., M.H., O.R. M.H.-I.M., which are within the Middle River Employment Center Area, as identified in the Baltimore County Master Plan 2010.

[Bill No. 78-2002]

[Bill No. 103-1988]

A.

Uses permitted by right. Any use permitted by right in the underlying zone on which the C.R. District is applied and which meets the bulk regulations of Section 259.3.C.1 is permitted by right.

B.

Uses permitted by special exception.

1.

Any use permitted by special exception in the underlying zone on which the C.R. District designation is applied and which meets the bulk regulations of Section 259.3.C.1 is permitted by special exception.

2.

Any use permitted (by right or by special exception) within the C.R. District but which is not permitted in the underlying zone and which meets the bulk regulations of Section 259.3.C.1 is permitted by special exception, except that service stations and car wash operations are only permitted in a C.R. District with B.L., B.M. or B.R. as a base zone.

[Bill No. 172-1993]

3.

Buildings which exceed the requirements of Section 259.3.C.1 may be permitted by special exception only when the proposed development is in compliance with site design guidelines and performance standards which are part of a duly adopted Master Plan for the district.

4.

In addition to the requirements generally imposed by Section 502.1, any use permitted by special exception in C.R. Districts shall meet the requirements of Subsection E below.

C.

Use restrictions.

1.

Bulk regulations.

a.

The gross floor area for all buildings on a lot shall not exceed 8,800 square feet, of which no more than 6,600 square feet shall be on the ground floor.

b.

The floor area ratio shall not exceed 0.20.

c.

Building height shall not exceed 30 feet.

2.

Setbacks.

a.

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

b.

The rear and side yard setbacks shall be not less than 15 feet.

3.

Landscaping. In addition to the requirements of the Landscape Manual for commercial zones, the following landscape standards shall apply to uses in C.R. Districts:

a.

The entire required front, side and rear setbacks shall be landscaped; and

b.

A minimum of seven percent of the parking lot shall be pervious surface with a minimum of one tree per eight parking spaces provided.

4.

Parking. Parking shall be located in a manner appropriate and consistent with adjoining development and must be located within the C.R. District. Access onto roadways shall be limited to no more than two locations. Except where physical constraints, site configuration or safety precludes compliance, parking must be accessible to the parking lots of adjacent nonresidential uses and zones.

5.

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

[Bill No. 122-2010]

6.

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

a.

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

b.

The storage area shall not cover more than 15 percent of the lot, except as determined by the Zoning Commissioner in a special exception hearing; and

c.

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

7.

Signs and displays. Signs are permitted, subject to Section 450 and the following additional restrictions:

[Bill No. 89-1997]

a.

Only one wall-mounted enterprise sign which does not project more than six inches from the building and does not have a surface area exceeding eight square feet is permitted.

b.

Only one freestanding enterprise sign with a surface area of no more than 25 square feet per side is permitted. The sign shall be integrated with the landscaping, and the location shall be approved by the Director of the Department of Planning.

[Bill No. 55-2011]

c.

No sign shall be illuminated unless approved by the Zoning Commissioner after a hearing.

d.

Display of goods, vehicles and equipment is permitted in the front yard, but not more than five feet in front of the required front building line.

8.

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]

9.

Auto service stations are subject to the provisions of Section 405.

D.

Procedure for obtaining plan approval in a C.R. District.

1.

If a County Review Group (CRG) plan is required, the plan shall be approved prior to the granting of a special exception in a C.R. District.

2.

When a special exception is required, the CRG shall also find that the proposed development satisfies the requirements of Subsection E below.

E.

Additional requirements for the granting of a special exception in a C.R. District. In addition to the requirements generally imposed in the issuance of special exceptions by Section 502.1, the following requirements shall apply to the granting of special exceptions in C.R. Districts:

1.

The petitioner shall document the need for the development at the proposed location.

2.

The proposed development shall take into account existing and proposed roads, topography, existing vegetation, soil types and the configuration of the site. The proposed development will not disturb slopes with grades exceeding 25 percent; will minimize disturbance to vegetated areas, wetlands and streams; and will not result in undue site disturbance or excessive erosion and sediment loss. Infiltration will be maximized and stormwater management discharge will be decentralized.

3.

Architecturally or historically significant buildings and their settings shall be preserved and integrated into the site plan.

4.

The buildings shall be sited to protect scenic views from public roads and so that the natural rural features, including but not limited to pastures, croplands, meadows and trees, are preserved to the extent possible. Additional open space may be required to preserve and enhance the enjoyment of the natural amenities and visual quality of the site.

5.

The proposed development will not be detrimental to neighboring uses and the tranquility of the rural area through excessive noise and will not result in a nuisance or air pollution from dust, fumes, vapors, gases and odors.

F.

Any contrary provision of these regulations notwithstanding, the provisions of Sections 259.2.A and 259.3 shall not apply to any building, use or structure in existence or for which a CRG plan has been approved as of the date of the enactment of Bill No. 103-1988 or to any M.L. Zone with C.R. District designation.

[Bill No. 176-1994]

The Honeygo Area and the H and HI Overlay Districts are established to implement the Honeygo Area Plan, an amendment to the Master Plan 1989—2000. The area is created to ensure that the development of infrastructure will coincide with the approval of building permits. The districts are to provide for a unified traditional design which will create a community instead of isolated subdivisions and commercial uses. It is expected that the Honeygo Area will include a neighborhood center surrounded by residential areas which are connected to it, to each other, and to open space through a network of interconnected, continuous streets. It is intended that development be designed around public spaces, including the neighborhood center, roads and parks to serve as focal points for the community. The H and HI Districts provide uniform design standards which feature protection of the environment, housing oriented towards the street, streetscapes which are not dominated by parking lots, signage consistent with building design, and landscaping. Site design, building design and landscaping shall be coordinated within each development and between developments to create a pleasing and harmonious overall effect. The H and HI Districts are to be read as additions to, modifications of and exceptions from the requirements of the underlying zoning classification on the land.

[Bill Nos. 176-1994; 73-1999; 137-2004; 122-2010; 39-2014; 46-2015]

For the purposes of the Honeygo Area:

APPROVED MATERIAL — Brick or stone.

AREA — The Honeygo Area defined as the location and boundaries shown on the Subarea Map dated February 2015 that accompanies Bill No. 46-15. ^[106]

AUTHORIZATION — The approval, by the Director of Permits, Approvals and Inspections, to apply for a residential building permit on any land in the area.

CAPITAL PROJECT — An individual public betterment of a permanent nature which is listed in Section 259.7 and is described in the six-year Baltimore County Capital Budget-Supporting Detail presented annually to the County Council.

COMMENCEMENT — The date when a contract is fully executed for the construction of a capital project or, in the case of public open space only, when a contract for the acquisition of land is fully executed.

DIRECTOR — The Director of the Department of Permits, Approvals and Inspections.

EASTERN SUBAREA — The portion of the area east of Cross Road, extended in a straight line south to Honeygo Run and north to Big Gunpowder Falls.

H OVERLAY DISTRICT — A zoning classification to be used only in the Honeygo Area which has been adopted according to the provisions of § 32-3-201 of the Baltimore County Code. It is to be applied to land zoned D.R.1, D.R.2, D.R.3.5, D.R.5.5, D.R.10.5, D.R.16 and B.L. as designated in the Master Plan.

HI OVERLAY DISTRICT — A zoning classification to be used only in the Honeygo Area which has been adopted according to the provisions of § 32-3-201 of the Baltimore County Code. It is to be applied to land zoned D.R.3.5, as designated in the Master Plan, such that up to 40 percent of the dwelling units to be built on any tract may be group houses as defined by these regulations.

INSTITUTION — A hospital, church, synagogue or other place of worship.

UNDERLYING ZONE — The zoning classification that exists on each property in the area, excluding the H and HI overlay designations.

URBAN FOREST PATCH CONSERVANCY AREA — An area of land located within the Honeygo Overlay District comprised of at least 40 contiguous acres of natural wooded resources. An Urban Forest Patch Conservancy Area may consist of wooded areas, streams, stream valleys, wetlands, steep slopes, natural and historic areas and all associated buffers and setbacks.

[Bill No. 11-23]

WESTERN SUBAREA — The portion of the area west of Cross Road, extending in a straight line south to Honeygo Run and north to Big Gunpowder Falls.

[Bill Nos. 176-1994; 73-1999]

A.

There is a Honeygo Area in Baltimore County.

B.

The Honeygo Area is divided into two subareas: Eastern Subarea and Western Subarea.

[Bill No. 46-2015]

C.

Notwithstanding the provisions of § 32-4-273 of the Baltimore County Code, every property within the Honeygo Area that is subject to either an H or H1 Overlay District which has an unexpired CRG plan that was approved prior to May 18, 1992, shall be limited by the regulations for the zoning classification in place at the time of CRG approval.

[Bill No. 137-2004]

D.

The provisions of Subsections 259.4, 259.5, 259.6, and 259.7 do not apply to developments authorized under § 32-4-106(a)(1)(x) or (b)(5) of the Baltimore County Code.

[Bill No. 137-2004]

[Bill Nos. 176-1994; 40-1997; 126-1997; 73-1999; 25-2008; 122-2010; 55-2011; 46-2015]

A.

