[Bill Nos. 40-1967; 18-1976]

[Bill No. 18-1976]

[BCZR 1955; Bill No. 27-1963]

[BCZR 1955; Bill No. 76-2021]

[BCZR 1955]

[Bill No. 31-1978]

[Bill Nos. 32-1978; 31-1984]

[Bill No. 6-2008]

[BCZR 1955; Bill No. 32-1988]

[BCZR 1955; Bill Nos. 85-1967; 41-1992]

[Bill No. 172-1993^[13]]

[Bill No. 43-1969]

Damaged or disabled motor vehicles may be stored on the premises of any conforming service garage or nonconforming use service garage, provided that any outdoor storage of such motor vehicles shall be subject to the following requirements:

[BCZR 1955; Bill No. 26-1988]

[Bill Nos. 62-1978; 31-1984; 26-1988]

[Bill No. 117-1992]

[BCZR 1955]

[Bill No. 122-2005]

[Bill No. 124-1993]

[Bill Nos. 26-1988; 36-1988]

[Bill No. 18-1976 ^[22]]

[Bill No. 18-1976]

[BCZR 1955]

For public utility uses permitted only by special exception in addition to the provisions of Section 502, the following regulations shall apply.

[Bill Nos. 97-1987^[24]; 28-1997]

[Bill No. 46-1982]

[BCZR 1955; Bill Nos. 33-2000; 27-2015]

[Bill Nos. 109-1964^[27]; 122-02010; 27-2015]

[Bill Nos. 29-1974; 54-1993]

[Bill Nos. 154-1982; 43-2017; 3-2020^[28]]

[Bill No. 133-1958]

[Bill No. 64-1963]

[Bill No. 172-1993^[33]]

[Bill No. 85-1967]

[Bill Nos. 85-1967; 87-2001^[36]]

[Bill Nos. 29-1982; 66-1983]

[Bill Nos. 29-1982; 29-1983; 66-1983]

[Bill Nos. 47-1985; 66-1985; 200-1990]

Family child-care homes, group child-care centers and nursery schools are permitted in all zones in accordance with this section. If a conflict arises between this section and other specific provisions of these Zoning Regulations, this section shall govern.

[Bill No. 66-1983]

[Bill No. 30-1998^[38]]

[Bill No. 30-1998]

[Bill Nos. 111-1986; 137-2004; 65-2005^[39]]

[Bill No. 135-1986]

[Bill No. 71-1987]

[Bill No. 130-2005^[40]]

[Bill No. 120-2004^[44]]

[Bill No. 70-1988]

[Bill Nos. 19-2004^[46]; 32-2006]

[Bill No. 100-2018]

A.

Location. A bed-and-breakfast inn is permitted in a single-family detached dwelling in a D.R. or R.C. Zone, subject to the following:

1.

No more than six bedrooms are permitted for guests.

2.

A minimum five-acre tract with frontage on an arterial or collector street is required if located in an R.C. Zone.

B.

Accessory structures. New or existing accessory structures are permitted. However, accessory structures shall be architecturally compatible by renovation with the principal structure. New accessory structures shall comply with Section 400 of these regulations and any other regulations for such structures set forth in the zone in which a bed-and-breakfast is located.

C.

Log. The owner or manager of a bed-and-breakfast inn shall maintain a reservation book or a registration log. The book or log shall show the arrival and departure dates of all guests and shall be open for inspection by a zoning compliance officer.

D.

Standards. A bed-and-breakfast inn is subject to the following requirements and restrictions:

1.

The building in which the inn is located shall meet the minimum requirements for residential structures in the zone.

2.

The building shall have a minimum of two exits.

3.

Each bedroom used for the bed-and-breakfast operation shall have a minimum of 100 square feet for two occupants and a minimum of 160 square feet for a family of two adults and two children.

4.

The building in which the inn is located shall comply with the Fire Prevention Code of Baltimore County for lodging or rooming houses.

5.

Bed-and-breakfast bedrooms may not be located in basements or other below ground areas.

6.

Bed-and-breakfast bedrooms may not contain cooking facilities.

7.

A bed-and-breakfast inn shall comply with all state and county food service rules.

8.

The owner or manager of the bed-and-breakfast inn shall reside within 250 feet of any property line of the bed-and-breakfast inn. If not residing on the premises, the owner or manager shall provide adequate staff at the bed-and-breakfast inn at all times that the owner or manager is not present on the premises.

9.

Off-street parking spaces shall be provided according to the requirements of Section 409.6.A.1 for a bed-and-breakfast inn and shall, to the extent possible, be located in the side or rear yard of the property and landscaped according to the Baltimore County Landscape Manual.

10.

Signage is limited to wall mounted or free-standing and may not exceed 25 square feet. Changeable copy signs are not permitted.

E.

Permit. Upon application to the department of permits, approvals and inspections, the director may issue a use permit for a bed-and-breakfast inn under the following procedure:

1.

Upon application, the applicant shall provide the following information:

a.

The maximum number of persons expected as guests on the property.

b.

A site plan indicating the location, type and size of structure for the bed-and-breakfast inn, the location and size of accessory structures, and the proximity of dwellings on adjacent lots.

c.

The location of required off-street parking spaces.

d.

A floor plan indicating the number of bedrooms and bathrooms.

e.

Such other information as the director may require.

2.

Notice and hearing.

a.

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

b.

Within the 30-day posting period, any interested person may file a formal request for a public hearing before the Administrative Law Judge in accordance with Section 500.7.

c.

If a formal request for a public hearing is not filed, the Director, without a public hearing, may grant a use permit for a bed-and-breakfast inn if the proposed use meets the requirements of this section and Section 502.1. The use permit may be issued with such conditions or restrictions as determined appropriate by the Director to satisfy the provisions of this section and Section 502.1 and to ensure that the bed-and-breakfast inn will not be detrimental to the health, safety or general welfare of the surrounding community.

d.

If a formal request for a public hearing is filed, the Director shall schedule a date for the public hearing before the Administrative Law Judge, such hearing to be held not less than 21 days and not more than 90 days from the date of filing of the request for public hearing.

e.

Following the public hearing, the Administrative Law Judge may either deny or grant a use permit conditioned upon:

(1)

Findings following the public hearing.

(2)

The character of the surrounding community and the anticipated impact of the proposed use on that community.

(3)

The manner in which the requirements of this section and Section 502.1 and other applicable requirements are met and any additional requirements as deemed necessary by the Administrative Law Judge in order to ensure that the use will not be detrimental to the health, safety or general welfare of the surrounding community and as are deemed necessary to satisfy the objectives of this section and Section 502.1 of these regulations.

f.

If a formal request for a public hearing is not filed and notwithstanding any provision herein to the contrary, the Director may, at his or her discretion, require a public hearing wherein the applicant shall be required to satisfy the burden of proof required for such use to be granted.

g.

Notwithstanding the provisions of Section 1B01.1B, the Director, or the Administrative Law Judge if a hearing is requested, or the County Board of Appeals upon appeal, may modify Section 1B01.1.B.1.b as it pertains to such use in D.R. Zones.

3.

Renewal of use permit.

a.

Upon approval of the initial use permit, the applicant, owner or operator of the property or premises at issue shall be required to renew the use permit annually, to be dated from the month of the initial approval. If conditions or other information submitted to the Director for the initial use permit have not materially changed since the initial approval, such renewal shall not be subject to the requirements above.

b.

If the applicant, owner or operator seeks to make alterations or improvements to the property or premises at issue that vary materially from the initial approval, in addition to any variance or other approvals that may be required, the renewal shall be subject to the initial use permit requirements.

4.

Suspension or revocation of use permit.

a.

The Director may suspend, revoke or refuse to renew the use permit for the following reasons:

(1)

The applicant has made any false or misleading statement in any application or other document required to be filed under this section.

(2)

The applicant has failed to comply with the Livability Code; the applicable Zoning Regulations; or the Noise, Litter, Fire, Health or Sanitation Ordinances of Baltimore County.

(3)

The applicant has failed to comply with the terms and conditions of the initial approval.

5.

Entry on to property or premises. The applicant, as a condition precedent to the approval of the initial use permit, shall be required to permit the County to enter and inspect the premises upon 24-hour notice to the applicant, owner, or operator of the property or premises.

6.

Appeal. Appeals from any decision or order of the Director or Administrative Law Judge may be taken to the Board of Appeals in accordance with Section 32-3-401 of the Baltimore County Code.

[Bill No. 91-1990]

Public transportation facilities are essential to alleviate traffic congestion, increase labor force accessibility, promote air quality and the efficient use of resources.

[Bill No. 57-1990]

Commercial film production, as defined in Section 101, is a permitted use in all zones, provided that all county laws, ordinances and regulations are complied with, as determined by the Administrative Officer.

[Bill No. 112-1995^[49]]

[Bill No. 36-2000]

[Bill No. 59-22]

[Bill No. 98-23]

[Bill No. 61-2021]

[Bill No. 58-22]

[Bill No. 54-24]

Editor's note— Bill No. 54-24, adopted August 8, 2024, set out provisions intended for use as § 440. Inasmuch as there were already provisions so designated, said section has been codified herein as § 443 at the discretion of the editor.

[Bill No. 48-2019]

[Bill No. 32-2004]

[Bill No. 7-2008]

[Bill No. 60-2011]

[Bill No. 99-24^[52]]

[Bill Nos. 44-2019; 18-2021^[53]]

[Bill No. 89-1997]

Baltimore County

PERMANENT SIGNS

[Bill No.22-23]

TEMPORARY SIGNS

[Bill Nos. 97-1998; 117-2003; 139-2006; 3-2007; 53-2007; 60-2008; 106-2008; 71-2009; 72-2009; 59-2010; 65-2011; 74-2011; 47-2012; 25-2013; 71-2013; 21-2014; 44-2014; 16-2015; 25-2015; 36-2015; 49-2016; 34-2017; 55-2018; 68-2020; 110-2021]

TEMPORARY SIGNS

[Bill No. 97-1998]

Certain uses, whether permitted as of right or by special exception, have singular, individual characteristics which make it necessary, in the public interest, to specify regulations in greater detail than would be feasible in the individual use regulations for each or any of the zones or districts. This article, therefore, provides such regulations.

[Bill No. 60-2011]

The provisions of this article apply only to principal uses except as otherwise specified (as in Item 405.4.D.7 and Section 447) or unless the provision implicitly relates to accessory usage (as in Section 405A).

Accessory buildings in residence zones, other than farm buildings (Section 404) shall be located only in the rear yard and shall occupy not more than 40 percent thereof. On corner lots they shall be located only in the third of the lot farthest removed from any street and shall occupy not more than 50 percent of such third. In no case shall they be located less than 2½ feet from any side or rear lot lines, except that two private garages may be built with a common party wall straddling a side interior property line if all other requirements are met. The limitations imposed by this section shall not apply to a structure which is attached to the principal building by a covered passageway or which has one wall or part of one wall in common with it. Such structure shall be considered part of the principal building and shall be subject to the yard requirements for such a building.

[Bill No. 2-1992]

Accessory buildings, including parking pads, shall be set back not less than 15 feet from the center line of any alley on which the lot abuts.

The height of accessory buildings, except as noted in Section 300, shall not exceed 15 feet.

[Bill No. 49-2011 ^[1]]

An accessory apartment is permitted as a temporary use within a principal single-family detached dwelling or within an accessory building situated on the same owner-occupied lot as the principal dwelling in any zone that permits single-family dwellings, subject to the following requirements:

A.

If located within an existing single-family detached dwelling:

1.

An applicant shall file with the Department of Permits, Approvals and Inspections an application for a use permit for an accessory apartment, on a form approved by the Department. With the application, the applicant shall submit a declaration of understanding, on a form approved by the Department, including but not necessarily limited to the following terms and conditions:

a.

The size of the accessory apartment may not exceed one-third of the overall floor area of the dwelling or 2,000 square feet, whichever is less;

b.

Any and all improvements to be dedicated as an accessory apartment shall be used solely as a single-family residence; and

c.

The accessory apartment may not have separate utility meters, such as gas and electric service.

2.

The Director may approve the application upon a finding that the size, location, and purpose of the accessory structure will not negatively affect the health, safety, or general welfare of the surrounding community.

B.

If located within an accessory building on the same owner-occupied property as the principal single-family detached dwelling:

1.

An applicant shall file a request for a special hearing and a use permit with the Department, together with a declaration of understanding as required by Subsection A1 of this section, and a public hearing before the Office of Administrative Hearings is required.

2.

The size of the accessory apartment may not exceed:

a.

1,200 square feet if located on a lot one acre or greater;

b.

800 square feet if located on a lot less than one acre, and

c.

The accessory building shall comoply with the requirements of Section 400.

3.

Following a public hearing, the Office of Administrative Hearings may grant a request upon a finding that the size, location, and purpose of the accessory apartment conform with Section 502.1 and may impose such conditions, restrictions or regulations consistent with Section 502.2 as may be deemed necessary or advisable for the protection of surrounding and neighboring properties, including the express prohibition that the accessory apartment not be converted to a second dwelling beyond the scope of this section.

4.

The accessory apartment may not have separate utility meters or water and sewerage services unless approved by the Office of Administrative hearings based on specific findings of necessity for the accessory building.

C.

Approval; renewal.

1.

Approval. The approval of an application for a use permit in Subsection A or a request for a special hearing and a use permit in Subsection B shall be subject to the following:

a.

The declaration of understanding and property description, including any conditions, restrictions, or regulations imposed by the Department or the Office of Administrative Hearings, shall be recorded in the land records of Baltimore County and a copy shall be filed with the Department; and

b.

The accessory apartment shall only be utilized by immediate family members as defined in Section 101 and may not be used by any person other than an immediate family member for any other reason.

c.

If the accessory apartment is no longer occupied by any person named in the use permit or if the property is sold, the use permit shall terminate, and any proposed changes in occupancy to the accessory apartment by the property owner or subsequent purchaser shall require a new request for a use permit as applicable under Subsection A or B.

2.

