[BCZR 1955]

[BCZR 1955]

[BCZR 1955; Resolution, November 21, 1956]

[BCZR 1955]

[BCZR 1955; Bill No. 47-1992]

[BCZR 1955; repealed by Bill No. 124-1991; re-enacted by Bill No. 214-1991]

[BCZR 1955; Resolution of 11-21-1956; Bill No. 32-2004]

[BCZR 1955; Bill Nos. 107-1963; 32-1988; 2-1992; 9-1996]

[Bill Nos. 87-1961; 19-1962]

A.

The height limitations of these regulations shall not apply to barns and silos, grain elevators or other accessory agricultural buildings, nor to church spires, belfries, cupolas, domes, radio or television aerials, drive-in theater screens, observation, transmission or radio towers, or poles, flagstaffs, chimneys, parapet walls which extend not more than four feet above the limiting height, bulkheads, water tanks and towers, elevator shafts, penthouses and similar structures, provided that any such structures shall not have a horizontal area greater than 25 percent of the roof area of the building. A satellite receiving dish is subject to the height limitations of the zone in which the dish is located. However, in residential zones, the height of an accessory satellite dish may not exceed 15 feet, unless it is located on the roof of a building.

[Bill Nos. 7-1962; 71-1987; 51-1993]

B.

Notwithstanding the provisions of Subsection 300.1.A, no appurtenances to any building in a B.L. B.M. or B.R. Zone shall exceed the heights specified in Section 231 except any flagstaff, any church spire and any pole for a radio and television aerial not exceeding 50 feet in height above the base thereof and not displaying any lettering, sign or other advertising emblem or device.

[Bill No. 7-1962]

[Bill No. 137-1962]

Buildings for religious, hospital or educational purposes may be built to a height of 50 feet in any zone in which they are permitted, or may be governed by the 45-degree angle basis for height determination as described in Section 216. ^[1]

A.

If attached to the main building, a carport or a one-story open porch, with or without a roof, may extend into any required yard not more than 25 percent of the minimum required depth of a front or rear yard or of the minimum required width of a side yard. Any carport or open porch so extended must be open on three sides.

[Bill Nos. 150-1983; 2-1992]

B.

Notwithstanding the provisions of Subsection A, open projections in the side yard are permitted in residential large tract subdivisions only in accordance with Section 504 and the standards as set forth in the Comprehensive Manual of Development Policies.

[Bill No. 2-1992]

Projections such as bay windows, chimneys, entrances, vestibules, balconies, eaves and leaders may extend into any required yard not more than four feet, provided that such projections (excepting eaves) are not over ten feet in length.

[Bill No. 56-1961]

No side and/or rear yard is required for a business or manufacturing use in that portion of any property located in a B.R., M.R., M.L.R., M.L. or M.H. Zone if such side and/or rear line abuts on a railroad right-of-way or siding, to either of which it uses rail access.

Residences hereafter erected in business and manufacturing zones shall be governed by all height and area regulations for the predominant residence zone which immediately adjoins, or by D.R.5.5 Zone ^[3]

[Resolution, November 21, 1956]

In D.R.2, D.R.3.5 and D.R.5.5 Zones ^[4] the front yard depth of any building hereafter erected shall be the average of the front yard depths of the lots immediately adjoining on each side, provided such adjoining lots are improved with principal buildings situate within 200 feet of the joint side property line, but where said immediately adjoining lots are not both so improved, then the depth of the front yard of any building hereafter erected shall be not less than the average depth of the front yards of all improved lots within 200 feet on each side thereof, provided that no dwelling shall be required to be set back more than 60 feet in D.R.2 Zones, 50 feet in D.R.3.5 Zones and 40 feet in D.R.5.5 Zones. In no case, however, shall nonresidential principal buildings have front yards of less depth than those specified therefor in the area regulations for D.R.2, D.R.3.5 and D.R.5.5 Zones respectively.

In B.L., B.M. and B.R. Zones, the front yard depth of any building hereafter erected shall be the average of the front yard depths of the lots immediately adjoining on each side, provided such adjoining lots are improved with permanent commercial buildings constructed of fire-resisting materials situate within 100 feet of the joint side property line, but where said immediately adjoining lots are not both so improved, then the depth of the front yard of any building hereafter erected shall be not less than the average depth of the front yards of all lots within 100 feet on each side thereof which are improved as described above.

[Bill Nos. 64-1999; 28-2001]

Except as provided in Section 4A03, a one-family detached or semidetached dwelling may be erected on a lot having an area or width at the building line less than that required by the area regulations contained in these regulations if:

A.

Such lot shall have been duly recorded either by deed or in a validly approved subdivision prior to March 30, 1955;

B.

All other requirements of the height and area regulations are complied with; and

C.

The owner of the lot does not own sufficient adjoining land to conform to the width and area requirements contained in these regulations.

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

A.

Any person desiring to erect a dwelling pursuant to the provisions of this section shall file with the Department of Permits, Approvals and Inspections, at the time of application for a building permit, plans sufficient to allow the Department of Planning to prepare the guidelines provided in Subsection B below. Elevation drawings may be required in addition to plans and drawings otherwise required to be submitted as part of the application for a building permit. Photographs representative of the neighborhood where the lot or tract is situated may be required by the Department of Planning in order to determine appropriateness of the proposed new building in relation to existing structures in the neighborhood.