The area limits of this section apply in the Honeygo Area as defined in Section 259.5 of these regulations.

B.

Except for those uses and dwellings listed in Subsection C, building permits may only be issued to persons holding valid authorizations issued by the Director.

C.

The area limits of this section do not apply to applications for building permits made in the area for:

1.

Additions, renovations or accessory structures;

2.

Up to 600 dwelling units on any property which has an unexpired CRG plan that was approved prior to May 18, 1992. The exemptions provided in this subsection may be transferred to any property within the same subarea upon approval by the Director of Permits, Approvals and Inspections.

3.

Dwellings which are part of a subdivision of three or fewer single-family detached units;

4.

Commercial buildings;

5.

Any lot of record not part of a recorded subdivision;

6.

Institutional buildings; and

7.

Up to 425 density units on any property zoned D.R. 10.5 other than properties described in Paragraph (C)(2) of this subsection.

D.

Subarea limits.

1.

Eastern Subarea. As a condition of development of any property on the western side of Gerst Road at its intersection with Forge Haven Drive to the north and East Joppa Road to the south, a builder or developer shall be required to construct a greenway of no smaller than 25 feet that includes a sidewalk, dedicated bicycle path, and double rows of trees.

[Bill No. 64-2018]

2.

Western Subarea. Prior to the issuance of new authorizations in the Western Subarea, right-of-way acquisition shall be complete in preparation for the expansion of Cross Road.

E.

Valid authorizations adhere to the property for which they were issued and are not transferable to other properties.

F.

In order for an authorization to be valid, it must be within the limits established in this section for both the area and for the subarea where the property is located. For a project that spans two subareas, an authorization may not be transferred, and a variance may not be granted to transfer an authorization.

G.

In making application for an authorization, the applicant shall present evidence of an approved record plat, to the Director, including certification that the development has access to public water and sewer services.

H.

The Director shall maintain a waiting list for those record plats which have made proper application for an authorization, but which, at the time of application, would exceed either the area or applicable subarea limits. The list will be maintained on a first-come, first-serve basis.

I.

The Director will grant authorizations to applications on the waiting list in accordance with the provisions of Subsections D, E, F and G above.

J.

An authorization shall expire, unless within one year from its date of issuance either:

1.

A building permit for the authorized dwelling unit has been issued; or

2.

Grading, in accordance with an approved grading permit, has started on the authorized site, such that physical character of the site is altered.

K.

Where a valid authorization has expired, the Director may issue an authorization to the next appropriate applicant.

L.

The Director, in cooperation with the Director of the Department of Planning, shall establish procedures to assure that building permits in the area are issued in accordance with the provisions of this section.

M.

The provisions of this section have no effect on any application for a building permit within the area unless one of the capital projects listed in this section is included in the annual six-year capital budget program approved by the County Council.

N.

Sewer connections.

1.

Upon application to the Director, a property owner may be allowed to connect to a completed sewer interceptor in another subarea if:

a.

The structures to be connected are commercial buildings; and

b.

The Director of Public Works and Transportation finds that there is sufficient capacity within the receiving subarea sewer interceptor to accommodate both the current and future needs of the receiving subarea and the needs of the development of the applying property owner.

[Bill No. 33-2021]

2.

Once a subarea interceptor is complete, and ready to receive sewage, any property owner who, under the authority of Subparagraph 1 of this subsection, connected to the sewer interceptor in another subarea, shall, at their own expense, connect their property to the sewer interceptor designated to serve their subarea.

3.

The Director and the Director of Public Works and Transportation may, jointly or individually, promulgate regulations to carry out the intent of this paragraph.

[Bill No. 33-2021]

O.

Planned unit developments are exempt from the authorization requirements of this section.

Honeygo Subarea Map

[Bill Nos. 176-1994; 79-2003; 122-2010]

The Zoning Commissioner may not grant a variance from the standards established in Section 259.7 as provided in Section 4A02.4.G of these regulations, unless the variance request involves property that is the subject of a concept plan that was accepted for filing by the Department of Permits, Approvals and Inspections prior to August 4, 2003.

[Bill No. 176-1994]

These standards are intended to be additions to, modifications of and exceptions from the standards required by the underlying zoning classification on the land in the area. All conflicts are to be resolved in accordance with Subsection G of this section.

A.

Uses.

[Bill Nos. 73-1999; 83-2001 ^[107]

1.

Back-to-back group homes are not permitted.

2.

Retail establishments exceeding 65,000 square feet are not permitted.

3.

Barber shops and hair salons are permitted in the Eastern Subarea of the D.R. 1 H Zone where the total lot size is no larger than 0.5 acre. [Bill No. 78-2020^[109]]

4.

Accessory structures, including but not limited to solar panels, antennas, satellite dishes, trash pads and storage sheds, are not permitted in the front yard of any principal use.

5.

In A D.R. 3.5-H Zone, the only dwellings permitted are single-family detached dwellings.

6.

Age-restricted single-family attached dwelling units, subject to the following conditions and restrictions, are permitted on a development tract that is adjacent to the H Overlay District if any portion of that tract is part of a planned shopping center approved prior to January 1, 2021:

[Bill No. 46-2021]

a.

Occupancy restricted:

(1)

The owner of each unit is required to ensure that, at the time of any sale, conveyance, or lease of a unit, at least one occupant is 55 years of age or older;

(2)

Persons under 18 years of age are prohibited from residing in the unit; and

(3)

Notwithstanding subparagraphs (1) and (2) the condominium association may permit persons between 18 and 55 years of age to reside in a unit if necessary to care for an occupant or to prevent an undue hardship.

b.

The maximum residential density allowed on the development tract shall be 16 dwelling units per acre and the residential development shall occupy a maximum of four gross acres of the development tract.

c.

Notwithstanding any regulation to the contrary, development of a tract under this subsection shall be governed by the following bulk and area regulations:

(1)

Residential development is exempt from any front, side, or rear setbacks or any setback from the center line of any street;

(2)

The maximum number of units in a group is seven; and

(3)

The units shall have a maximum height of three stories above the highest point of grade. For units directly fronting on an existing public road, the maximum height shall be two stories above the highest point of grade.

d.

Residential development under this section shall:

(1)

Comply with the Honeygo building and site design standards contained in Section 259.9.C.5 of these regulations;

(2)

Be approved by way of a limited exemption under Baltimore County Code § 32-4-106(B)(2); and

(3)

Not impact the project's status as a planned shopping center.

B.

Bulk and area standards.

[Bill Nos. 40-1997; 73-1999]

1.

Except for nonresidential principal buildings or uses, and their accessory parking, the requirements of Section 1B01.1.B.1 (residential transition area) of these regulations do not apply.

2.

Institutional uses are subject to the bulk and area requirements of the underlying zone.

3.

Except for properties with approved development plans or CRG plans, the minimum width for any single-family detached lot is 85 feet as measured along both the front wall and rear wall of the dwelling unit.

4.

Except as provided in this section, the provisions of Section 1B01.2.C apply to development in the overlay districts. In the districts, the minimum residential dwelling setbacks are:

a.

Ten feet from the right-of-way of a collector street, neighborhood street, alley or court as defined in the Honeygo Overlay District design guidelines;

b.

Forty feet from the right-of-way of a major or minor arterial or collector road, as defined in these regulations;

c.

Not applied to porches or stoops in front yards; and

d.

Six feet from a side yard lot line that is not adjacent or the same as a public right-of-way if the dwelling unit is designed to have a side or rear entry garage. However, the sum of all side yard widths may not be less than 20 feet.

e.

Except for properties with approved development plans or CRG plans, 40 feet from the rear property line except for:

[Bill No. 11-2012 ^[110]]

(1)

Unroofed additions, including patios and decks; and

(2)

Roofed additions which do not exceed in width 50 percent of the dwelling unit, and which do not extend more than ten feet into the rear yard setback area.

f.

In a DR-2-H Zone, the sum of all side yard setbacks may not be less than 30 feet between dwellings.

5.

Commercial developments shall have:

a.

The front side, visible from the street upon which the building fronts, at least 25 feet high;

b.

A setback of no more than 15 feet from any building to the right-of-way upon which that building fronts; and

c.

A 15-foot-wide landscaped buffer between any parking facilities and any public right-of-way, except that, along Honeygo Boulevard, a setback of 40 feet from any parking facility to the right-of-way is required. The 40-foot setback is not subject to the variance provisions of Section 307.

[Bill No. 77-2004]

C.

Building and site design standards.

1.

Panhandle lots are not permitted.

[Bill Nos. 41-2014; 92-2015; 66-2018; 126-2020; 11-23]

2.

Reverse frontage lots are not permitted including the creation of lots that would result in a reverse frontage being created on adjoining lots in another subdivision.

3.

[Bill No. 73-1999]

a.