Renewal. The applicant shall renew the use permit with the Department every two years by filing a renewal on a form approved by the Department, to be dated from the month of the initial approval, and shall list the name of any person occupying the accessory apartment.

D.

Within 60 days of the end of each fiscal year, the department of permits, approvals, and inspections shall submit a report to the county council and county executive that includes:

1.

The number of new applications for accessory apartments submitted during the previous fiscal year, organized by whether the application is for an interior or detached accessory apartment;

2.

The approximate location by council district and zip code and proposed square footage of each new accessory apartment for which an application is submitted;

3.

The category of familial relation and whether the accessory apartment will be provided with or without monetary rental compensation;

4.

The number of special hearings for detached accessory apartments that occurred during the previous fiscal year and the result of each hearing;

5.

If a building permit is issued for an accessory apartment during the previous fiscal year, the date the initial application was received and any substantial differences between the initial application and the final approved permit; and

6.

The number of applications for renewal of a use permit approved during the previous fiscal year, whether there was a substantial change from the initial approval, and the approximate location by council district and zip code of the accessory apartment for which the use permit renewal was approved.

[Bill No. 7-23]

The Zoning Commissioner or the Board of Appeals, on appeal, may require a minimum setback from any property line for any building, structure, grave or place of temporary or permanent burial, and may require such walls, fences and/or planting of shrubbery, trees or vines as may be reasonable and proper to afford adequate screening.

[Bill Nos. 6-2015, 76-2021^[3]]

A natural burial ground is permitted subject to the following conditions:

A.

A natural burial ground shall be designed, operated, and maintained in a manner that produces a natural appearance, by using plants and materials native to the region and landscape patterns derived from and compatible with regional ecosystems.

B.

A natural burial ground shall be located on a minimum tract of 150 acres in single ownership.

C.

Memorial grave markers may not be raised above the ground. Markers shall consist of natural and native materials that will not impede the natural landscape.

D.

The maximum overall density shall be 500 burials per acre. In certain areas where burial may not occur due to sensitive area analysis, burial density may be transferred to a less restricted area in which burial density shall not exceed 600 burials per acre.

E.

A natural burial ground shall comply with all requirements of state law, including the registration requirements of Title 5, Subtitle 3 of the Business Regulation Article of the Annotated Code of Maryland.

F.

The owner of a natural burial ground shall record in the Land Records of Baltimore County a record plat of the boundaries of the areas to be used for burial as approved by the Department of Permits, Approvals and Inspections and the Department of Environmental Protection and Sustainability.

G.

The owner of land on which a natural burial ground is to be located shall, at the time of application for the special exception, submit to the Department of Environmental Protection and Sustainability a hydrogeologic study completed by a professional hydrogeologist, or similarly qualified consultant, that includes the following:

1.

A scaled site plan showing the proposed location of the areas to be used for burial, property boundaries, topography, water bodies, USDA soil type, existing and proposed wells and septic systems on and within 200 feet of the property line, and existing and proposed structures on and within 200 feet of the property line;

2.

A determination of the depth to bedrock and depth and flow direction of groundwater beneath the area proposed as burial ground;

3.

An assessment of proposed burial practices regarding the potential impacts of buried remains on groundwater quality, surface water quality, and domestic water supplies in relation to human health and the environment; and

4.

Recommendations as to the appropriate number, and the location and placement, of burial sites on the land based on the findings in Paragraphs G.1, 2, and 3.

H.

The Director of the Department of Environmental Protection and Sustainability shall adopt regulations to administer and enforce the provisions of this section including, but not limited to, consideration of potential impacts to human health and the environment related to natural burial grounds.

[Bill No. 76-2021]

A conservation burial ground is permitted and shall comply with Section 401.2 of these regulations, and shall also be subject to the following conditions which shall control if different than as set forth in Section 401.2:

A.

The land on which a conservation burial ground is located shall be subject to a permanent conservation easement with a qualified land trust.

B.

A conservation burial ground shall be located on a minimum tract of 60 acres.

C.

Buildings or structures on the property are subject to the conservation easement limitations.

D.

Fences are not permitted, except in connection with an agricultural use.

E.

The maximum overall density shall be 100 burials per acre.

F.

The owner of a conservation burial ground shall record in the Land Records of Baltimore County a record plat of the boundaries of the areas to be used for burial as approved by the Department of Permits, Approvals and Inspections and the Department of Environmental Protection and Sustainability. The record plat shall depict the existence of the conservation easement that complies with the requirements of Section 14-121 of the real property article of the Annotated Code of Maryland.

For residential use:

A.

The converted dwelling must be located on a lot that will meet the dimensional requirements shown in the schedule which follows.

B.

Separate cooking facilities and a separate bathroom shall be provided for each family unit.

For tearoom or restaurant use: To be converted for tearoom or restaurant use in a D.R.1 or D.R.2 Zone ^[4] as a special exception, the following requirements must be met:

A.

Meals may be served only at tables, indoors or on an outdoor terrace, and not to persons remaining in cars. ^[5]

B.

The minimum lot size shall be one acre.

C.

Signs are permitted, subject to Section 450;

[Bill No. 89-1997]

D.

Service shall be provided only at mealtimes. ^[6]

[Bill No. 20-23]

A.

For purposes of this subsection, an "event" shall refer to any rental of the property which is attended by at least 75 guests. The use of the property solely for agricultural education activities shall not be considered an "event" under this subsection.

B.

A catering hall converted to such use from a dwelling located in an R.C.2 zone and within the Hanover Pike Corridor Study Area is subject to the following requirements so long as a catering hall is operating on the property:

1.

General restrictions.

a.

The number of events on the property shall not exceed 150 per calendar year.

b.

No more than 300 guests may attend any event held at the property.

c.

Sound levels for events may not exceed the maximum allowable noise levels ("DBA") for commercial uses set forth in Comar Section 26.02.03.02.

d.

The property must be vacated by guests after an event.

e.

All solid sewage and waste generated by an event must be removed from the property.

2.

Event timing.

a.

The property may only be rented for events on Fridays, Saturdays and Sundays.

b.

Events shall end on Fridays and Saturdays by 11:00 p.m. and on Sunday by 8:00 p.m.

c.

There shall be no more than two events held at the property on any given day, only one event may be held at a time, and if there are two events held on the same day, there must be two hours between the end of the first event and the beginning of the second event.

d.

Events may not begin before noon on a Saturday when a flea market within five miles of the property is taking place.

3.

Parking, lighting, and construction.

a.

There shall be no parking along Hanover Pike of vehicles associated with an event.

b.

Any temporary lighting used for an event shall be turned off no later than 30 minutes after the end of the event.

c.

At least 80 percent of the property shall remain pervious and access drives which are not paved shall be considered pervious.

d.

Any additional building or barn constructed on the property shall be no greater in size than 12,000 square feet as measured on the ground floor.

4.

Alcoholic beverages.

a.

Alcohol service for Friday and Saturday evening events shall end at 10:00 p.m.

b.

No event may be held which is open to the public and involves ticket sales for alcohol tastings.

c.

No event may include package alcohol sales.

d.

The property may not be used as a brewery, distillery, or winery.

A.

Restrictions on converted builder show houses. a dwelling in a D.R. Zone that is converted into a converted builder show house is subject to the following restrictions.

1.

The minimum lot size is one acre.

2.

The parking of a truck that exceeds a gross vehicle weight of 16,000 pounds is not permitted.

3.

A converted builder show house may only be open from 7:00 a.m. to 7:00 p.m.

4.

The Baltimore County landscape architect shall review and approve a photometric lighting plan for compliance with applicable laws and regulations prior to issuance of a use and occupancy permit for a converted builder show house.

5.

Individual lighting fixtures within parking areas shall:

A.

Only consist of down-light bollard-style fixtures;

B.

Not exceed 5 feet in height;

C.

Not exceed 2,000 lumens; and

D.

Not operate from 8:00 p.m. to 7:00 a.m.

[Bill No. 81-24]

An antique shop may be allowed, by special exception, in an R.C.2, R.C.4, R.C.5, D.R.1 or D.R.2 Zone only outside the urban-rural demarcation line and only on a lot no smaller than one acre; in a D.R.16 Zone, an antique shop is allowable only in a building originally constructed as a one-family dwelling that is situated on a lot with frontage on a Class I or Class II commercial motorway or in a historic district so designated by the National Register of Historic Places or the final landmarks list of the Baltimore County Landmarks Preservation Commission.

No display or storage of merchandise shall be visible from any public street.

[Bill No. 89-1997]

Signs are permitted, subject to Section 450.

A residential art salon may be allowed, by special exception, in an R.C.2, R.C.5, D.R.1 or D.R.2 Zone only outside the urban-rural demarcation line and only on a lot no smaller than one acre; in a D.R.16 Zone, a residential art salon is allowable only in a building originally constructed as a one-family dwelling that is situated in a historic district so designated by the National Register of Historic Places or the final landmarks list of the Baltimore County Landmarks Preservation Commission or on a lot with frontage on a Class I or Class II commercial motorway.

No display or storage of merchandise shall be visible from any public street.

[Bill No. 89-1997]

Signs are permitted, subject to Section 450.

Off-street parking spaces shall be provided in accordance with Section 409, except that, irrespective of any conflicting provisions of Section 409, off-street parking shall be provided for at least ten cars in an R.C.2, R.C.5, D.R.1 or D.R.2 Zone and for at least five cars in a D.R.3.5 or D.R.5.5 Zone, and none need be provided in a D.R.16 Zone. All off-street parking spaces shall be screened in accordance with the Baltimore County Landscape Manual standards and criteria for commercial, office and industrial development.

Hours of operation shall be not earlier than 10:00 a.m. and not later than 10:00 p.m. daily, or such shorter hours as the Zoning Commissioner may prescribe.

A museum is permitted by right in any R.C. Zone in accordance with this section. If a conflict arises between this section and other specific provisions of these Zoning Regulations, this section shall govern.

A.

The property on which a museum is to be located must be 200 acres or more and may have any combination of R.C. Zoning.

B.

A museum includes any offices or other space necessary to conduct activities that are within the scope of the definition of museum and may include a caretaker or curator quarters, either within the museum itself or in a separate house. Additionally, a museum may include accessory uses for the accommodation of its patrons on the premises during museum hours, provided the area of all such accessory uses occupies no more than 15 percent of the total square footage of the existing buildings.

C.

Buildings used for museum purposes may be built to a maximum height of 50 feet.

D.

The remainder of the property, outside of the envelope for the museum use, shall be used for farm or commercial agricultural uses, including accessory uses or structures such as tenant houses, or for open space uses.

E.

A museum may include the outdoor display of sculpture or other artwork.

F.

Notwithstanding the provisions of Section 450, a museum is permitted one monument sign with a surface area of no more than 25 square feet per side and a maximum height of six feet. The sign shall be integrated with the landscaping, and the location shall be approved by the Director of the Department of Planning. The sign will not be internally illuminated.

[Bill No. 55-2011]

G.

A museum shall provide at least 25 but not more than 65 off-street parking spaces. All off-street parking spaces shall be screened in accordance with the Baltimore County Landscape Manual.

H.

A museum shall be open to the public no earlier than 10:00 a.m. and no later than 6:00 p.m. a maximum of six days per week. The total number of patrons permitted in the museum at any one time shall be limited to 125.

[Bill No. 9-1996 ^[8]]

Applications for special exceptions hereunder, accompanied by four sets of detailed plans, ^[9] showing proposed use of land during excavation and grading plans after excavation, shall be directed to the Zoning Commissioner. Any special exception granted hereunder may include the right to erect and operate buildings, machinery and equipment for a temporary period consistent with other provisions of the order of the Zoning Commissioner or the County Board of Appeals on appeal. All pertinent requirements of the Baltimore County Health Department regulations and the Baltimore County Building Code shall be incorporated by the Zoning Commissioner and the Board of Appeals on appeal in approving any application hereunder.

Limited acreage wholesale flower farms, horticultural nurseries and landscape service operations are subject to the following requirements:

A.

Internal roadways shall be located at least 25 feet from any property line other than a street right-of-way line.

B.

Controlled-environment structures and accessory structures shall be located at least 50 feet from any property line, except that for a property with a minimum of ten acres and a mix of resource conservation and density residential zoning where the structures abut a private right-of-way, the setback shall be 25 feet, including any right-of-way line.

[Bill No. 8-2016]

C.

The loading or unloading of vehicles for the purpose of shipping and receiving goods shall take place at least 100 feet from any property line adjacent to a residentially zoned or used property and shall be screened with plantings that provide a year-round visual screen upon maturity. If the loading activities are carried on within a fully enclosed structure, such activities may take place up to 50 feet from any property line.

D.

Signs are permitted, subject to Section 450.

E.

Notwithstanding Sections 1A01.3, 1A02.3, 1A03.4, 1A04.3 and 102.2, internal setbacks between controlled-environment structures shall be at least five feet, except that a fire lane of 20 feet minimum width shall be provided after every three structures.

[Bill No. 89-1997]

F.

For limited acreage flower farms and horticultural nurseries, the sales area for plants and trees coming onto the property in balls, containers or in any other manner for the purpose of immediate sale may not exceed ten percent of the gross area of the site or a maximum of five acres, whichever is less. For the purpose of this section, "immediate sale" means plants which have been grown off site and which, when transported to a site, are available for sale without further processing.

[Bill No. 89-1997]

A horticultural nursery is subject to the following regulations:

A.

The storage and display area of materials used for landscaping purposes and agriculturally related products necessary for maintaining the health of nursery stock may not exceed ten percent of the nursery or a maximum of one acre, whichever is less, and shall be screened as specified in Section 404.1C. Related products include but are not limited to railroad ties, decorative stones, mulch and fertilizers.

B.

Horticultural nurseries require special exception approval in R.C.2, R.C.3, R.C.4 and R.C.5 Zones and shall meet the requirements outlined in Section 502.1 of these regulations. In addition to these requirements, horticultural nurseries are subject to the following standards:

1.

Landscape services must be accessory to the production of nursery stock. The number of pieces and type of landscaping equipment shall be limited by the Zoning Commissioner according to site constraints and compatibility with surrounding uses.