B.

At the time of application for the building permit, as provided above, the Director of Permits, Approvals and Inspections shall request comments from the Director of the Department of Planning (the "Director"). Within 15 days of receipt of a request from the Director of Permits, Approvals and Inspections, the Director shall provide to the Department of Permits, Approvals and Inspections written recommendations concerning the application with regard to the following:

1.

Site design. New buildings shall be appropriate in the context of the neighborhood in which they are proposed to be located. Appropriateness shall be evaluated on the basis of new building size, lot coverage, building orientation and location on the lot or tract.

2.

Architectural design. Appropriateness shall be evaluated based upon one or more of these architectural design elements or aspects:

a.

Height.

b.

Bulk or massing.

c.

Major divisions, or architectural rhythm, of facades.

d.

Proportions of openings such as windows and doors in relation to walls.

e.

Roof design and treatment.

f.

Materials and colors, and other aspects of facade texture or appearance.

3.

Design amendments. The Director may recommend approval, disapproval or modification of the building permit to conform with the recommendations proposed by the Department of Planning.

[Bill No. 122-2010]

Upon application for a building permit pursuant to this section, the subject property shall be posted conspicuously, under the direction of the Department of Permits, Approvals and Inspections, with notice of the application for a period of at least 15 days.

[Bill No. 122-2010]

Within the 15-day posting period: (1) Any owner or occupant within 1,000 feet of the lot may file a written request for a public hearing with the Department of Permits, Approvals and Inspections, or (2) the Director of Permits, Approvals and Inspections may require a public hearing. The Department of Permits, Approvals and Inspections shall notify the applicant within 20 days of the receipt of a request for a public hearing. A hearing before the Zoning Commissioner shall be scheduled within 30 days from receipt of the request for public hearing. At the public hearing, the Zoning Commissioner shall make a determination whether the proposed dwelling is appropriate.

[Bill No. 122-2010]

A.

The Director of Permits, Approvals and Inspections may issue the building permit; or

B.

Notwithstanding any provision to the contrary, the Director of Permits, Approvals and Inspections may require a public hearing before the Zoning Commissioner pursuant to Section 304.4 above; or

C.

If the Department of Permits, Approvals and Inspections has not notified the applicant of a determination pursuant to the provisions of this section, or has not notified the applicant pursuant to Section 304.4 above of the intention to require a public hearing, the dwelling shall be considered appropriate for purposes of this section.

[Bill No. 122-2010]

The decision of the Zoning Commissioner or the Director of Permits, Approvals and Inspections may be appealed, in which case the hearing shall be scheduled by the Board of Appeals within 45 days from receipt of the request.

[Bill No. 122-2010]

The Director of Permits, Approvals and Inspections shall establish appropriate fee schedules.

In case of complete or partial casualty loss by fire, windstorm, flood or otherwise of an existing dwelling that does not comply with height or area requirements of the zone in which it is located, such dwelling may be restored, provided area or height deficiencies of the dwelling before the casualty are not increased in any respect, and such restoration is subject to the limitations imposed by Section 104.2 of the Baltimore County Zoning Regulations.

Minimum lot area regulations in any zone shall not apply to:

A.

Repeater, booster or transformer stations;

B.

Bus shelters, Class A or B; or

C.

Small community dial offices.

The Zoning Commissioner of Baltimore County and the County Board of Appeals, upon appeal, shall have and they are hereby given the power to grant variances from height and area regulations, from off-street parking regulations, and from sign regulations only in cases where special circumstances or conditions exist that are peculiar to the land or structure which is the subject of the variance request and where strict compliance with the Zoning Regulations for Baltimore County would result in practical difficulty or unreasonable hardship. No increase in residential density beyond that otherwise allowable by the Zoning Regulations shall be permitted as a result of any such grant of a variance from height or area regulations. Furthermore, any such variance shall be granted only if in strict harmony with the spirit and intent of said height, area, off-street parking or sign regulations, and only in such manner as to grant relief without injury to public health, safety and general welfare. They shall have no power to grant any other variances. Before granting any variance, the Zoning Commissioner shall require public notice to be given and shall hold a public hearing upon any application for a variance in the same manner as in the case of a petition for reclassification. ^[5]

Radiation fallout shelters may be erected and constructed in accordance with specifications published by the Office of Civil and Defense Mobilization of the United States Government for one of the shelter types or designs approved by said agency as being effective for affording protection from radiation fallout, and the Zoning Commissioner may grant variances from area and height regulations and may make special exceptions to the Zoning Regulations where strict compliance with those regulations would result in practical difficulty or unreasonable hardship, and where the owner of the lot does not own sufficient adjoining land to conform strictly to the width and area requirements. However, any such variance or special exception shall be granted by the Zoning Commissioner only if in harmony with the general purpose and intent of the Zoning Regulations. All decisions of the Zoning Commissioner with respect to such matters shall be subject to appeal to the Board of Appeals. Every radiation fallout shelter which may be erected and constructed under this section shall be used only for the purpose of protection from radiation fallout, and not for normal residential, commercial or industrial uses.