Except for properties with approved development plans or CRG plans, which shall be allowed front entry garages in accordance with the regulations in effect prior to January 14, 1995, a front entry garage shall be recessed at least eight feet behind the front facade of the dwelling or, in the alternative, for a garage not recessed or recessed less than eight feet, a minimum setback of 18 feet shall be provided, measured from the exterior garage wall to the right-of-way of a collector street, neighborhood street, alley or court as defined in the Honeygo Overlay District Design Guidelines. A two-car garage facing the street shall have two individual doors separated by a divider. The front facade of all garages, including the divider and not including the garage doors, shall be constructed of the same approved materials as the front facade of the building. Garages shall use items such as windows, decorative patterns, and color to relieve the visual impact of the house from the street.

[Bill No. 11-2012 ^[111]]

b.

The exterior surface of a side-entry garage, not including the garage doors, which faces the front of the dwelling shall be constructed of the same approved materials as the front facade of the building.

4.

The exterior surface on the front facade of all residential dwellings, not including the garage doors, shall consist of at least 70 percent of approved materials. This requirement is not subject to the variance provisions of Section 307.

[Bill Nos. 40-1997; 73-1999; 52-2004]

5.

Building exteriors shall be of finished quality and similar architectural treatment, as defined in the Honeygo District Guidelines, to grade or, where that is not feasible, shall be finished to within 12 inches of grade on all sides of the building. This requirement is not subject to the variance provisions of Section 307.

[Bill No. 52-2004]

6.

All fencing shall be in conformance with the Honeygo Overlay District Design Guidelines, and any fence more than three feet high shall also be set back at least three feet from any public right-of-way other than an alley. The three-foot setback area shall be landscaped with shrubs or grasses that are suitable for the space.

[Bill No. 20-2005]

7.

Roofs shall be pitched in accordance with the Honeygo Overlay District Design Guidelines.

8.

Stormwater management pond slopes, where management is not provided through a regional facility, shall not exceed a ratio of 3:1.

9.

Rooftop equipment shall be screened so it is not visible from the ground level of adjacent buildings.

10.

All inside group townhouses shall be at least 20 feet wide and all end of group townhouses shall be at least 22 feet wide.

[Bill No. 40-1997]

D.

Signage standards. Signs are permitted, subject to Section 450 and the following additional restrictions:

[Bill No. 89-1997]

1.

Freestanding enterprise and freestanding joint identification signs are not permitted on individual pad sites unless the signage is an existing permitted use.

[Bill No. 73-1999]

2.

Commercial special event signs are not permitted.

3.

Outdoor advertising signs are not permitted.

4.

Only one freestanding joint identification sign of no more than 12 feet in height and no more than 100 square feet in area for each shopping center or multi-tenant building is permitted.

5.

Only one wall-mounted joint identification sign, which for each shopping center or multi-tenant building identifies the center or building and which does not exceed the greater of 100 square feet or 12 percent of the wall upon which it is mounted, is permitted.

6.

Only one wall-mounted enterprise sign, for each commercial establishment with an exterior entrance where the sign does not exceed, in square feet, two times the length of the wall upon which it is mounted, is permitted.

E.

Open space standards.

1.

The local open space requirements listed in the Local Open Space Manual, as adopted pursuant to § 32-4-404 of the Baltimore County Code, shall be applied in the D.R.1 and D.R.2 underlying zones.

[Bill No. 137-2004]

2.

Stream buffers, wetlands and steep slopes contiguous to streams and regulated by the Department of Environmental Protection and Sustainability for environmental purposes shall be dedicated to Baltimore County, recorded by the county government among the land records of Baltimore County, and not used to meet the local open space requirements of the underlying zones.

[Bill No. 122-2010]

3.

For land developed for commercial uses, at least seven percent of the land shall be dedicated to open space for passive or active recreational uses. Paved portions of off-street parking lots or driveways shall be included in the calculation of the gross area, but shall not be designated to meet the open space requirement.

4.

At least 25 percent of the perimeter of any open space must abut public rights-of-way or fronts of buildings, and such open space shall be landscaped.

5.

The county may accept a fee in lieu of providing required open space when such fee is in conformance with these regulations. The fee shall be established annually by the Baltimore County Planning Board in accordance with the procedure set forth in § 3-1-202 of the Baltimore County Code.

[Bill Nos. 40-1997; 137-2004; 11-23]

6.

Usable areas of stormwater management ponds that have slopes of at least a ratio of 4:1 may be used to fulfill open space requirements.

7.

Forest conservation areas and wetlands not contiguous with streams shall not be used to meet the local open space requirements of the underlying zones.

F.

Parking standards.

1.

The provisions of Section 409.6 of these regulations apply except as provided in this subsection.

[Bill No. 73-1999]

2.

The provisions of Section 102.4 of these regulations do not apply and any lot may have sole access to an alley with a right-of-way of at least 16 feet.

3.

Off-street parking bays are not permitted.

4.

A cul-de-sac or court shall not exceed 400 feet in length unless, as determined by the Director of Environmental Protection and Sustainability, a longer length is needed to prevent encroachment on protected areas.

[Bill No. 122-2010]

5.

All streets shall have sidewalks and shall be planted with trees according to the standards for the street classification, as defined by the Honeygo Overlay District Design Guidelines.

G.

Application.

1.

The provisions of this section shall govern in any situation where there is a conflict between this section and other regulations.

2.

Where the provisions of this section are silent, the provisions of these regulations governing the underlying zone shall apply.

3.

In addition to the requirements of this section, residential and commercial development in the area shall be subject to the Honey go Overlay Districts Design Guidelines.

[Bill No. 40-1997]

4.

Notwithstanding the provisions of § 32-4-273 of the Baltimore County Code, the provisions of this section do not apply to any property with an unexpired CRG plan that was approved prior to May 18, 1992.

[Bill No. 137-2004]

5.

Development of property under Section 259.9.A.6 shall not be considered to be located within the H Overlay District, shall not be subject to any other standards or design guidelines outlined in this section, shall satisfy the requirements of § 32-6-108 of the Baltimore County Code by paying a fee in lieu consistent with the fee that would be imposed on an elderly housing facility, and shall be exempt from the requirements of § 32-6-111 of the County Code.

[Bill No. 46-2021]

H.

Urban Forest Patch Conservancy Area. No more than 20 percent of the Urban Forest Patch Conservancy Area may be disturbed.

[Bill No. 11-23]

[Bill No. 78-2002]

The MD 43 Overlay District is established to implement the Middle River Employment Center Area Plan, Part One, which was adopted as an amendment to the Baltimore County Master Plan 2010. The Middle River Employment Center Area includes the largest amount of contiguous undeveloped or underdeveloped land with industrial zoning in Baltimore County. Much of the land in the Middle River Employment Center Area is not accessible without the extension of Maryland Route 43. Funding for MD 43 extended is intended to support the creation or enhancement of businesses such as manufacturing, technology, office, and research and development. Furthermore, it is the purpose of the MD 43 Overlay District to encourage the industrially zoned land to be developed or redeveloped with export-type businesses that generate family-supporting wages. Certain commercial, retail, service, and semi-industrial uses, as provided in Sections 229.5.A, 253.1.C and 253.2.B, which will support or assist in the creation or enhancement of such export-type businesses, are permitted with specified restrictions within the MD 43 Overlay. For purposes of Section 4A02, any development of property located within the MD 43 Overlay District shall be considered to be "industrial development."

[Bill No. 78-2002]

These standards are intended to be additions to, modifications of, and exceptions from the standards required by the underlying zoning classification. All conflicts are to be resolved in accordance with Section 259.12.

A.

Uses permitted by right.

[Bill No. 74-2005]

1.

Any use permitted by right in the underlying M.L. or M.H. Zone on which the MD 43 Overlay District designation is applied and any of the following listed uses are permitted by right as an "employment-intensive use," except as prohibited by Section 259.11.C.

a.

Automobile rental agencies.

b.

Carpentry or cabinetmaking shops.

c.

Electrical contractors' shops.

d.

Electroplating shops.

e.

Heating or air-conditioning contractors' shops.

f.

Machinery sales or repair establishments.

g.

Nonretail bank operations.

h.

Nonretail laundry or dry-cleaning operations.

i.

Parking lots or garages.

j.

Plumbing contractors' shops.

k.

Schools, including business or trade schools.

l.

Sheet metal shops.

2.

Any of the commercial, retail, or service uses listed in Sections 229.5.A, 253.1.C or 253.2.B are permitted by right as "auxiliary commercial uses" within the MD 43 Overlay District unless otherwise permitted as an "employment-intensive use" under Section 259.11.A.1 or unless specifically restricted by Section 259.11.B.2, subject to the following restrictions:

a.

No more than eight percent of the gross floor area of buildings constructed on a tract that is under common ownership or control or part of a common scheme of development may be used for auxiliary commercial uses.

b.

No more than 60 percent of the allowed auxiliary commercial uses may be constructed on individual pad sites.

c.

The proposed development shall be phased in the following manner: one-third of the auxiliary commercial uses allowed are permitted immediately. When 20 percent of the gross floor area of buildings designated for employment-intensive uses has been developed or is under construction, another one-third of the auxiliary commercial uses are permitted. When 50 percent of the gross floor area of buildings designated for employment-intensive uses has been developed or is under construction, the remaining one-third are permitted. For purposes of this subsection only, churches and commercial recreational facilities shall not be counted as "employment-intensive uses."

3.