2.

The location of vehicle parking, equipment and material storage shall be compatible with the surrounding uses and shall be screened from residentially used or zoned properties as specified in Section 404.1.C.

A landscape service operation is subject to the following regulations:

A.

The outdoor storage area of materials used for landscaping purposes, including but not limited to, tools, drainage pipes, railroad ties, decorative stones, mulch and fertilizers shall be compatible with surrounding uses and screened from residentially zoned or used properties as specified in Section 404.1C.

B.

A landscape service operation may plant horticultural materials on-site. However, such plants may only be sold as an integral part of a landscape design, and may not be sold to the retail customer.

C.

Landscape service operations require a special exception approval in R.C.2, R.C.3 and R.C.4 and R.C.6 Zones and shall meet the requirements outlined in Section 502.1 of these regulations. In addition to these requirements, a landscape service operation is subject to the following standards:

[Bill No. 73-2000]

1.

The site shall be of sufficient size and properly designed to insure protection of existing neighboring dwellings from noise, dust, glare and other nuisance factors.

2.

Location of the vehicle parking and equipment storage area shall be compatible with surrounding uses and shall be screened from residentially zoned or used properties as specified in Section 404.1.C.

Agricultural roadside businesses are permitted, subject to the following requirements:

A.

Setbacks. A farm market and a farmer's roadside stand shall be set back at least 35 feet from the nearest edge of the street pavement. A produce stand shall be located in such a manner that convenient ingress, egress and adequate parking are provided.

B.

Signage. Signs are permitted, subject to Section 450.

[Bill No. 89-1997]

C.

A farmer's roadside stand is permitted as of right with a use permit in R.C.2, R.C.3, R.C.4 and R.C.5 Zones subject to the following conditions:

1.

The stand shall be located on a farm.

2.

The owner shall be an agricultural producer.

3.

At least 50 percent of the produce sold annually shall be grown on the premises where the stand is located or on adjacent farms or on other property farmed by the applicant.

a.

In the event of crop failure due to drought, insect damage, disease or other causes beyond the control of the producer, as determined by the Agricultural Land Preservation Advisory Board, the 50 percent minimum may be decreased by the Zoning Commissioner to an amount commensurate with the degree of crop failure.

b.

In the enforcement of 404.4C.2, the Zoning Commissioner shall make the determination upon the recommendation of the Agricultural Land Preservation Advisory Board.

4.

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 dwellings on adjacent lots.

5.

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.

6.

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 farmer's roadside stand 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 farmer's roadside stand is not detrimental to the health, safety or general welfare of the surrounding community.

7.

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 requests for public hearing.

8.

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 farmer's roadside stand is not detrimental to the health, safety or general welfare of the surrounding community and which are deemed necessary to satisfy the objectives of Section 502.1 of these regulations.

D.

Farm market: special exception standards. A farm market is subject to a special exception approval in R.C.2, R.C.3, R.C.4, R.C.20 and R.C.50 Zones and shall meet the standards outlined in Section 502.1 of these regulations. In addition to these requirements, a farm market is subject to the following requirements:

1.

The owner shall be an agricultural producer.

2.

At least 50 percent of the produce sold annually shall be grown by the owner of the farm market and no more than ten percent of the annual sales shall be locally produced nonagricultural goods.

a.

In the event of a crop failure due to drought, insect damage, disease or other causes beyond the control of the producer as determined by the Agricultural Land Preservation Advisory Board, the 50 percent minimum may be decreased by the Zoning Commissioner to a degree commensurate with the degree of crop failure.

b.

In the enforcement of 404.4.D.2, the Zoning Commissioner shall make the determinations in consultation with the Agricultural Land Preservation Advisory Board.

3.

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 dwellings on adjacent lots.

[Bill No. 73-22]

A.

An on-farm composting facility is permitted by right as an accessory agricultural use in the R.C.2, R.C.3, R.C.4, R.C.6, R.C.7, And R.C.8 zones subject to compliance with § 9-1725 of the environmental article of the Annotated Code of Maryland and the applicable regulations set forth in COMAR 26.04.11.

B.1.

A compost pile may be stored in appropriate containers, including a shipping freight container or truck trailer, on the farm where the composting facility is located.

2.

The parking or storing of a shipping freight container, tractor trailer, or truck trailer on a farm for the sole purpose of housing a compost pile or storing compost does not constitute a trucking facility, truck stop, or a garage.

Commercial reduction of inedible animal or vegetable matter and commercial slaughtering, except killing of poultry produced on the premises, are prohibited.

Commercial piggeries (hog raising for other than family use) are permitted only on a farm of at least ten acres, and no hogs shall be permitted within 150 feet of any land zoned or used for residential purposes.

Manure must be stored in places removed at least 150 feet from all boundary lines of the lot.

Firewood operations require special exception approval in R.C.2, R.C.20 and R.C.50 Zones and are subject to the following standards:

A.

The loading and unloading of vehicles for the purpose of shipping and receiving goods shall take place at least 100 feet from any property line adjacent to a residentially zoned or used property.

B.

Timber and firewood placed for the purpose of drying, seasoning or storage less than 100 feet from residentially zoned or used properties shall be screened with plantings that provide a year-round visual screen upon maturity. Firewood which for marketing purposes is stored in the front yard of a firewood operation is not subject to the screening requirements.

C.

The location and storage of vehicle parking and equipment storage shall be compatible with surrounding uses and shall be screened from residentially zoned or used properties as specified in Subsection B above.

D.

Firewood operations abutting residential properties which exceed the decibel levels permitted under COMAR 26.02.03 are subject to the provisions described in that regulation.

[Bill No. 151-1992]

Farms located in R.C.5 and D.R. Zones are subject to the following requirements:

A.

Internal permanent roadways which provide access to and from farm structures shall be located at least 25 feet from any property line other than a street right-of-way line.

B.

Environmentally controlled structures such as greenhouses, potting sheds and accessory agricultural structures shall be located at least 50 feet from any neighboring property line, including any right-of-way line.

[Bill No. 51-1993]

[Bill No. 74-1999 ^[12]]

Setbacks for agricultural buildings and structures in RC Zones.

A.

Except as provided in Subsection B of this section, notwithstanding the provisions of Section 102.2, the minimum setbacks for any commercial agricultural building, structure or use in an RC Zone shall be as required by the Baltimore County Building Codes.

B.

This section does not apply to:

1.

Controlled-environment structures and accessory use structures subject to the provisions of Section 404.1; and

2.

Dwellings.

C.

In applying the requirements of this section, the county shall consider written recommendations of the Baltimore County Agricultural Land Preservation Board.

[Bill Nos. 51-1993; 74-1999; 122-2010]

All zoning violation cases concerning commercial agricultural operations shall be forwarded to the Baltimore County Agricultural Land Preservation Advisory Board for review. The Director of Permits, Approvals and Inspections shall allow the Board a maximum of 30 days, before taking action, to comment on an alleged violation.

[Bill No. 34-2009]

Farmstead creameries in R.C. Zones are subject to the following requirements:

A.

The majority of the milk used by the farmstead creamery to produce dairy products, on an annual basis, must be produced on the premises, on adjacent land, or on properties farmed by the same agricultural producer located within 25 miles. A farmstead creamery may not process more than 2,000 gallons of raw milk per day.

B.

All processing, preparing, and packaging activities of the farmstead creamery and any farmer's roadside stand or farm market on the premises used to sell the dairy products shall occupy no more than ten percent of the contiguous farm property on which the overall dairying occurs or two acres in area, whichever is less. The milking operation is not included in this limitation.

C.

The combined square footage of all structures or buildings associated with the farmstead creamery as well as any farmer's roadside stand or farm market on the premises used to sell the dairy products may not exceed a total of 12,000 square feet. The milking operation is not included in this limitation.

D.

This section is not subject to the variance provisions of Section 307.

E.

Signage shall be in accordance with Section 450 but may not be internally illuminated.

[Bill No. 83-2010]

A.

As used in this section, an "anemometer" is a temporary wind speed indicator constructed for the purpose of analyzing the potential for utilizing a wind energy turbine at a given site. This includes the tower, base plate, anchors, cables and hardware, wind direction vanes, booms to hold equipment, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.

B.

1.

As accessory to a permitted principal use, an anemometer is permitted in R. C. Zones and Manufacturing Zones subject to the issuance of a use permit by the Department of Permits, Approvals and Inspections.

[Bill No. 122-2010]

2.

An anemometer may remain on a property for up to one year from the date on which it begins collecting data. The total height of the anemometer may not exceed 100 feet.

3.

An anemometer shall be set back from the nearest property line a distance at least equal to its height.

4.

An anemometer may not be artificially lit unless lighting is required by the Federal Aviation Administration.

C.

An application for a use permit for an anemometer shall include:

1.

A site plan that shows the property lines and dimensions of the property and all abutting properties;

2.

The location of all existing buildings on the property and abutting properties; and

3.

Any additional information required by the Director of Permits, Approvals and Inspections.

[Bill No. 122-2010]

A.

Bill No. 40-1967 enacted six commercial districts (C.N.S., C.C.C., C.T., C.S.A., C.S.-1 and C.S.-2) and one industrial district (I.M.). One of the main purposes of the new commercial districts was to control the location of service stations and the uses associated with them. In 1975, the C.R. District was added to govern service stations and other commercial uses in rural areas.

B.

While the C.T., C.C.C., C.R. and I.M. Districts have special use and bulk regulations which make each one unique, the remaining districts (C.N.S., C.S.A., C.S.-1 and C.S.-2) do not include provisions which make them distinct. As a consequence, the C.S.A., C.N.S., C.S.-1 and C.S.-2 Districts are consolidated into the automotive services (A.S.) District.

C.

The design and operation of service stations has changed significantly and the provisions set forth in Bill No. 40-1967 no longer reflect contemporary business practices. Due to the rise of self-service stations, the number of businesses that "service" motor-vehicles by providing repair facilities has been steadily declining, while the number of stations with convenience stores or car wash operations has been increasing. To better reflect the evolving role of this use, the name of "automotive service station" is being changed to "fuel service station," and regulations which govern the permitted ancillary uses are being amended to reflect contemporary business practices and to facilitate the upgrading of existing stations.

D.

It is the intent of this section to permit fuel service stations in accordance with the goals of the Master Plan and duly adopted community plans by requiring performance standards that will regulate their location and appearance as well as the additional uses which may be developed at such sites.

A.

A fuel service station is permitted by right subject to Section 405.4, provided that no fuel servicing spaces are within 100 feet of a D.R., R.C., or R.A.E. zoned property, or an R.O. zoned property unless located on an arterial street, and is integrated with and located:

[Bill No. 87-2016]

1.

In a planned shopping center of which at least 20 percent has been constructed or is under construction at the time the building permit for the fuel service station is issued, but not to exceed one station for each 60,000 square feet of gross floor area of the planned shopping center;

2.

In an approved planned industrial park of a minimum net area of 50 acres, but not to exceed one for each 50 acres of net area; or

3.

In a planned drive-in cluster.

4.

Within a plan of development with a minimum net area of 60 acres that is under common ownership or control, zoned B.M.-C.T. and located in the Chesapeake Enterprise Zone, but not to exceed one for each 30 acres of net area.

[Bill No. 19-22]

B.

Fuel service stations on individual sites which do not comply with the requirements of Section 405.2.A are permitted by special exception, as provided below and subject to Sections 405.3 and 405.4.

1.

Within the Urban-Rural Demarcation Line (URDL), in C.C.C., A.S., I.M. or MD 43 Districts, provided no part of the lot is in an M.R. Zone.

[Bill No. 78-2002]

2.

Within the URDL ;hn0;[Bill No. 104-2018^[14]]

a.

on a single parcel zoned B.M. or B.R., containing at least two net acres;

b.

with more than 250 feet of frontage on a principal arterial roadway;

c.

unimproved or improved by a building or buildings vacant prior to the application for the previous five years;

d.

and accompanied by a convenience store with a gross floor area of less than 6,000 square feet inclusive of accessory storage.

3.

Outside the URDL with C.R. District designation only in B.L., B.M., or B.R. Zones, subject to Section 259.3.B.2.

In addition to the findings required under Section 502.1, the Zoning Commissioner, prior to granting any special exception for a fuel service station, shall consider the presence of abandoned fuel service stations in the vicinity of the proposed site. A finding by the Zoning Commissioner of the presence of one abandoned fuel service station, as defined in Section 405.7, within a one-half-mile radius, or two such stations within a one-mile radius of the proposed fuel service station establishes that there is no need for the proposed use, unless rebutted to the Zoning Commissioner's satisfaction by market data.

A.

Site development.

1.

Site dimensions. The area of any fuel service station site shall be no less than 15,000 square feet or 1,500 times the number of fuel service spaces (as defined in Section 101), whichever is greater. If any use permitted under Section 405.4.D or 405.4.E is added to the fuel service station, the area of the site shall be increased in accordance with the provisions of those sections.

2.

Setbacks.

a.

No main structure of a service station shall be set back less than 35 feet from any street right-of-way; no fuel pump shall be set back less than 25 feet from any street right-of-way; no canopy shall be set back less than 15 feet from any street right-of-way.

b.

Except at the required access driveways, a landscape transition area shall be provided along the entire perimeter of fuel service stations. Such area shall have a minimum width of ten feet if the fuel service station abuts a public right-of-way, and six feet in all side and rear yards abutting nonresidentially zoned land, except that service stations located within 50 feet of any residentially zoned property (other than a residential zone line in a public right-of-way) shall provide a buffer measuring no less than 15 feet from that property line.

c.

The landscape transition area shall be vegetated and screened in accordance with the Landscape Manual requirements for automotive uses.

d.

Other setbacks shall be as required by these regulations.

3.

Access, internal circulation and vehicle reservoir capacity.

a.

The number and location of access driveways shall be determined by the hearing officer or Zoning Commissioner based upon the recommendations of the Director of Public Works and Transportation and the Department of Planning.

[Bill Nos. 55-2011; 33-2021]

b.

All internal paved areas of a fuel service station site used for parking, driveway, aisles and stacking purposes shall comply with Section 409 and shall be laid out to preclude vehicles waiting on the street or blocking the right-of-way before gaining entrance.

c.

In addition to the fuel service space, at least one stacking space shall be provided:

(1)

For each pump island side, at pump islands that contain multiproduct dispensers (MPD) and where a bypass lane serves each MPD;

(2)

For each MPD in cases where there is no bypass lane or where a convenience store is located on the same lot; or

(3)

For each pump, if the pump dispenses a single fuel type.

d.

Parking spaces on the site of any fuel service station shall be provided as follows:

(1)

One space per employee on the largest shift.

(2)

Three spaces per 1,000 square feet of gross floor area for a convenience store up to 1,500 square feet. (Convenience stores larger than 1,500 square feet shall be subject to the parking requirements for retail uses in accordance with Section 409, including the first 1,500 square feet).

(3)

Three spaces per service bay, not counting service spaces in the bays.

(4)

One space per self-service air or vacuum cleaner unit.

(5)

One space per automatic teller machine.

B.

All fuel service stations shall provide a rest room facility, water and compressed air for customers.

C.

Appearance.

1.

General design.

a.

Any structure on the site that is converted to an ancillary use or to a use in combination with a fuel service station must be upgraded to create a unifying architectural theme with other structures on the site.

b.

The rear and sides of buildings on lots abutting residentially zoned properties shall be finished with materials that in texture and color resemble the front of the building. The type of facade treatment shall be indicated on the site plan or an accompanying elevation drawing and is subject to review by the Director of Planning.

c.

Except for the temporary outdoor sale of items permitted under Section 230.1.A.9, the outside display of merchandise is permitted only under the canopy, or if there is no canopy, on or between the pump island or in an area immediately adjacent to the cashier's kiosk. Such goods may not block access drives, stacking spaces or interfere with the site's circulation pattern.

d.

If the fuel service station is located within 50 feet of a residentially zoned property, lighting standards on site may not exceed a height of 18 feet and shall be directed away from any residentially zoned properties.

e.

To increase compatibility with surrounding buildings or to enhance the attractiveness of the site of fuel service stations for which a special exception is required, the Zoning Commissioner may specify additional requirements, including:

(1)

Changes in building or site plan design;

(2)

Restrictions on hours of operations; or

(3)

Other requirements deemed necessary for compliance with this section.

2.

Signs. Signs are permitted, subject to Section 450.

[Bill No. 89-1997]

3.

Maintenance. At all times, the premises shall be maintained in a clean and orderly condition. All landscaped areas shall be irrigated as needed and dead plants replaced. The responsibility for compliance with these provisions lies with all parties that individually or collectively have a lease or ownership interest in the fuel service station.

D.

Ancillary uses. The uses listed below, only, are permitted by right in conjunction with any fuel service station. The minimum area of the site as determined under Section 405.4.A.1 shall be increased each ancillary use by at least the number of square feet indicated below, which includes land for required parking and stacking spaces:

1.

Minor vehicle repair or diagnostic services to vehicles, except those which are unlicensed or which have a State Motor Vehicle Administration transporter or a dealer license. Additional site area of 1,300 feet per service bay shall be provided.

a.

Type of service and repairs include but are not limited to the sale and installation of mufflers, small auto parts and accessories and shall remain accessory to the fuel service station operation.

b.

All service and repairs shall take place within completely enclosed buildings.

c.

The combined area for sales, display and customer waiting room may not exceed 500 square feet.

d.

Storage of tow trucks, damaged or disabled vehicles or parts is subject to Section 405A.

2.

Convenience store, or a combination of a convenience store and carry-out restaurant, with a gross floor area of up to 6,000 square feet inclusive of accessory storage. An additional site area of four times the square footage of the gross floor area shall be provided.

[Bill No. 87-2016]

3.

Automatic teller machine, but no drive-through facilities. Additional site area of 1,000 square feet for each device shall be provided.

4.

Self-service vacuum stations. All such stations shall be located at least 30 feet from a residentially zoned property. No additional site area is required.

5.

Temporary outdoor sale of Christmas trees, firewood, cut flowers or live plants as limited by Section 230.1.A.9.

6.

The sale of cigarettes, candy, drinks, snacks and similar items from vending machines or the cashier's kiosk. No additional site area is required if vending machines do not exceed a total of five machines, otherwise the area shall be considered a convenience store.

7.

The retail sale of automotive service items such as motor oil, antifreeze or allied products. No additional site area is required.

E.

Uses in combination with fuel service stations. The minimum area of the site as determined by Section 405.4.A.1 shall be increased for each use in combination with a fuel service station by at least the number of square feet indicated below:

A.

Conversion of any conforming fuel service station building to another use, permitted in the basic zone or district in which the site is located, shall require approval of the overall plan of the entire site by the Directors of Planning, Public Works and Transportation, and Permits, Approvals and Inspections or, in the case of a special exception, the Zoning Commissioner.

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

B.

For all service station sites requiring a special exception, any amended plan shall constitute a new plan and be subject to the same requirements of these regulations.

A.

Expansion, reconstruction or addition of uses.

1.

Any fuel service station which legally existed by right or by special exception on the effective date of Bill No. 172-1993 may be expanded or reconstructed, and any ancillary use listed in Section 405.4.D may be added, provided that the project is confined to the limits of the site as it existed on the effective date of Bill No. 172-1993; and

a.

Conforms with a plan for the entire site as reviewed by the Directors of Planning, Public Works and Transportation, and Permits, Approvals and Inspections; and

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

b.

Is located in a B.L., B.R., B.M., M.L. or M.H. Zone or a PUD; and

c.

Meets the requirements set forth in Section 405.4 or, in the judgment of the Director of Permits, Approvals and Inspections, would be done in such a manner that the station would be improved to be more in keeping with the purposes of Section 405.4; and

[Bill No. 122-2010]

d.

In cases where a provision of Bill No. 172-1993 conflicts with the terms or conditions of a prior special exception, the project may be subject to special hearing at the discretion of the Director of Permits, Approvals and Inspections.

[Bill No. 122-2010]

2.

After a public hearing, the Zoning Commissioner may authorize expansion of the station beyond the confines of the site, subject to the provisions of 405.6.A.1 above.

3.

Any of the "uses in combination with" fuel service stations listed in Section 405.4.E may be added to any such station, provided that a special exception is granted and the provisions of Section 405.4 are met.

4.

Any structure or expansion of the use that is shown on a plan approved prior to the effective date of Bill No. 172-1993 shall be considered as being in compliance with Section 405.4.A.2.a.

B.

Portable "A" or "sandwich board" signs shall be removed within three months of the adoption of this provision.

A.

Finding. The County Council recognizes that at times the public need for fuel service stations at particular locations ceases, and those stations become abandoned. An abandoned fuel service station is one which, intentionally, is not in actual and continuous operation as defined in Section 405.7.B. The County Council further recognizes that an abandoned fuel service station which is left to deteriorate can become a threat to the health, safety and welfare of the community, can have a blighting influence on surrounding properties and can cause a deterioration of the use, value and enjoyment of property in the immediate neighborhood.

B.

Notice of presumption of abandonment. Whenever the owner or agent of any fuel service station has ceased or terminated the use of the premises as a fuel service station, the owner or agent shall notify the Director of Permits, Approvals and Inspections within 30 days after the termination. Notwithstanding the failure of the owner to notify the Director, any fuel service station which has not been in actual and continuous operation as a station for a period of 12 consecutive months shall be presumed to be abandoned and right to resume the use is thereby terminated. For purposes of this section, "continuous operation" shall mean operation as a fuel service station at least eight hours per day, five days per week.

[Bill No. 122-2010]

C.

Termination of special exception. Any special exception for the operation of a fuel service station shall become void upon notice of abandonment by the owner or upon proof of abandonment after notice and hearing pursuant to Section 500.7 of the zoning regulations. Any special exception for a fuel service station shall terminate at the time of the conversion to another use.

D.

The premises (including landscaping) of any fuel service station which is not in continuous operation or which is abandoned shall be continuously maintained in the same manner as is required under these regulations for operating fuel service stations.

E.

Proceedings to require removal.

1.

Whenever it shall be determined by the Director of Permits, Approvals and Inspections that a fuel service station has not been in continuous operation and that the premises have not been continuously maintained, the Director shall issue a notice to the owner or agent to repair, correct or take other appropriate action to remedy the specific deficiencies enumerated in the notice.

[Bill No. 122-2010]

2.

If the deficiencies have not been corrected within a period of 90 days following the date of the notice, the Director of Permits, Approvals and Inspections shall refer the matter to the Zoning Commissioner for a hearing, pursuant to Section 500.7, to require removal.

[Bill No. 122-2010]

3.

If, after notice and hearing pursuant to Section 500.7 of the zoning regulations, it is determined that a fuel service station has not been in continuous operation and not continuously maintained and corrected according to prior notice, and if it is further found that by reason of the continued vacancy, the structure and grounds lack reasonable or adequate maintenance, thereby causing deterioration and blighting influence on nearby properties and thereby depreciating the enjoyment, use or value of the property in the immediate vicinity to such an extent that it is harmful to the public health, welfare, safety, comfort or convenience of the neighborhood in which the station is situated, the Zoning Commissioner shall order the station's removal. For purposes of the subsection, "removal" shall mean the removal by the owner of all aboveground structures, including paving, and removal or abandonment in place of underground tanks in compliance with the provisions of COMAR 26.10.10.02 and § 33-7-103 of the Baltimore County Code.

[Bill No. 137-2004]

One of the purposes of this subsection is to promote the conversion of vacated fuel service stations to other uses; therefore, if a fuel service station has been abandoned as such, but is converted to another use, no fuel service station structure, equipment or appurtenances necessary or appropriate to the new use need be removed.

All such vehicles shall be screened from off-site view by walls (including building walls) or fences at least eight feet in height. However, a screening wall or fence less than eight feet high, but not less than six feet high, existing on the date of enactment of this provision ^[15] may serve in lieu of such eight-foot wall or fence. All surfaces of such walls or fences facing residential zones or premises shall be finished or, in the discretion of the Zoning Commissioner, vine-covered or otherwise improved by the use of planting.

The storage area shall be paved with permanent all-weather materials over suitably compounded and compacted base materials, and shall be properly drained.

All lighting installations shall be such and be so arranged as not to increase traffic hazards or to cause direct or glaring reflection into adjoining premises.

A tennis facility may be established as a principal use in an R.C. or D.R. Zone only if it is owned by a homes or residents' association, as defined in the Comprehensive Manual of Development Policies adopted pursuant to Section 504 of these regulations, by a neighborhood improvement association, or by a neighborhood tennis club. For the purposes of this subsection, a "neighborhood improvement association" is an incorporated association, the purpose of which is to promote the common good and general welfare of its members, who reside within the association's boundaries as defined in its charter or bylaws; a "neighborhood tennis club" is a nonprofit incorporated association, the purpose of which is to own or maintain a tennis facility for the exclusive use of its members and nonpaying guests and having a majority of the club's members residing or employed within the neighborhood.

No tennis facility established in conjunction with a nine-hole country club shall comprise more than eight courts, and no tennis facility established in conjunction with an 18-hole country club shall comprise more than 12 courts. Those country clubs in existence as of July 1, 1978, shall not be limited in their ability to construct additional tennis facilities, provided that they comply with all site and setback requirements as established in Sections 406A.1 through 406A.6 of this bill.

The area of the site of any tennis facility shall be at least 15,000 square feet per court. No tennis facility shall be established within 100 feet of any site boundary line of an R.C. or D.R. zoned property, and no variance in the requirements may be granted under the provisions of Section 307 of these regulations.

A.

General design. The Zoning Commissioner may require any changes in building or site design which would make the facility more compatible with its surroundings or more attractive.

B.

Any practice board provided shall be constructed of masonry or other sound-absorbing material and shall be designed to minimize noise.

C.

The Zoning Commissioner shall stipulate the hours of operation of a tennis facility as a condition for granting a special exception necessary for its establishment.

D.

Landscaping. Landscaping shall be provided in accordance with the Baltimore County Landscape Manual adopted pursuant to § 32-4-404 of the Baltimore County Code. Tennis facilities shall conform to the landscaping standards and criteria for commercial, office and industrial development.

[Bill No. 137-2004]

E.

Lighting. All lighting shall be of such a size and so arranged and shielded as to prevent direct or reflected glare onto any portion of any adjacent motorway, into the path of oncoming vehicles or onto any portion of adjoining residential properties.

Nothing hereinabove contained shall apply to any parcel of land for which a special exception has been granted under any previous ordinance or regulation by a final order of the Zoning Commissioner or the County Board of Appeals, as the case may be, or extension thereof, for the construction, maintenance or operation of a tennis court or courts.

Notwithstanding other provisions of these zoning regulations to the contrary, churches, synagogues and other houses of worship (hereinafter referred to as "church") are permitted as of right in all manufacturing zones in accordance with this section. If a conflict arises between this section and other specific provisions of these Zoning Regulations or the County Code, this section shall govern.

A.

Manufacturing zones serve manufacturing, industrial and related uses and activities. Proposed churches therefore are encouraged to provide additional public benefits to offset the loss of such land for their stated purpose. Such public benefits include but are not necessarily limited to:

1.

Adult and child day care.

2.

Church buildings and adjoining land for community use, such as for meeting rooms and sports activities.

B.

If day care is provided, such day care shall be made available to the general public at reasonable cost, if required, subject to all other county regulations.

C.

If church facilities are made available to the general public for use, they shall be made available at reasonable cost, if required.

D.

Notwithstanding any provision in these regulations or the County Code to the contrary, churches proposing new buildings shall be subject to the development regulations, Article 32, Title 4 Baltimore County Code. However, if the church provides a public benefit as described in Subsection A above, such church shall be granted waivers to the development plan and hearing officer's hearing by the Planning Board; otherwise, the development regulations are applicable.

[Bill No. 137-2004]

E.

Churches shall be subject to the bulk, area and height regulations required by the particular manufacturing zone in which they are proposed, but shall be exempt from any setback required from adjoining residential zone boundary lines.