Notwithstanding any of the regulations of this section to the contrary and in addition to the rights granted under this section, residential uses are permitted to be built on a maximum 30 percent of the overall tract of at least 800 acres that, as of February 19, 2013, is under common ownership or control or part of a common scheme of development. Multifamily units are permitted in accordance with the regulations applicable to the BM-CT Zone, except that units are permitted on any story of a proposed building. Other residential unit types are permitted in accordance with the bulk, height, and building setback requirements applicable to the DR 10.5 Zone. The maximum number of residential living units permitted on the overall tract under this provision is 3,300 units. For purposes of calculating the number of residential living units, each unit, regardless of type, shall be counted as one residential living unit without regard to bedroom count. Approval of a pattern book in accordance with Section 259.11.D may allow waiver or modification of any applicable laws or regulations governing development, including height, area, bulk, or parking requirements. A waiver or modification may be approved by the Office of Administrative Hearings after public hearing, subject to a finding that the requirements of Section 502.1 are met.

[Bill Nos. 82-2008; 5-2013; 5-24]

4.

Alternative uses and development proposals.

[Bill Nos. 52-2019; 53-2020]

a.

D.R.2 or D.R.3.5 Zones.

(1)

As an alternative to development in accordance with the underlying zoning, the following uses are permitted by right on development tracts zoned D.R.2 or D.R.3.5 if such tract is: (1) adjacent to the MD 43 Overlay District; (2) has direct vehicular access to Campbell Boulevard or MD 43; and (3) is under common ownership or control or part of a common scheme of development as other property, with a total area of at least 800 acres, having the MD 43 Overlay District:

(A)

Commercial recreational facilities and additional complementary and accessory uses, including, but not limited to, indoor recreation centers, outdoor recreation centers, lighted fields, spectator seating, aquatic centers with leisure pools, surf pools, or other pools, temporary living quarters for overnight camps and similar programs, overnight accommodations, restaurants, retail uses, offices, parking lots, with or without solar canopies, and space for equipment storage.

Residential uses associated with a commercial recreational facility are allowed as permitted and as limited in the D.R.5.5 Zone, except that no multi-family or single-family attached units are permitted and no more than five acres of the development tract may be developed with such residential uses; or

(B)

Residential uses not associated with a commercial recreational facility are allowed as permitted and as limited in the D.R.3.5 Zone. Residential uses under this subparagraph are not subject to the limitations on single-family detached lots contained in Section 260.2.

(2)

Development proposals under this subsection shall be reviewed and approved under the provisions of Section 259.11.D, including approval of a pattern book, which may allow waiver or modification of any applicable laws or regulations governing development, including height, area, bulk, or parking requirements. Such waivers or modifications shall be approved through the procedures outlined in Sections 259.11.A.3 and 259.11.D.

b.

R.C.3 Zone.

(1)

As an alternative to development in accordance with the underlying zoning, residential uses are permitted by right on development tracts containing R.C.3 Zoning if such tract is adjacent to the MD 43 Overlay District and is under common ownership or control or part of a common scheme of development as other property, with a total area of at least 800 acres, having the MD 43 Overlay District.

(2)

Residential uses are permitted in accordance with the standards for unit type outlined in Section 259.11.A.3, except that multi-family units are not permitted, and such uses are only permitted on the portion of the development tract that is zoned R.C.3 or that has the MD 43 Overlay District designation.

(3)

Development of a tract under this subparagraph shall be approved by way of a limited exemption under Baltimore County Code § 32-4-106(B)(2), provided the tract is incorporated into an approved development plan. The amended development plan shall integrate the additional development into the approved development scheme, and the approved pattern book must be amended as provided in Section 259.11.D. Vehicular access to the development tract shall be provided through the approved development and not through Ebenezer Road. Public water and sewer service shall be routed through the approved development and not through Ebenezer Road, provided there is sufficient available capacity. Prior approved waivers or modifications for the approved development scheme may be utilized for the additional development. Additional waivers or modifications shall be approved through the procedures outlined in Sections 259.11.A.3 and 259.11.D. For purposes of the application of Section 259.11.A.3, once incorporated into the approved development plan, the development tract shall be considered to be part of the overall original tract of at least 800 acres as of February 19, 2013.

c.

Development of property under Section 259.11.A.4 shall be considered to be located within the MD 43 Overlay District.

B.

Uses permitted by special exception.

1.

Any use permitted by special exception by the property's M.L., M.L.-1.M., M.H., or M.H.-I.M. zoning classification on which the MD 43 Overlay District designation is applied is permitted by special exception as an "employment-intensive use," unless specifically prohibited by Section 259.11.C.

2.

Notwithstanding any provision in the zoning regulations to the contrary, when located on an individual pad site, defined as a site containing a single freestanding building, along with required parking, landscaping, and stormwater management areas, all within the confines of a larger development project, the following auxiliary commercial uses require a special exception:

a.

Fuel service stations (subject to Section 405).

b.

Convenience stores.

c.

Fast-food restaurants.

3.

Any auxiliary commercial use permitted by special exception shall be subject to the restrictions contained in Sections 259.11.A.2.a through 259.11.A.2.c.

4.

Notwithstanding any provision of this section or any other County law or regulation to the contrary, a standard restaurant, in conjunction with or in addition to its operation as a standard restaurant, may provide live or recorded entertainment.

[Bill No. 104-2010]

C.

Uses prohibited. Notwithstanding any provision of the zoning regulations to the contrary, the following uses are prohibited:

1.

After-hours clubs.

2.

Junkyards.

3.

Outdoor advertising.

4.

Scrap metal processing facility.

[Bill No. 35-2015 ^[112]]

5.

Striptease businesses.

D.

All development shall be in conformance with Division III of The Comprehensive Manual of Development Policies (CMDP). Alternate land design scenarios may be permitted, subject to the submission and approval of a pattern book by the hearing officer or by the Director of the Department of Planning in cases where no hearing before the hearing officer is required. "Pattern book" is defined as a book providing architectural guidelines and schematic renderings for buildings, street layouts, signage, lighting, landscaping and other elements pertaining to the design of a particular development project. The Director of the Department of Planning shall provide written recommendations to the hearing officer at the time of development plan review regarding conformance with Division III of the CMDP or the alternate land design scenario outlined in the pattern book. After plan approval, any changes to a pattern book would require review and approval by the Director of the Department of Planning.

[Bill No. 55-2011]

[Bill No. 78-2002]

A.

The provisions of this section govern in any situation where there is a conflict between this section and any other provisions of these zoning regulations.

B.

If the provisions of this section are silent, the regulations governing the underlying zone shall apply.

C.

The MD 43 Overlay District may only be applied to property located within the Middle River Employment Center Area Plan, Part One, Study Area.

[Bill No. 5-2013]

[Bill No. 60-2007]

A.

Building permits may not be issued for residential construction in the Middle River area, as defined in County Council Bill 59-07, prior to the commencement of construction on the following capital projects:

1.

The White Marsh pumping station;

2.

The second Stemmers Run pumping station;

3.

The force mains between these stations and the Back River treatment facility;

4.

The Windlass Run interceptor; and

5.

The reconstruction of the Ebenezer Road bridge over Windlass Run (Bridge No. 294).

[Bill No. 7-2012]

A.

Statement of legislative intent for Neighborhood Commons Overlay District. The Neighborhood Commons (N.C.) Overlay District is established to promote more livable communities through the preservation of land for the purpose of community parks, gardens and natural areas. It is intended that the N.C. District be applied only to areas located inside the urban/rural demarcation line (URDL) that are local to established neighborhoods, and that residential, commercial, or industrial development not be permitted on tracts with the N.C. District designation. The N.C. District is not intended to remove or replace or limit any open space requirements in these regulations, the Baltimore County Code, or the Baltimore County Open Space Manual.

B.

Permitted uses.

1.

Uses permitted by right.

a.

Open space.

b.

Civic, social, educational, or recreational uses not involving structures, other than minor open recreational structures or ancillary utility buildings of 1,000 square feet or less that are incidental and subordinate to the permitted civic, social, educational, or recreational use.

c.

Public utility uses permitted by right in the underlying zone.

[Bill No. 14-2017]

2.

Uses permitted by special exception.

a.

Civic, social, educational, or recreational uses involving ancillary structures or utility buildings greater than 1,000 square feet.

b.

Off-street parking that is not in compliance with the requirements of Subsection C.5.

c.

Public utility uses permitted by special exception in the underlying zone.

[Bill No. 14-2017]

d.

Volunteer fire company stations permitted by special exception in the underlying zone.

[Bill No. 54-2018^[113]]

e.

Uses approved as special exceptions in the underlying zone shall continue to be treated as uses permitted by special exception without regard to the application of the overlay district.

[Bill No. 14-2017]

C.

Special regulations for N.C. Districts.

1.

The N.C. District shall be applied only to a property, or portion thereof, located inside the URDL and:

a.

Owned by a nongovernmental, nonprofit entity and held for the purpose of community parks, gardens, or natural open space areas;

b.

Owned as common areas by a community homeowners' association or condominium association organized and operated in accordance with the laws of this state;

c.

Owned by a state or local government that is undeveloped, environmentally sensitive, or constitutes a passive recreational area;

d.