F.

Notwithstanding the off-street parking space and parking location requirements of Sections 409.6 and 409.7 of these regulations, the use of parking spaces will be shared to the maximum extent feasible, as determined by the Director of Permits, Approvals and Inspections (Director).

[Bill No. 122-2010]

1.

If a new building is proposed, the Director shall require the applicant for the building permit to seek the use of at least 50 percent of the parking space requirement from businesses which will not be utilizing the spaces during the peak hours of the church's operation.

2.

In cases where the church shall occupy an existing building and will utilize the building's existing accessory parking, the church shall be required to obtain a use permit pursuant to Section 500.4 of these regulations. The Director shall require that the church offer at least 50 percent of the church's parking space requirement to businesses which may require additional spaces; if the church seeks to construct additional spaces to meet or exceed the parking space requirement, the Director shall require the church to seek the use of available space before approving the use permit.

3.

The required distance for off-street parking spaces in Section 409.7 of these regulations may be exceeded for the purposes of this section.

The area of land so to be used shall be not less than one acre or more than five acres.

No automobile or vehicle not in running condition, nor machinery or other junk or scrap shall be located, either for storage or dismantling, within 300 feet of any other zone, within 50 feet of the front street line nor within 30 feet of any other adjoining property.

The Zoning Commissioner or County Board of Appeals, upon appeal, shall require the location and erection of such walls or fences or require the planting of such shrubbery, trees or vines, as may be reasonable and proper, to afford adequate screening of such junkyard.

A.

Vehicle cleaning services and the parking or storage of vehicles only are permitted at a car rental agency.

B.

No other type of service, repair, or refueling of vehicles is permitted. Use permits for parking in a residential zone are not permitted.

A.

Vehicle cleaning is limited to the vacuuming of the interior and hand washing of the exterior and interior of the vehicle.

B.

Vehicle cleaning is restricted to 8:00 a.m. through 7:00 p.m. and is permitted only in an enclosed vehicular preparation area or at the side or rear of the building. All such vehicle cleaning areas shall be at least 30 feet from any residential zone line.

C.

If the area to be used for the cleaning of vehicles abuts a residential use or an area that is zoned predominantly residential, the area shall, in the judgment of the Director of Planning, be effectively screened with landscaping, a masonry wall or a wood-on-wood fence.

All facilities for the parking or storage of vehicles shall comply with Subsection 409.8.A, design and landscape standards for parking facilities, and Subsection 409.4.C.

Notwithstanding any provision in these regulations to the contrary, boarding- or rooming houses are permitted in D.R. Zones, subject to the provisions of this section.

A.

Upon application to the Department of Permits, Approvals and Inspections, the Director may issue a use permit for a boarding- or rooming house under the following procedure:

[Bill No. 122-2010]

1.

Upon application, the applicant shall provide the following information:

a.

The maximum number of tenants expected to live on the property.

b.

A site plan indicating the location and type of structure and the proximity of dwellings on adjacent lots.

c.

The location of the required off-street parking spaces.

d.

A floor plan indicating the number of bedrooms and bathrooms.

e.

Such other information as the Director may require.

2.

Notice and hearing.

a.

On the property in question, notice of the application for the use permit shall be conspicuously posted for a period of 15 days following the filing of the application.

b.

Within the 15-day posting period, any interested person may file a formal request for a public hearing before the Zoning Commissioner in accordance with Section 500.7.

c.

If a formal request for a public hearing is not filed, the Director, without a public hearing, may grant a use permit for a boarding- or rooming house in a D.R. Zone if the proposed use meets the requirements of this section and Section 502.1. The use permit may be issued with such conditions or restrictions as determined appropriate by the Director to satisfy the provisions of this section and Section 502.1 and to ensure that the boarding- or rooming house will not be detrimental to the health, safety or general welfare of the surrounding community.

d.

If a formal request for a public hearing is filed, the Director shall schedule a date for the public hearing before the Zoning Commissioner, such hearing to be held not less than 21 days and not more than 90 days from the date of filing of the request for public hearing.

e.

Following the public hearing, the Zoning Commissioner may either deny or grant a use permit conditioned upon:

(1)

Findings following the public hearing.

(2)

The character of the surrounding community and the anticipated impact of the proposed use on that community.

(3)

The manner in which the requirements of this section and Section 502.1 and other applicable requirements are met and any additional requirements as deemed necessary by the Zoning Commissioner in order to ensure that the use will not be detrimental to the health, safety or general welfare of the surrounding community and as are deemed necessary to satisfy the objectives of this section and Section 502.1 of these regulations.

f.

If a formal request for a public hearing is not filed and notwithstanding any provision herein to the contrary, the Director may, at his or her discretion, require a public hearing whereat the applicant shall be required to satisfy the burden of proof required for such use to be granted.

g.

Notwithstanding the provisions of Section 1B01.1B, the Director, or the Zoning Commissioner if a hearing is requested, or the County Board of Appeals, upon appeal, may modify Section 1B01.1.B.1.b as it pertains to such use in D.R. Zones.

B.

Boarding or rooming houses are permitted only in single-family detached dwellings.

C.

The applicant shall be required to keep and preserve accurate occupancy records, including the name, social security number and dates of occupancy of each tenant and shall make such records available to the Fire Department, Police Department, Department of Permits, Approvals and Inspections and other appropriate governmental agencies.

[Bill No. 122-2010]

D.

Off-street parking spaces shall be located in the side or rear only, unless otherwise approved by the Zoning Commissioner, and shall be landscaped in accordance with the Class A requirements of the Landscape Manual.

E.

After the effective date of Bill No. 124-93, a new boarding- or rooming house is not permitted next to an existing boarding- or rooming house unless permitted after a public hearing pursuant to Section 408.B.

F.

Upon approval of the initial use permit, the applicant, operator, owner or lessee of the property or premises at issue shall be required to renew the use permit annually, to be dated from the month of the initial approval. Such renewal shall not be subject to Section 408B.A.2 above.

G.

The Director may suspend, revoke or refuse to renew the use permit for the following reasons:

1.

The applicant has made any false or misleading statement in any application or other document required to be filed under this section.

2.

The applicant has failed to comply with the Livability Code; the applicable zoning regulations; or the noise, litter, fire, health or sanitation ordinances of Baltimore County.

3.

The applicant has failed to comply with the terms and conditions of the initial approval.

H.

The applicant, as a condition precedent to the approval of the initial use permit, shall be required to permit the county to enter and inspect the premises upon 24-hour notice to the applicant, operator, owner or lessee of the property or premises.

I.

Appeals from any decision or order of the Director or Zoning Commissioner may be taken to the Board of Appeals in accordance with § 32-3-401 of the Baltimore County Code.

[Bill No. 137-2004]

A boarding or rooming house located within the Dundalk National Historic District that was lawfully approved by the Zoning Commissioner or Administrative Law Judge may be converted to apartments at a conversion rate of one apartment for every two approved bedrooms. Each apartment shall contain its own cooking and bathing facilities, and the number of approved parking spaces shall be the same as approved in the original order of the Zoning Commissioner or Administrative Law Judge, or a number that is consistent with current regulations.

[Bill No. 100-24]

A.

All structures built and all uses established hereafter shall provide accessory off-street parking and loading in accordance with the following regulations. When an existing structure or use is enlarged, accessory off-street parking and loading shall be provided in accordance with the following regulations for the area or capacity of such enlargement.

B.

Those projects which have County Review Group (CRG) approval prior to the effective date of these regulations may modify their plans to satisfy these regulations or may proceed under the regulations in effect at the time of said approval.

C.

Those projects for which a building permit has been submitted but not approved may modify their plans to satisfy these regulations or proceed under the regulations in effect at the time of said submittal.

At the time of application for a building permit for the erection or enlargement of any building for which off-street parking or loading spaces are required, a plan shall be provided at an appropriate level of detail showing such parking or loading spaces, including the means of access and interior circulation both from the standpoint of the project itself and in relation to its surroundings.

Minimum off-street parking space dimensions shall be as follows:

Vehicular travelways in off-street parking facilities where the parking spaces are located in parking bays or parking lanes shall be divided into driveways, with no direct access to parking spaces, and aisles, providing direct access to adjoining parking spaces.

A.

Driveways shall be at least 12 feet in width for one-way movements and at least 20 feet in width for two-way movements.

B.

All parking spaces shall adjoin and have direct access to an aisle, except in the following cases:

1.

In cases where vehicles will be parked by an attendant, the Zoning Commissioner may approve a parking facility in which up to 50 percent of all parking spaces do not adjoin and have direct access to an aisle.

2.

In office buildings less than 5,000 square feet, the Zoning Commissioner may approve a plan in which spaces designated for employee use only do not have direct access to an aisle.

C.

The permitted parking angles and the minimum required widths of aisles shall be as specified below. Parking angles and aisle widths which vary from those specified below may be approved by the Zoning Commissioner for any parking facility based upon the written findings of the Director of Public Works and Transportation that the design of the particular parking facility involved will provide for the safe and efficient circulation and maneuvering of vehicles.

[Bill No. 33-2021]

D.

Historic structures. For an existing structure within the Oella National Register District or the Ellicott Mills National Register District, the width of driveways and aisles with two-way movement in an interior private parking facility may be modified up to 25 percent of the minimum required width specified in Section 409.4.A and 409.4.C. Residential dwelling unit parking spaces that do not have access to aisles are permitted, and these spaces may count towards the number of spaces required under Section 409.6. Any parking spaces without direct access to a drive aisle and the space blocking access to that drive aisle shall be reserved for an individual unit.

[Bill No. 8-2004]

A.

In off-street parking facilities where more than 50 parking spaces are provided, small car spaces shall be permitted as specified below.

1.

In facilities serving office or industrial uses: up to 40 percent of the number of spaces required for such uses.

2.

In parking structures serving residential or lodging uses: up to 40 percent of the number of spaces required for such uses. In surface parking facilities serving residential or lodging uses: no small car spaces permitted.

3.

In structured parking facilities serving a state-designated transit-oriented development: up to 40 percent of the number of spaces required for any uses within the boundaries of the plan of development.

[Bill No. 16-2015]

B.

Notwithstanding the provisions of Section 409.5.A., for any nonresidential development, all parking spaces provided which exceed the requirements of Section 409.6 may be small car spaces at the discretion of the developer.

A.

General requirements. The standards set forth below shall apply in all zones unless otherwise noted. If the required number of off-street parking spaces is not set forth for a particular type of use, the Director of Permits, Approvals and Inspections shall determine the basis of the number of spaces to be provided. If the number of spaces calculated in accordance with this section results in a number containing a fraction, the required number of spaces shall be the next highest whole number.

[Bill Nos. 124-1993; 136-1996; 144-1997; 122-2010; 37-2015]

1.

Residential and lodging uses.

2.

Commercial and service uses.

3.

Industrial uses.

4.

Recreational and institutional uses.

B.

Adjustments to general requirements.

1.

Transit adjustment.

[Bill No. 45-2011]

a.

The required number of off-street parking spaces for any office or industrial use may be reduced by five percent if a pedestrian entrance to the building is located within 1,000 feet walking distance of a transit stop on a Mass Transit Administration route with scheduled peak-period headway of 20 minutes or better. The number of spaces may be reduced by an additional ten percent if the office or industrial use is located in a Commercial Revitalization District, subject to the approval of the Director of Permits, Approvals and Inspections pursuant to the procedure specified in Section 409.13 of the Baltimore County Zoning Regulations.

[Bill No. 36-2013]

b.

The required number of off-street parking spaces for any plan of development with a minimum of 750,000 square feet of gross leasable area in a C. T. District, except for a C.T. District within the Woodlawn Commercial Revitalization District, may be reduced by 25 percent if served by a transit stop on a Mass Transit Administration route with scheduled peak-period headway of 20 minutes or better.

[Bill No. 67-2016]

c.

The required number of off-street parking spaces for any transit-oriented plan of development may be reduced up to 40 percent if served by a Mass Transit Administration Metro Rail station. ^[20]

2.

Ridesharing adjustment. The required number of off-street parking spaces for any office or industrial use with 100 or more employees may be reduced by ten percent for participation in a continuous, personalized ridesharing assistance program.

[Bill No. 49-2016]

a.

Conditions for approval. To qualify for a ten percent reduction, the owner or lesser shall meet the following requirements:

(1)

Actively participate in the regional ridesharing program, as administered by the State of Maryland or Baltimore County.

(2)

Assign an on-site ridesharing coordinator to periodically interact with the regional ride-sharing program and promote the program internally to employees.

(3)

Establish an in-house carpool promotion and matching program and provide such maps, displays and materials as are necessary to inform employees of its availability.

(4)

Reserve a minimum of ten percent of all parking spaces for carpools or vanpools and have those spaces so designated by appropriate signage.

(5)

Demonstrate to the satisfaction of the Zoning Commissioner that, in the event of future noncompliance, it will be feasible to either construct or lease the additional required parking spaces.

(6)

Certify annually to the Zoning Commissioner that these criteria are being met.

b.

Penalties for noncompliance. If the criteria for the reduction in the required number of off-street parking spaces are no longer being met, the owner or lessee shall be required to construct or lease additional parking spaces equal in number to the reduction granted. Failure to construct or lease the required additional parking spaces is a violation of these Zoning Regulations.

3.

Shared parking adjustment. Two or more uses shall be permitted to share their off-street parking spaces in a common parking facility if the hours or days of peak parking for the uses are so different that a lower total will provide adequately for all uses served by the facility, without conflict or encroachment. To assure that no conflict or encroachment occur, shared parking spaces for such uses shall be provided according to the following table.

[Bill Nos. 5-1989; 49-2016]

a.

Method of calculation.

Step I — For each of the five time periods, multiply the minimum number of parking spaces required for each use (including any transit or ride-sharing adjustments) by the corresponding percentage in the table.

Step II — Add the results of each column. The required number of parking spaces shall equal the highest column total.

b.

Conditions for approval.

(1)

Reserved or otherwise restricted spaces shall not be shared.

(2)

The land uses served by the shared parking facility shall be in single ownership or permitted for multiple ownership by the Director of Permits, Approvals and Inspections upon satisfactory guarantees of the continued operation and proper maintenance of the shared parking facility.

[Bill Nos. 144-1997; 122-2010]

All required off-street parking spaces shall be located either on the same lot as the structure or use to which they are accessory or off-site as provided for below.

A.

Off-street parking spaces for residential uses and lodging uses shall be located within 300 feet walking distance of a building entrance to the use that such spaces serve. Off-street parking spaces for residential uses located within a state-designated transit-oriented development in the C.T. District of Owings Mills shall be located within the boundaries of the plan of development.

[Bill No. 16-2015]

B.

Uses other than residential.

1.

Except in C.T. Districts and R-O-A and R-O Zones, off-site parking spaces for uses other than residential and lodging shall be located within 500 feet walking distance of a building entrance to the use that such spaces serve. In C.T. Districts, such spaces shall be permitted within 1,000 feet walking distance of the building entrance. For a state-designated transit-oriented development in the C.T. District of Owings Mills, such spaces shall be located within the boundaries of the plan of development.

[Bill Nos. 155-1988; 170-1991; 16-2015; 49-2016]

2.

In R-O and R-O-A Zones, all required off-street parking spaces shall be provided on the same lot as the structure or use to which they are accessory, except that in cases where adjacent dwellings have been converted to Class A office buildings, parking spaces may be provided on the adjacent lots. The use of an off-site parking facility which is accessory to a church or other existing principal use may satisfy the parking requirement, if located no more than 500 feet from the lot.

[Bill No. 170-1991]

C.

Prior to the approval of any building permit involving an off-site parking facility, the Director of Permits, Approvals and Inspections shall require guarantees of the continued future availability and proper maintenance of the facility, including, but not limited to, a grant of an easement, a deed restriction, a restrictive covenant or a binding contractual agreement, including a lease. Any plans approved are conditioned upon and subject to periodic review by the Director to ensure that adequate parking arrangements continue to exist.

[Bill Nos. 144-1997; 122-2010]

A.

Requirements for parking facilities in all zones. All off-street parking facilities shall be subject to the following requirements:

1.

Design, screening and landscaping. Design, screening and landscaping shall be provided in accordance with the Landscape Manual and all other manuals adopted pursuant to § 32-4-404 of the Baltimore County Code.

[Bill No. 137-2004]

2.

Surface. A durable and dustless surface shall be provided and shall be properly drained so as not to create any undesirable conditions.

3.

Lighting. Any fixture used to illuminate any parking facility shall be so arranged as to reflect the light away from residential lots and public streets. Light standards shall be protected from vehicular traffic by curbing or landscaping.

4.

Distance to street line. No parking space in a surface parking facility for a nonresidential use, or a residential use in an area located within the Towson Community Plan west of Bosley Avenue, shall be closer than ten feet to the right-of-way line of a public street, excluding vehicle overhang.

[Bill No. 49-2016; 62-2018]

5.

Dead ends. All dead-end aisles shall be designed to provide sufficient backup area for the end parking spaces.

6.

All parking spaces must be striped. Striping shall be maintained so as to remain visible.

B.

Business or industrial parking in residential zones.

1.

Upon application, the Zoning Commissioner may issue a use permit for the use of land in a residential zone for parking facilities to meet the requirements of Section 409.6, under the following procedure:

a.

On the property in question, notice of the application for the use permit shall be conspicuously posted for a period of 15 days following the filing of the application.

b.

Within the 15-day posting period, any interested person may file a formal request for a public hearing with the Zoning Commissioner in accordance with Section 500.7.

c.

If a formal request for a public hearing is not filed, the Zoning Commissioner, without a public hearing, may grant a use permit for parking in a residential zone if the proposed use meets all the requirements of Section 409.8.B.2. The use permit may be issued with such conditions or restrictions as determined appropriate by the Zoning Commissioner to satisfy the provisions of Section 409.8.B.2 below and to ensure that the parking facility will not be detrimental to the health, safety or general welfare of the surrounding community.

d.

If a formal request for a public hearing is filed, the Zoning Commissioner shall schedule a date for the public hearing, such hearing to be held not less than 30 days and not more than 90 days from the date of filing of the request for public hearing.

e.

Following the public hearing, the Zoning Commissioner may either deny or grant a use permit conditioned upon:

(1)

His findings following the public hearing;

(2)

The character of the surrounding community and the anticipated impact of the proposed use on that community;

(3)

The manner in which the requirements of Section 409.8.B.2 and other applicable requirements are met; and

(4)

Any additional requirements as deemed necessary by the Zoning Commissioner in order to ensure that the parking facility will not be detrimental to the health, safety or general welfare of the surrounding community and as are deemed necessary to satisfy the objectives of Section 502.1 of these regulations.

2.

In addition to all other applicable requirements, such parking facilities shall be subject to the following conditions:

a.

The land so used must adjoin or be across an alley or street from the business or industry involved.

b.

Only passenger vehicles, excluding buses, may use the parking facility.

c.

No loading, service or any use other than parking shall be permitted.

d.

Lighting shall be regulated as to location, direction, hours of illumination, glare and intensity, as required.

e.

A satisfactory plan showing parking arrangement and vehicular access must be provided.

f.

Method and area of operation, provision for maintenance and permitted hours of use shall be specified and regulated as required.

g.

Any conditions not listed above which, in the judgment of the Zoning Commissioner, are necessary to ensure that the parking facility will not be detrimental to adjacent properties.

3.

Notwithstanding the provisions contained in Subsections B.1 and B.2, in a Commercial Revitalization District, business parking in residential zones is permitted by right if there is an existing parking facility.

[Bill No. 36-2013]

C.

Requirements for parking bays on a street. Parking bays on a street are subject to the following requirements and all applicable requirements of the Department of Public Works and Transportation:;

[Bill No. 33-2021]

1.

The length of any parking bay (measured along the right-of-way) shall not exceed 180 feet. All bays must be separated by a divider which is at least ten feet in width.

2.

Parking bays may not be located on any street where the average daily traffic exceeds 800 vehicles.

D.

Paving standards for trucking facility sites.

1.

Applicability. The provisions set forth below are adopted to regulate paving on the sites of both Class I and Class II trucking facilities.

2.

Standard. All parking, loading, maneuvering and aisle areas and all areas for the storage of empty containers and empty trailers must be paved and maintained with:

a.

A bituminous concrete surface over a suitable base;

b.

A Portland-cement concrete surface over a suitable base; or

c.

Two or more applications of bituminous surface treatment over a suitable base.

3.

Access to storage areas. All trucking facilities must be designed to provide access to storage areas via paved access aisles.

4.

Engineering certification. A registered engineer of appropriate qualifications must certify that the paving, base and soil of all parking, loading, maneuvering, aisle and storage areas will withstand the loads imposed by expected truck traffic and storage activities.

Parking spaces for handicapped persons shall be provided in accordance with the standards specified in the Maryland Building Code for the Handicapped, as contained in the Code of Maryland Regulations, Section 05.01.07.

A.

For uses with drive-through facilities, stacking spaces for vehicles waiting to complete a transaction shall be provided in addition to the parking spaces required by Section 409.6. Each stacking space shall be at least 20 feet in length. The stacking space requirement shall not include the space next to the transaction station. The following are the minimum number of required stacking spaces by type use:

B.

The drive-through lane shall be distinctly marked by special striping or pavement markings and shall not block entry to or exit from off-street parking spaces otherwise required on the site. The drive-through lane may not cross the principal pedestrian access to the facility, except that, in the case of a drive-through only restaurant with two drive-through lanes, the drive-through lanes are permitted to cross the pedestrian access if a painted crosswalk in association with warning signs for pedestrians and motorists is provided. The crosswalk may not be located between vehicle stacking spaces.

[Bill No. 110-1993]

C.

Notwithstanding any provisions in these regulations to the contrary, drive-through facilities for commercial establishments except banks, including the re-purposing of existing drive-through facilities for commercial establishments, are prohibited in the South Towson (SOTO) Design Review Area.

[Bill No. 67-2020]

For any building used for commercial or industrial purposes, adequate space for off-street parking to accommodate the loading and unloading of materials shall be provided, consistent with the size and proposed use of the building. Such space, whether inside or outside a building, shall be in addition to the parking spaces required by Subsection 409.6 and shall be located and designed so as not to impede normal vehicular circulation.

A.

The off-street parking requirements in Section 409 shall supersede any off-street parking requirements adopted pursuant to the authority of Section 504.

B.

If the requirements for parking space or loading space in Section 409 would create an undue hardship, the Zoning Commissioner may approve a modified plan upon petition and after a public hearing, the procedure for which is set forth in Section 409.8.B.1 above.

[Bill No. 45-2012]

In order to prevent the establishment of a greater number of parking spaces than is actually required to serve the needs of shopping centers with 100,000 square feet or more of gross leasable area, a reduction of the number of required off-street parking spaces is permitted. On application, the Director of Permits, Approvals and Inspections may reduce the number of required parking spaces by up to 40 percent if the following procedures and conditions are satisfied:

A.

The applicant shall submit a certified site plan and documentary evidence of reduced parking needs to the Director. The site plan shall show all existing site improvements and proposed changes. The applicant's submittal shall be distributed to the Department of Planning and the Department of Environmental Protection and Sustainability for review and recommendations.

B.

In determining whether to grant any parking reduction, the Director may prescribe any site improvements that are appropriate for the proper function of the shopping center or that are in the public interest. Site improvements may include:

1.

Changes that will create a more attractive and pleasing appearance, such as additional or enhanced screening and landscaping, enhancement of building elevations, elimination or replacement of excessive or unsightly signage, and creation of an attractive cohesive architectural design.

2.

Modification of existing vehicular access arrangements, such as changing the location or design of a vehicular entrance or changes to internal circulation design to provide safer conditions for motorists.

3.

Creation of a safe and pedestrian-friendly environment, including the provision of bicycle amenities such as bike racks, and connections to adjacent neighborhoods.

4.

Enhancement of accessibility for the disabled.

5.

Replacement of existing outdoor lighting fixtures to eliminate or reduce the impacts of glare, light trespass, and excessive illumination.

6.

Provision of amenity open space that is designed and intended to be used by the general public.

7.

Incorporation of sustainable practices that will reduce the environmental impact of buildings or associated site improvements. Sustainable practices include:

a.

Application of best management practices, such as the use of bioswales, stormwater management tree planters, structural soils and porous paving.

b.

Proper installation of shade trees to mitigate the heat island effect from paved surfaces.

C.

After consideration of agency recommendations, the Director may grant a parking reduction. The parking space reduction may not exceed 40 percent of the number of parking spaces otherwise required by Section 409. Any prior reduction of parking space requirements through the grant of a variance (if still applicable) shall be considered the required amount of parking for the purpose of calculating the requested reduction.

D.

If a parking space reduction is approved by the Director, with any required changes to existing or proposed site improvements, the site plan shall be revised to be consistent with the approval by the Director.

E.

If a parking reduction is granted, the shopping center may not be enlarged or increased in intensity unless application is made and approved for a new or revised parking space reduction.

[Bill No. 38-2013 ^[21]]

A.

General requirements. Bicycle parking shall be provided and installed as part of all new construction projects (excluding single-family detached residential) and remodeling projects of over 50 percent expansion in the Loch Raven Commercial Revitalization District, the Perry Hall Commercial Revitalization District, the Catonsville Commercial Revitalization District, the Arbutus Commercial Revitalization District, the Lansdowne Commercial Revitalization District, the Baltimore National Pike Commercial Revitalization District, and in the Honeygo Area as follows:

[Bill Nos. 48-2013; 53-2014; 49-2016]

1.

The minimum amount of bicycle parking required shall be determined by multiplying the total number of off-street parking spaces required for the applicable use set forth in Section 409.6 by .04 (four percent).

2.

If the calculation is determined to be a number less than .5 space, then providing and installing bicycle parking is optional.

3.

In all other cases, the amount of bicycle parking required shall be the next highest whole number.

B.

Location. Bicycle parking shall be located:

1.

On the same lot as the principal use;

2.

In a manner that prevents damage to bicycles by motor vehicles;

3.

In a convenient, highly visible, active, well-lit area;

4.

In a manner that does not interfere with pedestrian movements; and

5.

As near the principal entrance of the building as practical.

C.

Design features. Bicycle parking racks or facilities shall be permanent fixtures on the property, and shall be consistent with the surroundings in color and design, and shall whenever possible be incorporated into building or street furniture design. Bicycle parking shall also be designed to:

1.

Allow each bicycle to be supported by its frame;

2.

Allow the frame and wheels of each bicycle to be secured against theft and to avoid damage to the bicycles;

3.

Be anchored in a manner that resists rust or corrosion, or removal by vandalism; and

4.

Facilitate easy locking without interfering with adjacent bicycles.

D.

The provisions of this section may not be waived, except that a variance may be granted, consistent with the provisions of Section 307.1, only upon a finding that the bicycle parking rack or facility cannot be located on the same lot as the principal use and must be located on a property within at least 300 feet of the principal use lot or on publicly owned land by agreement with the property owner.

The provisions of this subsection apply to Class I trucking facilities existing on the effective date of this section.

A.

Plans.

1.

If the owner of or authorized agent for a Class I trucking facility believes that approved plans of that trucking facility are on file with the Department of Planning or Department of Permits, Approvals and Inspections on the effective date of this section, he must so notify the Zoning Commissioner, in writing, within six months after that date, unless he has filed or will file plans as provided in Paragraph 2 below. Within 30 days after he receives the written notice, the Zoning Commissioner shall inform the owner or agent whether the plans are, in fact, on file and, if they are on file, whether they meet the requirements of Section 410.3.C.1. If the plans do not meet those requirements, the owner or agent shall file plans that do meet the requirements, within one year after the effective date of this section.

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

2.

If approved plans of a Class I trucking facility are not on file with the Department of Planning or the Department of Permits, Approvals and Inspections on the effective date of this section, or if the Zoning Commissioner is not notified under Paragraph 1, the owner of or authorized agent for the trucking facility must file plans of the facility, meeting the requirements of Section 410.3.C.1, within one year after that date.