Specifically designated as community open space on an approved development plan; or

e.

Located in a floodplain or a forest conservation area.

[Bill Nos. 66-2015; 11-24]

2.

Notwithstanding the requirements of Section 504.3, the maintenance of a property having an N.C. District designation shall be by the nongovernmental, nonprofit entity or by the homeowners' or condominium association, as applicable. If the party responsible for the maintenance of the property hereunder can no longer maintain the property, maintenance shall be the responsibility of the owner of record.

3.

Maximum gross residential density shall apply to the gross residential area of the lot or tract and shall be calculated pursuant to the density requirements of the underlying zone. However, the use of a property having an N.C. District designation is subject to the use limitations of Subsection B for the entire property, or portion thereof, so designated.

4.

The application of the N.C. District designation to a property having existing structures is subject to the use limitations of Subsection B.

5.

If feasible and in adherence to applicable environmental regulations, a property with the N.C. District designation and with vehicular access to the property may have off-street parking as follows:

a.

Requirements as to parking space dimensions, access to parking spaces, number of small-car spaces, location of parking, and striping shall be in compliance with the applicable provisions of Section 409.

b.

Not more than two off-street parking spaces per acre, up to a maximum of 15 parking spaces, is permitted.

c.

Allowable parking times and duration, including any periods allotted for maintenance operations, shall be set and enforced by the ownership entity of the property.

d.

Parking shall be composed of a durable and dustless pervious material approved by the Department of Environmental Protection and Sustainability.

[Bill No. 16-2012]

A.

Statement of legislative intent for Mercantile Exposition Overlay District. The Mercantile Exposition (M.E.) Overlay District is established to allow commercial, entertainment and agricultural activities, including expositions, fairs, entertainment and sporting, and agricultural-related events, that support an agricultural society organization and attract local tourism. The M.E. District is not intended to permit a slot machine parlor or video lottery facility.

B.

Special regulations for M.E. Districts.

1.

The M.E. District may be assigned only to a tract of land, or a portion thereof, containing a minimum of 80 acres that is owned by an agricultural society and is zoned for commercial, industrial or semi-industrial use (M.H., M.L., M.L.R., M.R., B.R., and/or B.M.).

2.

A tract of land with the M.E. District designation may be improved with buildings, structures, or uses that meet the bulk regulations of the underlying zone or are legally nonconforming pursuant to Section 104, and are for those uses set forth in Subsection C below and administrative offices.

C.

Uses permitted by right. The following listed commercial and agricultural activities are permitted:

1.

Animal shows and judging.

2.

Athletic events.

3.

Carnivals, fairs, and circuses.

4.

Camping and scouting events.

5.

Casino events pursuant to a valid permit issued and in accordance with rules set forth by the Department of Permits, Approvals and Inspections.

6.

Community meetings.

7.

Concerts.

8.

Education and training demonstrations and seminars.

9.

Exhibitions.

10.

Food booths and stands.

11.

Food service facilities.

12.

Fundraisers.

13.

Games and rides.

14.

Gaming events authorized under Title 13, Subtitle 6 of the Criminal Law Article of the Annotated Code of Maryland.

15.

Home, arts, farm, and garden shows.

16.

Horse display, boarding, training or sale.

17.

Hot-air-balloon events.

18.

Livestock and 4H shows.

19.

Livestock display or sale.

20.

Lodging as an ancillary use.

21.

Lotteries authorized under Title 9, Subtitle 1 of the State Government Article of the Annotated Code of Maryland.

22.

Motor sports and races.

23.

Religious uses and activities.

24.

Rodeos.

25.

Sales and auctions.

26.

Testing center.

27.

Theaters.

28.

Thoroughbred horse racing. [Bill No. 17-2016]

29.

Pari-mutuel betting as authorized under Title 11 of the Business Regulation Article of the Annotated Code of Maryland on days with or without live thoroughbred horse racing on the property.

[Bill No. 17-2016] ^[115]

30.

Trade shows and business shows.

31.

Other uses, events, or activities that are similar or consistent with the uses listed above and support the agricultural society organization.

D.

Uses prohibited.

[Bill No. 17-2016]

1.

The use of land with the M.E. District designation as a video lottery destination location or a video lottery facility and the use of video lottery terminals, as those terms are defined in Title 9, Subtitle 1A of the State Government Article of the Annotated Code of Maryland, is prohibited.

2.

The use of land with the M.E. District designation as a location for a casino with table games is prohibited.

[Bill Nos. 49-2016; 86-2016 ^[116]]

A.

D.T. (Downtown Towson) District. Master Plan 2020 identifies Towson as the urban center of Baltimore County and lists policies and actions that foster the redevelopment of Towson into a premier, walkable, mixed-use hub of activity. The following regulations are designed to help foster redevelopment and implement the goals of Master Plan 2020.

1.

Locational requirements. The D.T. District may be applied only on land zoned B.L., B.M., B.R., R.A.E. 1, R.A.E. 2, O.R.1, O.R. 2, D.R. 10.5 and D.R. 16. The Application of the D.T. Zone may occur at the same time the underlying zone is changed.

2.

Area requirements.

a.

Building height and floor area ratio are not restricted.

b.

All properties are exempt from front, side or rear yard setbacks or any setback from the center line of any street.

3.

Use requirements.

a.

Uses are permitted as stated in the underlying zone.

b.

Additionally, regardless of the underlying zone, residential uses, apartments, and elderly housing are permitted by right and not limited by density. These uses are permitted on all floors of any building.

4.

Parking requirements.

a.

Within the Downtown Towson District, there are no minimum parking requirements except:

b.

At the time of development or redevelopment, the applicant shall identify on its development plan or limited exemption plan the parking needs associated with the proposed uses and how they will be accommodated. The applicant shall address the following in demonstrating how the parking demand will be accommodated:

(1)

Identification of each use within the development and the parking demand assumption for each use.

(2)

The method of supplying the parking for the development shall be identified, such as on-site, leased or shared, and how any other alternative transportation methods are incorporated into addressing transportation demand.

(3)

For residential-only buildings, identification of a secondary method for providing additional parking in the event the original parking supply proves to be inadequate.

5.

Sign requirements.

a.

All signs at or above the sixth floor of any building shall be reviewed by the Design Review Panel (DRP).

[Bill No. 10-2019]

b.

Except as set forth in subparagraph A., The Department of Planning shall review every signage proposal, including any mural up to 20 feet above street level, and determine whether a proposal shall be reviewed by the Department administratively or referred to the DRP for its review.

[Bill No. 10-2019]

c.

After the DRP has reviewed a comprehensive sign package as part of a development, the Department of Planning shall administratively review subsequent minor revisions to the comprehensive recommended sign package.

[Bill No. 10-2019]

6.

Design guidelines. The purpose of the design guidelines for the Downtown Towson District is to provide clear, comprehensive guidance outlining the considerations the DRP and Department of Planning must undertake when reviewing and making recommendations about development in the Downtown Towson District. The guidelines acknowledge the evolving mixed-use, urban character of downtown Towson. The guidelines are not mandatory, and some may be inapplicable or unachievable for certain projects. In these cases, the applicant shall explain how the overall objectives will be met.

Urban site design and architectural guidelines are divided into eight general categories including: environmental sustainability, block configuration/site design, parking, downtown open space, building principles/architecture, building materials, lighting and signage.

a.

Environmental sustainability.

(1)

Developments should be designed to achieve green building standards equivalent to the silver standard of either the Leadership in Energy and Environmental Design (LEED) or the National Green Building Standards (NGBS). While the LEED or NGBS silver certifications are not required, preliminary information regarding any target design parameters related to LEED or NGBS standards shall be provided to the Design Review Panel upon request by the DRP, known at the time of DRP review.

[Bill No. 86-2016]

(2)

Stormwater management shall be incorporated into all development projects to reduce runoff, improve water quality and increase groundwater recharge.

(3)

Preservation of existing trees is strongly encouraged in all proposed development projects. Mature trees, with a diameter of breast height (DBH) of ten inches or more shall be retained, except where the tree is:

(a)

Dead, diseased or injured beyond restoration as determined by a certified arborist or licensed forester; or

(b)

Interferes with the location of a structure, utilities, other critical site improvements, or construction access.

[Bill No. 86-2016]

(c)

If a mature tree is removed as defined in this Section, multiple trees with diameters that add up to the diameter of the tree being removed shall be planted on site or elsewhere in the D.T., provided a location is available. If another location is not available, a fee-in-lieu shall be paid to cover the cost of the replacement trees and for installation of the trees only, which fee shall be used within the Downtown Towson Overlay District.

[Bill No. 86-2016]

(4)

Any proposed planting areas and species selection for street trees shall conform to urban street tree best practices, including adequate root trenches to accommodate new soil volume and minimum soil depth that ensures the long-term health of the trees being planted. The interior dimension of tree pits or planting strips should be a minimum of ten feet long and six feet wide if there is sufficient sidewalk width for pedestrian traffic. The requirements or locations for plantings may be eliminated or precluded by the location of signage, utilities, street lights, and other preexisting and proposed infrastructure. If installation of new street trees is precluded, a fee-in-lieu shall be paid and used as required in Subsection A.6.a(3).