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

3.

Within 30 days after the effective date of this section, the Zoning Commissioner shall publish a checklist of requirements for plans submitted pursuant to Paragraph 2. The checklist must indicate among other things, one or more acceptable scales to which plans must be drawn.

4.

The mere submission of plans under this paragraph will not establish the legality of any Class I trucking facility.

B.

Rulings, etc., as to nonconformance with respect to certain provisions.

1.

Within one year after the date the Zoning Commissioner acknowledges the adequacy of previously filed plans of a trucking facility or accepts new plans for the facility, as provided under Subsection A, he shall review the plans and issue a ruling whether or not the facility conforms with the provisions listed in Paragraph 2 below and, if not conforming with any such provision, whether the nonconformance may be allowed to stand under the provisions of Paragraph 3. If the provision requires the recommendation or approval of authorities other than the Zoning Commissioner, the ruling with respect to conformance with that provision may be made only upon such recommendation or approval.

2.

The provisions with respect to which the Zoning Commissioner shall issue rulings under Paragraph 1 are the following:

Section 409.6.A.3 (automobile parking)

Section 410.3.A.1 (access to streets)

Section 410.3.B.3 (layout such as not to cause congestion)

Section 410.3.B.5 (fencing, etc.)

Section 410.3.B.6 (wheel stops, etc.)

Section 410.3.B.7 (paving and curbing)

Section 410.3.B.8 (drainage)

Section 410.3.B.9 (rest rooms and other conveniences)

Section 410.3.C.2 (concealment of automotive parts, junk vehicles)

3.

A trucking facility's nonconformance with Section 409.6.A.3 shall be allowed to stand if a variance to that section is granted pursuant to Section 307 of these regulations and Article 32, Title 3, Subtitle 3 of the Baltimore County Code. Nonconformance with Section 410.3.A.1 shall be allowed to stand if the site of the trucking facility does not abut a street on which access is permitted under that section or, if it does abut such a street, the county trucking facilities development officials determine that the length of the coextensive street line and site boundary is insufficient to permit proper access from that street. However, in any case where access that is not in accordance with Section 410.3.A.1 is allowed to remain, the Zoning Commissioner shall have the power to prescribe the route that trucks must use in reaching or on leaving the site, in accordance with a recommendation of the county trucking facilities development officials.

[Bill No. 137-2004]

C.

Procedure, etc., in use of nonconformance with respect to certain provisions. If the Zoning Commissioner, under Section 410.1.B.1, rules that a trucking facility does not conform with a provision listed in Section 410.1.B.2 and if the nonconformance with that provision is not allowed to stand under Section 410.1.B.3, one or both of the courses of action set forth in Paragraphs 1 and 2 below must be followed:

1.

Within 90 days of the date of the Zoning Commissioner's ruling, the owner or agent must file with the Zoning Commissioner an acceptable program of compliance, showing that conformance with each provision in question will be achieved within 27 months after the date of the ruling. The program must include, among other things, that the Zoning Commissioner may reasonably require, (a) a plan of the trucking facility as it will be upon conformance as required, and (b) the schedule under which conformance will be achieved. The Zoning Commissioner may refuse to accept any such program that, in his judgment, does not show that approximately half of all the work to be completed under the program will be done by the end of the 15th month after the date of the ruling or does not meet other requirements of these Zoning Regulations. The trucking facility covered by a program of compliance submitted pursuant to this paragraph must be in partial compliance with the provisions in question by the end of the 15th month after the date of the ruling, as shown in the program, and must be in full compliance with all such provisions at the end of the 27th month after the date of the ruling; or

2.

Within 90 days after the date of the Zoning Commissioner's ruling, the owner or agent must file with the Zoning Commissioner a petition requesting that the facility not be required to conform with a provision in question, the petition to be advertised and heard in accordance with the provisions of Section 500.7. No relief may be granted under this paragraph, however, unless the petitioner shows that conformance with the provision would cause undue hardship and would not be in the interest of the general welfare of the community, with particular consideration given to any dwelling within 300 feet of the facility. Such relief may be granted to the extent necessary to eliminate undue hardship, and only to that extent, and only in keeping with the intent of these Zoning Regulations in general and this section in particular; relief may not be granted to an extent detrimental to the general welfare of the community. Where relief is sought but not granted under this paragraph, the Zoning Commissioner shall require a program of compliance such as that provided for under Paragraph 1 above and shall provide for enforcement of that program. In any case, the trucking facility must conform with any provision from which relief is not granted under this paragraph within 27 months of the date of the Zoning Commissioner's ruling pursuant to Section 410.1.B.1.

D.

Effects of failure to comply.

1.

The failure of an owner of or authorized agent for a Class I trucking facility to comply with an applicable requirement of Subsection A or C above or failure to comply with an order by the Zoning Commissioner prescribing a truck route as provided in Paragraph 3 of Subsection B shall constitute a violation of these Zoning Regulations.

2.

The right to continue any Class I trucking facility that was established before the effective date of this section and whose owner or agent has failed to comply with an applicable requirement of Subsection A shall cease three years after that date, unless the facility conforms or has been changed to conform with all provisions of these Zoning Regulations, as if it were a new use.

3.

The right to continue any Class I trucking facility that was established before the effective date of this section and whose owner or agent has complied with the applicable requirements of Subsection A but has failed to comply with an applicable requirement of Subsection C shall cease three years after the date of the Zoning Commissioner's ruling issued pursuant to Paragraph 1 of Subsection B, unless the facility conforms or has been changed to conform with all provisions of these Zoning Regulations, as if it were a new use.

E.

Expansion of nonconforming Class I trucking facilities. The site, structures and paved areas of a nonconforming Class I trucking facility may not be expanded unless the use is made to conform in all respects with these Zoning Regulations or except as follows:

1.

Expansion to the minimum extent necessary to comply with the standards of Section 410.3 may be allowed by the Zoning Commissioner, after public hearing, provided that the expansion is not in excess of that allowed under Section 104 and that, in the judgment of the Zoning Commissioner, the expansion would be in the interest of the general welfare of the community, with particular consideration given to any dwellings within 300 feet of the trucking facility.

2.

Operations of the trucking facility may be enclosed within buildings, even though the construction of buildings or enlargement of existing buildings necessary to do so would result in an expansion beyond the limit imposed under Section 104, provided that the truck facility is in an M.L. or M.H. Zone and that the Zoning Commissioner finds, after public hearing, that the enclosure would lessen the net overall environmental impact of the facility and would otherwise be in the interest of the general welfare of the community.

F.

With the exception of plans for conforming Class II trucking facilities in M.H. Zones, plans approved under this section may be amended only by special exception.

G.

Public information program on provisions of this section and Section 410A. For the period from the beginning of the second month to the end of the 12th month after the date of enactment of this section, the Zoning Commissioner shall implement a program of public information regarding the provisions of this section and Section 410A, with emphasis on the provisions of this subsection and Subsection 410A.1. In particular, he shall endeavor to ensure that any party responsible for complying with these sections is informed of the provisions therein. (However, the failure of the Zoning Commissioner to inform any party of the provisions of these sections will not constitute a legal justification for that party's failure to comply with them.)

No Class I trucking facility or part thereof (including any access point or driveway) established on or after the effective date of this section may be located within 200 feet of a wetland or, with the exception of accessory passenger automobile parking areas, within 300 feet of a dwelling or a residential zone. No passenger automobile parking area or part thereof accessory to a Class I trucking facility may be located within 25 feet of a dwelling or a residential zone.

The standards of this subsection apply to Class I trucking facilities established on or after the effective date hereof, to conforming Class I trucking facilities established before that date and hereafter expanded or otherwise changed, and, to the extent specified in Subsection 410.1, to nonconforming Class I trucking facilities.

A.

Access points.

1.

Any point of access to a public street must be on a public industrial service road, on a major collector street or on an arterial street. However, no access point on a public industrial service road is permitted unless the hearing authority (in the case of a trucking facility permissible by special exception) or the Director of Public Works and Transportation (in the case of a facility permitted as a matter of right) prescribes an appropriate route for trucks traveling to or from the facility or finds that an appropriate route has already been prescribed. (Such a decision may be appealed to the Board of Appeals as provided under Section 602 of the Baltimore County Charter, as amended, and § 32-3-401 of the Baltimore County Code.)

[Bill Nos. 218-1980; 137-2004; 33-2021]

2.

The curb tangent length between access points must be at least 100 feet, except that a shorter length may be allowed or greater length required by the Zoning Commissioner on recommendation of the county trucking facilities development officials. The number, widths and channelization (if any) of access points shall be as required by the Zoning Commissioner, after recommendation of the county trucking facilities development officials and, in the case of access points on a state-maintained highway, recommendation of the State Highway Administration.

B.

Other site and development standards.

1.

Unless the lot on which the facility is situated lies within a planned industrial park, the net area of the lot must be at least three acres and its diametral dimension must be at least 150 feet. (This paragraph does not limit the number of trucking facilities that may be situated on a lot of the minimum size.)

2.

Contrary provisions of these regulations notwithstanding, the trucking facility's floor area ratio may not exceed 0.1.

3.

The layout of improvements must be such as to provide for convenient forward movement of vehicles leaving or entering the site and such as to preclude any likelihood that trucks will be unable to gain immediate access onto the site at any time, as determined by the Zoning Commissioner after recommendation by the county trucking facilities development officials.

4.

The minimum area of the surface that must be provided for parking of truck tractors and trailers on the site, not including maneuvering area, is 1,320 square feet per loading berth. However, a lesser area may be allowed or greater area required by the Zoning Commissioner after recommendation by the County trucking facilities development officials. (See Section 409 for automobile-parking requirements.)

5.

Except in an M.H. Zone, that part of the site devoted to trucking operations (not including the automobile parking area) must be surrounded by security fencing at least six feet high. In any zone, except for approved access points, the site as a whole must be enclosed or partially enclosed by opaque fencing, walls or living screen planting to visually screen the use and its accessory uses from residential zones, from residential premises or from churches, schools, hospitals or other similar institutional uses, and to prevent possible extension of uses beyond the site boundaries. The height of the visual screening must be at least six feet, except that screen planting may be as low as three feet from the ground at the time of planting if it is of such a variety that it can reasonably be expected to be at least six feet high no more than two years after it is planted. In any case, planting must be such as to provide full screening effect within two years after it is planted and must be maintained in good condition. Further, all fencing and screening must be in accordance with adopted design provisions (as defined in Section 101).

6.

Wheel stops or other means must be provided to protect walls, fencing or screen planting.

7.

All parking, loading, maneuvering and storage areas must be paved in accordance with the applicable provisions of Section 409. Curbing at the edges of paved areas must be provided if required by the Zoning Commissioner, on recommendation of the county trucking facilities development officials.

[Bill No. 26-1988]

8.

Proper drainage of the entire site must be provided for. On-site stormwater detention or controlled release facilities may be required by the Department of Public Works and Transportation.

[Bill No. 33-2021]

9.

Adequate rest room facilities (for both sexes), a drivers' room and telephone service for the truck drivers and other personnel must be provided on the site.

10.

Upon the effective date of the Baltimore County Landscape Manual, all landscaping and screening shall be in accordance with such manual adopted pursuant to § 32-4-404 of the Baltimore County Code.

[Bill Nos. 31-1984; 137-2004]

C.

Plans and operation.

1.

The plans for a Class I trucking facility submitted in or with an application to Baltimore County for any permit to establish or alter such a facility, or submitted in pursuance of any provision of these Zoning Regulations, must show the layout and operation of the use in detail that is sufficient for the Zoning Commissioner to determine whether and in what manner the facility will meet the requirements of these Zoning Regulations and must be certified by a professional engineer (licensed as such under the provisions of Title 14 of the Business Occupations and Professions Article of the Annotated Code of Maryland) or by a professional who is not an engineer but who is registered under law as competent to certify the accuracy of the plans. The operation, as well as the development, of the use must be in accord with the approved plans. In particular, the number of vehicles (including trailers) on the site must not at any time exceed the number provided for by the plans.

2.

Automotive parts must be concealed from off-site view. Junk vehicles may not be stored or otherwise situated on the site.

3.

In the granting of a special exception authorizing the establishment of a Class I trucking facility, the Zoning Commissioner may impose (in addition to any other reasonable restriction) reasonable limitations on hours of operation.

A.

Consistency of actions with purposes. Whenever the Zoning Commissioner, the county trucking facilities development officials or any other county official or officials take an action pursuant to the provisions of this section, that action must, where applicable, be as consistent as is feasible with the purposes of this section, as set forth in Subsection B below and elsewhere in this section, and with the other purposes of these regulations in general (including the purposes set forth in Article 32 of the Baltimore County Code.

[Bill No. 137-2004]

B.

Purposes. In addition to other purposes implied or expressed in other provisions, the purposes of this section are:

1.

To promote the spatial consolidation of trucking facilities, such as joint use of larger sites, so that the number of locations or trucking facilities will not be excessive with respect to the public interest and so as to provide for greater flexibility in the layout of individual sites.

2.

To assure that the improvements of the sites of existing and future Class I trucking facilities are of such design, quality or character that they will not be likely to deteriorate in such a way that a public nuisance would be created or that the public interest would otherwise be adversely affected.

3.

To minimize heavy truck traffic on motorways other than freeways, expressways or arterial streets.

4.

To minimize the off-premises parking or storage of vehicles associated with existing and future Class I trucking facilities.

5.

To promote the on-site provision of important conveniences so that employees or others associated with existing and future Class I trucking facilities need not seek such conveniences in or about the homes or business establishments of others or in other inappropriate places.

6.

To provide the county government with plans and other records that are sufficiently detailed to afford proper administration of this section and related provisions.

7.

In general, to accommodate trucking activities, in recognition of their importance to the economy of the county and the nation, while minimizing the impact of existing and future Class I trucking facilities on the environment and achieving an optimum level of compatibility between such facilities and nearby uses, especially dwellings and institutional uses.

The provisions of this subsection apply to Class II trucking facilities existing on the effective date of this section.