[Bill No. 86-2016]

(5)

The use of light-colored or high-albedo surfaces are suggested to reduce the heat island effect on the top level of parking structures and surface parking lots.

(6)

The use of native canopy trees is strongly encouraged in parking lots, downtown open spaces and streetscapes.

(7)

When designing and developing outdoor spaces, sustainable practices should be used to reduce energy and water use, minimize runoff and improve stormwater quality, prevent air pollution, reduce the heat island effect, and include green space to provide relief from the built environment.

(8)

The use of green roofs, cool roofs and solar panels should be considered for both aesthetic and environmental benefits.

b.

Block configuration/site design.

(1)

Block configuration should respect adjacent buildings and should result in a cohesive pedestrian realm along streets and alleys.

(2)

Primary building facades should be oriented toward the street and the pedestrian realm.

(3)

Buildings should line the sidewalk and frame the public realm.

(4)

Surface parking areas should be screened by architectural and landscape treatments.

[Bill No. 86-2016]

(5)

Corners of blocks should be given specific design consideration and should be emphasized by locating unique architectural features, entrances, or special streetscape features at corner locations.

(6)

Where there are midblock connections, pedestrian amenities and entrances to uses should be included to break up large building wall expanses.

(7)

Pathways from parking areas to the street should have purpose, be safe and be visually interesting.

(8)

The number of curb cuts should be minimized to reduce conflicts between pedestrians and vehicles.

c.

Parking.

(1)

Structures.

(a)

The design of parking structures should be architecturally integrated with the design and structure of buildings they serve.

(b)

Facades of a parking structure that are visible to the public should be treated in such a way as to maintain a high level of architectural design and finish, minimizing blank walls.

(c)

Facades on parking structures should be activated with ground floor uses and/or pedestrian amenities.

(d)

Parking structures should have signage that clearly identifies parking opportunities.

(e)

The horizontal and vertical elements of the parking structure facade should complement those of adjacent on-site structures.

(f)

Parking structures should be designed to conceal as much as possible the view of all parked cars and angled ramps from adjacent plazas, public rights-of-way, private streets and plazas or open spaces.

(g)

The location of all proposed parking garage access points should be placed to minimize the impact to the public realm or adjacent uses.

(2)

Off-street surface parking.

(a)

Shade trees should be located throughout all surface parking areas. The use of native canopy trees is encouraged.

(b)

Proposed surface parking areas should be landscaped to meet Class B standards as specified in the Baltimore County Landscape Manual, with screening walls or fences.

(c)

Proposed landscaping, walls or fences should reflect the urban character of the D.T. District.

d.

Downtown open space. The DRP shall require, to the greatest extent possible, projects to incorporate downtown open space that include aesthetics, recreation, or gathering areas at the street level, with a goal of providing five percent of gross acreage of the site. However, the DRP should determine the quantity and quality of the downtown open space by using the following objectives, including the size of the site and usability of the space or other reasonable criteria.

[Bill No. 86-2016]

(1)

Downtown open space is exterior and open to the public and may include plazas, public courtyards, pathways, planters, streetscapes, civic spaces or green spaces that allow for gathering, cafe seating, entertainment or art. If the width from building facade to face of curb includes sidewalk and exceeds seven feet, the width in excess of seven feet qualifies as downtown open space, including any sidewalks. However, the cost of sidewalks along public roads may not be used to reduce open space fees.

(2)

Downtown open space should be located on site and, when feasible, connected to neighboring properties to create a cohesive open space network serving people who live, work and shop downtown.

(3)

Downtown open space should be provided to give relief and interest to the streetscape.

(4)

Downtown open space should be appropriate to the scale and character of the development.

(5)

Downtown open space should be designed to be easily accessible to the public and provide year round use where possible.

(6)

Downtown open space should be made comfortable by using architectural and landscape elements to create a sense of place, enclosure and security.

(7)

Blank walls shall be limited and downtown open spaces should be considered an integrated part of the design.

(8)

The development of downtown open spaces for building users should be integrated into all design.

(9)

Trash and recycling receptacles should be strategically placed.

(10)

Downtown open spaces should feature entrances to retail/restaurant spaces along their perimeters to activate the space.

(11)

Paving material of varied physical texture, color and pattern should be used to guide movement and define functional areas.

(12)

The use of native canopy trees for shading and cooling is strongly encouraged.

(13)

Downtown open space should be designed for all ages.

(14)

Bicycle racks and storage shall be incorporated into the design of proposed development.

(15)

A consistent framework of materials and treatment is suggested for the public realm of the D.T. in order to blend with what has already been built and landscaped. These standards are taken from Section F (Towson Streetscape Standards) of the Comprehensive Manual of Development Policies (CMDP) and are as follows:

(a)

Street trees: 30 feet to 50 feet on center.

(b)

Brick paving edge along the curb: 16 inches in width.

(c)

Decorative lighting: 60 feet on center.

(16)

Local open space fees generated from residential development in the D.T. District shall be used in the D.T. District.

e.

Building principles/architecture.

(1)

A wide variety of appropriate architectural styles, materials and details throughout the district are encouraged to create a thriving, attractive district.

(2)

New buildings should be contextual in scale and style to the surrounding structures, where practical.

(3)

Variation in building scaling and detail should relate to the scale and function of pedestrian active uses along the streets.

(4)

All visible sides of the building should be given design consideration, including the roofs.

(5)

All building sides should be designed purposefully.

(6)

New buildings should fit within the context in terms of mass and scale to enhance the character of a block or street, where practical.

(7)

The location of buildings should define and contain the street space in order to concentrate and reinforce pedestrian activity.

(8)

Portions of the building that are not aligned with the right-of-way line should be related to the building uses that complement pedestrian activities along the street such as plazas, patios, and building entries.

(9)

Design of new development that is directly contiguous to single-family residential communities should respect the scale, form, and development pattern of the existing communities, specifically:

(a)

Architectural massing and site design should be carefully considered to ensure an effective transition between the D.T. and directly contiguous community.

(b)

The scale of the buildings that directly border a single-family residential community should be reduced by stepping back the upper stories of the building to reduce the impact on adjacent properties.

(c)

Building lighting and/or street lighting fixtures that directly abut single-family residential communities shall be sited in such a way to minimize light spillage into the residential community.

(10)

Use of structural bays, expressed columns, window mullions, horizontal fenestration, etc., should be utilized to promote a pedestrian scale.

(11)

Rooftop equipment should be fully screened from horizontal view along the street frontages of the subject site. Screenings should be expressed as part of the building's composition and fully integrated architecturally.

[Bill No. 86-2016]

(12)

Building corners should be given special treatment. This may include signature entries, special roof shapes and taller, iconic architectural elements.

(13)

Variations in fenestration patterns should be used to emphasize building features such as entries, shifts in building form or differences in function and use.

(14)

Building rooftops and parapets should enhance the character of the skyline and strengthen the identity of individual buildings.

(15)

Ground floor use should be activated and activities in new developments should be integrated with existing retail uses and activities along the street front and provide flexibility for changing market demands.

(16)

The ground level of buildings should be developed to provide visual interest to pedestrians. This means either outdoor dining areas, retail display windows or service-oriented activities that can be viewed through storefront glazing. If the building face at the sidewalk edge cannot be glazed, then the blank wall should be treated in an interesting way with decorative architectural finishes, screens, display cases, sculpture, murals or plant material.

(17)

If the facade wall is to be set back from the property line to create courtyards or niches, then other elements (such as columns, planters, changes in paving materials, or railings) should be used to define the street wall.

f.

Building materials.

(1)

Innovative use of high-quality materials should be encouraged.

(2)

The character and image should be reinforced by using high-quality materials, texture, patterns, and colors in well-designed innovative ways including the utilization of natural materials that will age well.

(3)

Finishes and materials should reinforce those used in that architectural style originally, where practical.

(4)

The consistent use of quality materials appropriate to the urban environment should be ensured.

(5)

Human-scaled building should be encouraged through the use of well-detailed and articulated materials, individually and in combination. Material selection on the ground floor should be given careful consideration to aid in creating a pleasing pedestrian environment in addition to being able to weather well.

(6)

All visible facades of a building from the public realm should be treated equally in terms of materials, color and design detail, where practical. The building should have a finished appearance on all sides.

(7)

The use of replacement materials that imitate or falsely replicate natural material applications should be avoided.

g.

Lighting.

(1)

Lighting should be used to provide illumination that complements the aesthetic appeal and safety, thereby promoting comfortable, safe pedestrian activity at night.

(2)

Highlighting of significant architectural features, trees and artwork with accent lighting should be considered.

(3)

Fixtures should be designed and installed in scale and context with the architecture of the building.

(4)

Light sources on private development should complement lighting within the public realm of the district.

(5)

Lighting as a nighttime amenity should be considered.

(6)

Lighting associated with signage on the upper stories of a building or on a rooftop should not become overwhelming or dominant in the skyline.

(7)

Fixtures shall minimize skyglow, glare and light trespass and conform to best practices as identified by the Illuminating Engineering Society of North America.

h.

Signs.

(1)

Signs shall be oriented towards and scaled for the pedestrian realm.

(2)

Signs should be integrated within the architectural features of the facade and complement the building's architecture.

(3)

Signs should not be designed to maximize square footage but instead to enhance their graphic impact to the public (pedestrian realm).

(4)

Signs should add visual interest, facilitate way-finding and enhance the character of the area.

(5)

Signs on rooftops and the upper stories of a building should have a proportional relationship between the size of the building and the size of the sign. These types of signs should have a corresponding design to the building architecture and not become overwhelming or dominant in the skyline.

(6)

Signage should be located and designed to avoid conflicts with street trees and streetlights.

[Bill No. 9-24]

A.

Purpose. The Mixed-Use (M.U.) District is established to:

1.

Create dynamic, high-quality neighborhoods that are attractive, pedestrian-oriented, and complement the surrounding community;

2.

Encourage economic development and revitalization in the county's major commercial corridors and main streets;

3.

Incentivize the creation of attainable, accessible, and affordable housing units, and provide for a variety of residential uses;

4.

Promote smart growth and sustainable redevelopment strategies within the urban rural demarcation line;

5.

Encourage the use of public transportation, bicycle, and pedestrian access; and

6.

Support the redevelopment and revitalization of greyfields.

B.

Location requirement. The M.U. District may be applied only to a tract of land that is:

1.

Zoned B.L., B.M., B.R., or M.L., regardless of whether it is assigned another overlay district;

2.

Within the urban rural demarcation line; and

3.

In any type of node, as set forth in Master Plan 2030, as amended.

C.

Development in the M.U. District.

1.

A development in the M.U. District may be a mixed-use development as an alternative to development in accordance with the underlying zone or another assigned overlay district.

2.

Subject to development review, at least 25 percent of the gross floor area within an overall mixed-use development in the M.U. District shall be developed for nonresidential use, which may include amenities in an apartment building.

3.

A mixed-use development in the M.U. District shall not be eligible for a limited exemption pursuant to Section 32-4-106 of the County Code, except that changes pursuant to this section to a development plan approved prior to June 1, 2024 for a development in the M.U. District shall be approved in the same manner in which the plan was originally approved.

D.

Uses permitted by right. The following uses are permitted by right in the M.U. District, in addition to the uses permitted by right in the underlying zone or another assigned overlay district:

1.

Multi-family housing, including apartments, purpose-built student housing, elderly, senior, or age-restricted housing facilities, and assisted living facilities.

2.

Single-family attached, duplex dwellings, group homes, and alternative site design dwellings are permitted but shall not constitute more than 50 percent of all residential units proposed as part of a mixed-use site development plan.

3.

Community centers.

4.

Exhibition and cultural centers.

5.

Art galleries and displays.

6.

Art studios and maker spaces.

7.

Offices and co-working spaces.

8.

Banks and financial institutions (no drive-thrus).

9.

Public gardens, parks, plazas or civic gathering spaces.

10.

Government services.

11.

Day cares, nurseries, and pre-schools.

12.

Educational institutions and services.

13.

Places of worship.

14.

Indoor live entertainment venues.

15.

Class 7 breweries.

16.

Class 1 wineries and distilleries.

17.

Artisan food producers with on-site sales.

18.

Outdoor dining.

19.

Rooftop solar collectors.

20.

Urban farms and apiaries.

21.

Hotels.

22.

Indoor/outdoor active recreation or sports facilities.

E.

Uses permitted by special exception. Unless otherwise permitted by right by the underlying zone or another assigned overlay district, the following uses are permitted by special exception in the M.U. District, in addition to uses permitted by special exception by the underlying zone or another assigned overlay district:

1.

Conference centers.

2.

Car washes as an accessory use to a parking garage.

3.

Outdoor live entertainment venues.

4.

Parking garages (as a principal use).

5.

Banks and financial institutions (drive-thrus permitted).

6.

Drive-thru restaurants.

F.

Prohibited uses. The following uses are prohibited in a mixed-use development in the M.U. District regardless of whether the uses are permitted in the underlying zone:

1.

Fuel service stations.

2.

Stand-alone car washes as a principal use.

3.

Garages, service.

4.

Automotive and other vehicle sales services or repairs.

5.

Warehouses.

6.

Compartmentalized warehouse establishments, including self storage units.

7.

Sludge disposal facilities.

8.

Heavy manufacturing uses as set forth in § 256.4 of these regulations.

9.

Above ground storage of inflammable liquids and gases.

10.

Motels or motor courts.

11.

Rooming and boarding houses.

12.

Adult entertainment.

13.

Tobacco shops.

14.

Hookah lounges.

15.

Shooting ranges.

16.

Wholesale or warehouse liquor stores.

17.

Cannabis dispensaries.

G.

Residential density.

1.

The residential density of a development in the M.U. District shall be 40 residential dwelling units per acre.

2.

The residential dwelling density stated in this subparagraph does not apply to non-residential units.

3.

If a development in the M.U. District incorporates inclusionary housing, the maximum residential density may be increased by 150 percent.

4.

A development in the M.U. District that qualifies for an increase in residential density under state law may not exceed a maximum density of either the maximum permitted under state law or the maximum permitted under § 259.17.G of these regulations.

5.

If a development in the M.U. District reduces the square footage of pre-existing impervious surface on the development site at least by ten percent, the maximum residential density may be increased by 110 percent.

H.

Height regulations. Unless a greater height is permitted by the underlying zone or another assigned overlay district, the maximum height of any point on a building in the M.U. District shall be no greater than:

1.

Five stories for a building along a commercial corridor; and

2.

Eight stories for a building not along a commercial corridor.

I.

Setbacks.

1.a.

Except for the front yard, all setbacks in the M.U. District shall be governed by the underlying zone or another assigned overlay district.

b.

The front yard of a building in the M.U. District shall relate to the setbacks of adjacent buildings to establish a consistent street front.

2.

As an alternative to the setback requirements in subparagraph 1 of this paragraph, a development in the M.U. District may propose project-specific setbacks which may be approved by the hearing officer upon the recommendation of the department of permits, approvals, and inspections and specific findings by the hearing officer that the project-specific setbacks allow for greater open space, more public amenities, a higher quality of design, a better streetscape, or are otherwise more closely aligned with the purposes set forth in § 259.17.A of these regulations as compared to the setback requirements under subparagraph 1 of this paragraph.

J.

Parking requirements.

1.

Unless otherwise modified, the parking requirements for a development in the M.U. District shall be governed by § 409 of these regulations, but may be reduced:

a.

In accordance with § 409.6.b of these regulations; and

b.

By up to an additional ten percent when within one-half mile of a fixed rail transit station.

2.

A development in the M.U. District shall be permitted to share its off-street parking spaces in accordance with § 409.6.b.3 of these regulations.

3.

In no event shall the parking requirements for a mixed-use development in the M.U. District be reduced by more than 20 percent.

4.

Subject to development review, parking should be provided in parking structures and located to the rear of properties.

5.

A parking structure, if provided, should be integrated into the design of other buildings on site, rather than completely freestanding.

6.

Surface parking may be provided in small lots located to the rear of a property and on-street as parallel or angled parking spaces.

K.

Open space requirements.

1.

The minimum open space ratio for a development in the M.U. District shall be 0.2.

2.

Unless otherwise modified, indoor amenities may constitute no more than 50 percent of the minimum required open space and no more than 30 percent of the minimum required open space is permitted above the street level.

3.

Open space in the M.U. District shall be landscaped and designed to give relief and interest to the streetscape.

4.

Public open space, plazas, and parks are encouraged and should be not less than one-quarter mile apart or another walkable distance as approved by the hearing officer.

5.

Continuous pedestrian walkways should link public open spaces together from one site to another.

6.

Site-specific open space should further the following goals:

a.

Contribute to a larger plan for community and regional open space;

b.

Respond to the need to protect or restore sensitive environmental features;

c.

Manage stormwater; and

d.

Mitigate the effects of climate change.

L.

Site development plans and architectural design.

1.

A development plan for a mixed-use development in the M.U. District shall be subject to a site development plan in accordance with Section 32-4-221 of the County Code.

2.

Unless subject to specific design guidelines, a mixed-use development in the M.U. District shall provide a higher quality of design and conform to the Comprehensive Manual of Development Policies and the Landscape Development Manual.

3.

Site and architectural design shall retain and reinforce local historical, architectural, and cultural character.

4.  a.

 A mixed-use development  in the M.U.  District should be designed to achieve
   green building standards equivalent to the silver standard of either the leader-
   ship  in Energy and Environmental Design (LEED) or the National Green
   Building Standards (NGBS).

b.

When applicable, preliminary design parameters regarding LEED or NGBS silver certification shall be submitted with the development plan for a mixed-use development in the M.U. District.

5.   a.

 A mixed-use development in the  M.U. District shall be reviewed by the design
  review panel in accordance with this subparagraph.

b.

A copy of a concept plan for a mixed-use development in the M.U. District shall be transmitted by the department of permits, approvals, and inspections to the design review panel in accordance with § 32-4-214 of the County Code.

c.

The design review panel shall consult and advise upon each concept plan submitted and within 45 days of receipt of the concept plan make a preliminary recommendation to the appropriate county agencies before a development plan for a mixed-use development in the M.U. District is submitted under Article 32, Title 4, Subtitle 2, Part III of the County Code.

d.

Within ten working days after the design review panel submits a preliminary recommendation to county agencies, the department of permits, approvals, and inspections shall schedule and require the posting for a community input meeting that is in addition to the community input meeting required under § 32-4-217 of the County Code for the purpose of providing community input on the preliminary recommendation.

e.(1)

The design review panel shall review a development plan and submit a final recommendation for a mixed-use development in the M.U. District.

 (2)

The failure of the panel to make a recommendation does not prevent the plan from being processed under this section.

f.

The final recommendations of the design review panel shall be incorporated into the development plan for a mixed-use development in the M.U. District and shall be binding on the hearing officer.

M.

Signage.

1.

Unless otherwise modified, signage in the M.U. District shall be regulated according to the underlying zone or another assigned overlay district.

2.

Signage should be uniform within the context of development in the M.U. District.

3.

An integrated signage program including lettering, colors, and size, should be provided.

4.

Signage should relate to the architectural design through the use of color, form, and material.

5.

Signage should be designed for visual communications to pedestrians and slow-moving vehicular traffic.

6.

Signage projecting from a building wall toward the sidewalk should be on the first two floors of a building in the M.U. District.

N.

Circulation and transportation.

1.

Unless otherwise permitted by the underlying zone or another assigned overlay district, all internal roadways in pedestrian areas in the M.U. District shall be in conformance with the complete streets guidelines, with the exception that sidewalks should be a minimum of ten feet in width, including a continuous streetscape zone of no less than five feet.

2.

The streetscape zone may include:

a.

Street trees;

b.

Street furniture, such as benches, bike racks, trash receptacles, and transit shelters;

c.

Public art;

d.

Wayfinding signage;

e.

Lighting; and

f.

Landscaping.

3.

Bicycle and pedestrian facilities within the site and connecting to adjacent sites shall be provided in accordance with the bicycle and pedestrian master plan and applicable adopted plans.

O.

Inclusionary housing.

1.

A development in the M.U. District shall be eligible for a greater maximum residential density and reduced parking requirements, if the development includes a set-aside, encumbered by a recorded deed restriction and subject to an agreement with Baltimore County, of a percentage of the total number of residential units in the development for households with an income at or below 60 percent of the area median income for Baltimore County, Maryland.

2.

The percentage of set-aside residential units shall be based on the total number of residential units in the development as follows:

a.

20—49 total units - 10% set-aside.

b.

50 or more total units - 15% set-aside.

3.

In the event the number of set-aside units to be included in the development would render the development economically unfeasible, in lieu of meeting the set-aside unit percentages described in subparagraph 2 of this paragraph, a development in the M.U. District may enter into a written agreement with Baltimore County, encumbered by a recorded deed restriction, to set aside units in the following manner that supports, as determined by the county, the goal of providing all residents access to decent, safe and sanitary dwellings:

a.

A modified percentage, but no less than ten percent, of set-aside units; or

b.

An alternative blended eligible income threshold mix.

4.

Set-aside units under this paragraph may include:

a.

Units encumbered by a recorded deed restriction for persons of eligible income;

b.

Units with specific features intended to serve households that include persons with disabilities; and

c.

Units reserved for the purpose of providing temporary supportive housing.

5.  a.

A development in the M.U. District that receives county financial support shall
  enter into an agreement with the county to set aside units for persons of eligible
   income that supports, as  determined by the  county, the  goal of providing
  residents access to decent, safe and sanitary dwellings without overcrowding.

 b.

County financial support may include public-private partnerships, tax increment financing, payment in lieu of taxes, grants, loans, guarantees, bonds, and tax credits.

P.

Application.

1.

The provisions of this section shall govern any development in the M.U. District where an election is made to proceed in accordance with § 259.17 of these regulations. For such development, the provisions of this section shall control in the event there is a conflict between this section and other regulations. Where the provisions of this section are silent, the provisions of these regulations governing the underlying zone or another assigned overlay district shall control.

2.

Where no election has been made to proceed in accordance with § 259.17 of these regulations, nothing in this section shall preclude a development or use of a property in the M.U. District in accordance with the underlying zone or another assigned overlay district.

3.

Notwithstanding any other provision of law or these zoning regulations to the contrary, the provisions of § 259.17 of these regulations shall apply to a tract of land greater than 20 acres that is adjacent to the M.U. District, as an alternative to development in accordance with the underlying zone or another assigned overlay district, if the tract of land is: in the B.L., B.M., B.R., or M.L. Zone; under the same common ownership or control as the adjacent property in the M.U. District, or is part of the same common scheme of development as the adjacent property in the M.U. District; and, at its closest point, is no further than 500 feet from an interstate highway.

A.

Statement of legislative intent for elderly and senior housing overlay district.

1.

The elderly and senior housing (E.S.H.) District is established to provide suitable sites for housing opportunities for elderly and senior persons within certain areas of the county, while encouraging a more creative approach in the development of land for housing for the elderly and seniors, a thoughtful perspective to open space that recognizes the unique needs of the elderly and seniors, a variety in the physical development patterns of such housing, and the overall creation of an independent, self-reliant, and pleasant living experience for elderly and senior persons.

B.

Assignment of the district; uses.

1.

The E.S.H. District may be applied to any property or portion of a property in which single-family or multi-family residential uses are permitted in the underlying zone, regardless of whether it is also assigned another district.

2.

A property or portion of a property assigned the E.S.H. District shall be permitted 55 or older age-restricted dwelling units only, which may include:

A.

Multi-family housing, including apartments and assisted living facilities, or

B.

Single-family attached, duplex, group homes, and alternative site design dwellings.

3.

Community and recreational buildings and accessory buildings are permitted as accessory to the principal elderly and senior housing use, if included in an approved development plan wherein it has been deemed that the structures are beneficial to the purpose of serving and complementing the development.

C.

Special regulations for E.S.H. Districts.

1.

A property or portion of a property assigned the E.S.H. District shall:

A.

Consist of a minimum of 5 acres;

B.

Comply with the requirements of the "55 or older" housing exemption under the Housing for Older Persons Act Of 1995, Section 807(b)(2)(c) of the Fair Housing Act (42 U.S.C. 3607(B)(2)(C)), and Section 20-704(c)(1)(i) of the State Government Article of the Maryland Annotated Code, as may be amended from time to time; and

C.

Comply with all bulk, height, area, performance standards, signage, parking, and open space regulations for the underlying zone.

2.

The occupancy of dwelling units is restricted to households with at least one occupant who is 55 years of age or older; provided that in the event of the death or departure by reason of incapacity of the occupant who is 55 years of age or older, the surviving spouse or domestic partner who is at least 40 years old of such occupant may continue to live in the dwelling unit for up to 5 years from the date of the death or departure.

3.

Except as required by Paragraph C.1.A of this section and provided elsewhere in this section:

A.

No person under the age of 55 years old is permitted to occupy a dwelling unit unless such person is necessary to provide a reasonable accommodation to a handicapped resident or is a handicapped dependent of the resident.

B.

No guests, including children and grandchildren of the occupants, shall reside in a dwelling unit for more than a total of 45 days per calendar year.

4.

The E.S.H. District shall not apply to non-residential uses and shall not prohibit permitted non-residential uses in the underlying zone or another assigned district.

[Bill No. 39-24]

A.

Application.

1.

The E.P. District may be applied to a tract, which may include one or more lots under common ownership, the majority of which must be located inside the URDL, for nonresidential uses which shall designate a minimum of 60% of the tract acreage as an ECO Park Green Restoration Area.

2.

Contrary provisions of these zoning regulations notwithstanding, the regulations of this section shall apply in E.P. Districts superimposed upon the underlying zones.

B.

Definitions. The following terms in this section have the meanings indicated:

1.

"ECO Park" means the development of a tract, which may include one or more lots under common ownership, for nonresidential uses which shall designate a minimum of 60% of the tract acreage as an ECO Park Green Restoration Area.

2.

"ECO Park Green Restoration Area" means a delineated area, and includes the following restorative environmental features or green energy initiatives:

A.

Restorative environmental features, including:

1.

Wetland mitigation banks.

2.

Forest mitigation or forest conservation banks.

3.

Forest conservation easements.

4.

Forest mitigation easements.

5.

Conservation easements held by the Maryland Environmental Trust, the Land Preservation Trust, Neighborspace of Baltimore County, or a similar entity.

B.

Green energy initiatives, including:

1.

ECO Park Solar Facilities.

2.

Wind renewable energy facilities.

3.

Energy storage devices, including battery storage.

4.

Hydro-electric facilities.

5.

Thermal biomass systems.

6.

Solar water heating systems.

3.

"ECO park solar facility" means a ground-mounted and/or rooftop solar that includes a series of one or more solar collector panels or solar energy systems that are placed in an area on a tract of land for the purpose of generating photovoltaic power for commercial use and does not constitute a solar facility.

C.

Permitted uses.

1.

Nonresidential uses permitted in an ECO Park shall be those uses permitted in Sections 253.1, 253.2, 256.1, and 256.2 of these regulations.