A.

Plans.

1.

If the owner of or authorized agent for a Class II trucking facility believes that approved plans of that facility are on file with the Department of Planning or Department of Permits, Approvals and Inspections on the effective date of this section, he must so notify the Zoning Commissioner, in writing, within six months after that date, unless he has filed or will file plans as provided in Paragraph 2 below. Within 30 days after he receives the written notice, the Zoning Commissioner shall inform the owner or agent whether the plans are, in fact, on file and, if they are on file, whether they meet the requirements of Section 410A.3.C.1. If the plans do not meet those requirements, the owner or agent shall file plans that do meet the requirements within one year after the effective date of this section.

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

2.

If approved plans of a Class II trucking facility are not on file with the Department of Planning or the Department of Permits, Approvals and Inspections on the effective date of this section or if the Zoning Commissioner is not notified in accordance with Paragraph 1, the owner of or authorized agent for the trucking facility must file plans of the facility, meeting the requirements of Section 410A.3.C.1, within one year after that date.

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

3.

Within 30 days after the effective date of this section, the Zoning Commissioner shall publish a checklist of requirements for plans submitted pursuant to Paragraph 2. The checklist must indicate, among other things, one or more acceptable scales to which plans must be drawn.

4.

The mere submission of plans under this paragraph will not establish the legality of any Class II trucking facility.

B.

Rulings, etc., as to nonconformance with respect to certain provisions.

1.

Within one year after the date the Zoning Commissioner acknowledges the adequacy of previously filed plans of a trucking facility or accepts new plans for the facility, as provided under Subsection A, he shall review the plans and issue a ruling whether or not the facility conforms with the provisions listed in Paragraph 2 below and, if not conforming with any such provision, whether the nonconformance may be allowed to stand under the provisions of Paragraph 3. If the provision requires the recommendation or approval of authorities other than the Zoning Commissioner, the ruling with respect to conformance with that provision may be made only upon such recommendation or approval.

2.

The provisions with respect to which the Zoning Commissioner shall issue rulings under Paragraph 1 are the following:

Section 409.6.A.3 (automobile parking)

Section 410A.3.A.1 (access to streets)

Section 410A.3.B.2 (layout such as not to cause congestion)

Section 410A.3.B.4 (fencing, etc.)

Section 410A.3.B.5 (wheel stops, etc.)

Section 410A.3.B.6 (paving and curbing)

Section 410A.3.B.7 (drainage)

Section 410A.3.B.8 (rest rooms and other conveniences)

Section 410A.3.C.2 (concealment of automotive parts; junk vehicles)

3.

A trucking facility's nonconformance with Section 409.6.A.3 shall be allowed to stand if a variance to that paragraph is granted pursuant to Section 307 of these regulations and Article 32, Title 3, Subtitle 3 of the Baltimore County Code. Nonconformance with Section 410A.3.A.1 shall be allowed to stand if the site of the trucking facility does not abut a street on which access is permitted under that paragraph or, if it does abut such a street, the county trucking facilities development officials determine that the length of the coextensive street line and site boundary is insufficient to permit proper access from that street. However, in any case where access that is not in accordance with Section 410A.3.A.1 is allowed to remain, the Zoning Commissioner shall have the power to prescribe the route that trucks must use in reaching or on leaving the site, in accordance with a recommendation of the county trucking facilities development officials.

[Bill No. 137-2004]

C.

Procedure, etc., in case of nonconformance with respect to provisions. If the Zoning Commissioner, under Section 410A.1.B.1 rules that a trucking facility does not conform with a provision listed in Section 410A.1.B.2 and if the nonconformance with that provision is not allowed to stand under Section 410A.1.B.3, one or both of the courses of action set forth in Paragraphs 1 and 2 below must be followed:

1.

Within 90 days of the date of the Zoning Commissioner's ruling, the owner or agent must file with the Zoning Commissioner an acceptable program of compliance, showing that conformance with each provision in question will be achieved within 27 months after the date of the ruling. The program must include, among other things that the Zoning Commissioner may reasonably require (a) a plan of the trucking facility as it will be upon conformance as required, and (b) the schedule under which conformance will be achieved. The Zoning Commissioner may refuse to accept any such program that, in his judgment, does not show that approximately half of all the work to be completed under the program will be done by the end of the 15th month after the date of the ruling or does not meet other requirements of these Zoning Regulations. The trucking facility covered by a program of compliance submitted pursuant to this paragraph must be in partial compliance with the provisions in question by the end of the 15th month after the date of the ruling, as shown in the program, and must be in full compliance with all such provisions at the end of the 27th month after the date of the ruling; or

2.

Within 90 days after the date of the Zoning Commissioner's ruling, the owner or agent must file with the Zoning Commissioner a petition requesting that the facility not be required to conform with a provision in question, the petition to be advertised and heard in accordance with the provisions of Section 500.7. No relief may be granted under this paragraph, however, unless the petitioner shows that conformance with the provision would cause undue hardship and would not be in the interest of the general welfare of the community, with particular consideration given to any dwellings within 300 feet of the facility. Such relief may be granted to the extent necessary to eliminate undue hardship, and only to that extent, and only in keeping with the intent of these Zoning Regulations in general and this section in particular; relief may not be granted to an extent detrimental to the general welfare of the community. Where relief is sought but not granted under this paragraph, the Zoning Commissioner shall require a program of compliance such as that provided for under Paragraph 1 above and shall provide for enforcement of that program. In any case, the trucking facility must conform with any provision from which relief is not granted under this paragraph within 27 months of the date of the Zoning Commissioner's ruling pursuant to Section 410A.1.B.1.

D.

Effects of failure to comply.

1.

The failure of an owner of or authorized agent for a Class II trucking facility to comply with an applicable requirement of Subsection A or C above or failure to comply with an order by the Zoning Commissioner prescribing a truck route as provided in Paragraph 3 of Subsection B shall constitute a violation of these Zoning Regulations.

2.

The right to continue any Class II trucking facility that was established before the effective date of this section and whose owner or agent has failed to comply with an applicable requirement of Subsection A shall cease three years after that date, unless the facility conforms or has been changed to conform with all provisions of these Zoning Regulations, as if it were a new use.

3.

The right to continue any Class II trucking facility that was established before the effective date of this section and whose owner or agent has complied with the applicable requirements of Subsection A but has failed to comply with an applicable requirement of Subsection C shall cease three years after the date of the Zoning Commissioner's ruling issued pursuant to Paragraph 1 of Subsection B, unless the facility conforms or has been changed to conform with all provisions of these Zoning Regulations, as if it were a new use.

E.

Expansion of nonconforming Class II trucking facilities. The site, structures and paved areas of a nonconforming Class II trucking facility may not be expanded unless the use is made to conform in all respects with these zoning regulations or except as follows:

1.

Expansion to the minimum extent necessary to comply with the standards of Section 410A.3 may be allowed by the Zoning Commissioner, after public hearing, provided that the expansion is not in excess of that allowed under Section 104 and that, in the judgment of the Zoning Commissioner, the expansion would be in the interest of the general welfare of the community, with particular consideration given to any dwellings within 300 feet of the trucking facility.

2.

Operations of the trucking facility may be enclosed within buildings, even though the construction of buildings or enlargement of existing buildings necessary to do so would result in an expansion beyond the limit proposed under Section 104, provided that the trucking facility is in an M.L. or M.H. Zone and that the Zoning Commissioner finds, after public hearing, that the enclosure would lessen the net overall environmental impact of the facility and would otherwise be in the interest of the general welfare of the community.

F.

With the exception of plans for conforming Class II trucking facilities in M.H. Zones, plans approved under this section may be amended only by special exception.

Proximity to residential zone or wetland. No Class II trucking facility or part thereof (including any access point or driveway) established on or after the effective date of this section may be located within 200 feet of a wetland or, with the exception of accessory passenger automobile parking areas, within 300 feet of a dwelling or a residential zone. No passenger automobile parking area or part thereof accessory to a Class II trucking facility may be located within 25 feet of a dwelling or a residential zone.

The standards of this subsection apply to Class II trucking facilities established on or after the effective date hereof, to conforming Class II trucking facilities established before that date and hereafter expanded or otherwise changed, and, to the extent specified in Section 410A.1, to nonconforming Class II trucking facilities.

A.

Access points.

1.

Any point of access to a public street must be on a public industrial service road, on a major collector street or on an arterial street. However, no access point on a public industrial service road is permitted unless the hearing authority (in the case of a trucking facility permissible by special exception) or the Director of Public Works and Transportation (in the case of a facility permitted as a matter of right) prescribes an appropriate route for trucks traveling to or from the facility or finds that an appropriate route has already been prescribed. (Such a decision may be appealed to the Board of Appeals as provided under Section 602 of the Baltimore County Charter, as amended, and § 32-3-401 of the Baltimore County Code.)

[Bill Nos. 218-1980; 137-2004; 33-2021]

2.

The curb tangent length between access points must be at least 100 feet, except that a shorter length may be allowed or greater length required by the Zoning Commissioner on recommendation of the county trucking facilities development officials. The number, widths and channelization (if any) of access points shall be as required by the Zoning Commissioner, after recommendation of the county trucking facilities development officials and, in the case of access points on a state-maintained highway, recommendation of the State Highway Administration.

B.

Other site and development standards.

1.

Unless the lot on which the facility is situated lies within a planned industrial park, the net area of the lot must be at least five acres and its diametral dimension must be at least 150 feet. (This paragraph does not limit the number of trucking facilities that may be situated on a lot of the minimum size.)

2.

The layout of improvements must be such as to provide for convenient forward movement of vehicles leaving or entering the site and such as to preclude any likelihood that trucks will be unable to gain immediate access onto the site at any time, as determined by the Zoning Commissioner after recommendation by the county trucking facilities development officials.

3.

At least 75 percent of that part of the site devoted to trucking operations must be devoted to parking of truck tractors and trailers, not including maneuvering area. (See Section 409 for automobile parking requirements.)

4.

Except in an M.H. Zone, that part of the site devoted to trucking operations (not including the automobile parking area) must be surrounded by security fencing at least six feet high. In any zone, except for approved access points, the site as a whole must be enclosed or partially enclosed by opaque fencing, walls or living screen planting to visually screen the use and its accessory uses from residential zones, from residential premises or from churches, schools, hospitals or other similar institutional uses, and to prevent extension of uses beyond the site boundaries. The height of the visual screening must be at least six feet, except that screen planting may be as low as three feet from the ground at the time of planting if it is of such a variety that it can reasonably be expected to be at least six feet high no more than two years after it is planted. In any case, planting must be such as to provide full screening effect within two years after it is planted and must be maintained in good condition. Further, all fencing and screening must be in accordance with adopted design provisions (as defined in Section 101).

5.

Wheel stops or other means must be provided to protect walls, fencing or screen planting.

6.

All parking, loading, maneuvering and storage areas must be paved in accordance with the applicable provisions of Section 409. Curbing at the edges of paved areas must be provided if required by the Zoning Commissioner, on recommendation of the county trucking facilities development officials.

[Bill No. 26-1988]

7.

Proper drainage of the entire site must be provided for. On-site stormwater detention or controlled-release facilities may be required by the Department of Public Works and Transportation.

[Bill No. 33-2021]

8.

Adequate rest room facilities (for both sexes), a drivers' room and telephone service for the truck drivers and other personnel must be provided on the site.

9.

Upon the effective date of the Baltimore County Landscape Manual, all landscaping and screening shall be in accordance with such manual adopted pursuant to § 32-4-404 of the Baltimore County Code.

[Bill Nos. 31-1984; 137-2004]

C.

Plans and operation.

1.

The plans for a Class II trucking facility submitted in or with an application to Baltimore County for any permit to establish or alter such a facility, or submitted in pursuance of any provision of these Zoning Regulations, must show the layout and operation of the use in detail that is sufficient for the Zoning Commissioner to determine whether and in what manner the facility will meet the requirements of these Zoning Regulations and must be certified by a professional engineer or other competent professional (as described in Section 410.3.C.1). The operation, as well as the development, of the use must be in accord with the approved plans. In particular, the number of vehicles (including trailers) on the site must not at any time exceed the number provided for by the plans.

2.

Automotive parts must be concealed from off-site view. Junk vehicles may not be stored or otherwise situated on the site.

3.

In the granting of a special exception authorizing the establishment of a Class II trucking facility, the Zoning Commissioner may impose (in addition to any other reasonable restriction) reasonable limitations on hours of operation.

A.

Consistency of actions with purposes. Whenever the Zoning Commissioner, the county trucking facilities development officials or any other county official or officials take an action pursuant to the provisions of this section, that action must, where applicable, be as consistent as is feasible with the purposes of this section, as set forth in Subsection B below and elsewhere in this section, and with the other purposes of these regulations in general (including the purposes set forth in Article 32 of the Baltimore County Code).

[Bill No. 137-2004]

B.

Purposes. In addition to other purposes implied or expressed in other provisions, the purposes of this section are:

1.

To promote the spatial consolidation of trucking facilities, such as joint use of larger sites, so that the number of locations of trucking facilities will not be excessive with respect to the public interest and so as to provide for greater flexibility in the layout of individual sites.

2.

To assure that the improvements on the sites of existing and future Class II trucking facilities are of such design, quality or character that they will not be likely to deteriorate in such a way that a public nuisance would be created or that the public interest would otherwise be adversely affected.

3.

To minimize heavy-truck traffic on motorways other than freeways, expressways or arterial streets.

4.

To minimize the off-premises parking or storage of vehicles associated with existing and future Class II trucking facilities.

5.

To promote the on-site provision of important conveniences so that employees or others associated with existing and future Class II trucking facilities need not seek such conveniences in or about the homes or business establishments of others or in other inappropriate places.

6.

To provide the county government with plans and other records that are sufficiently detailed to afford proper administration of this section and related provisions.

7.

In general, to accommodate trucking activities, in recognition of their importance to the economy of the county and the nation. While minimizing the impact of existing and future Class II trucking facilities on the environment and achieving an optimum level of compatibility between such facilities and nearby uses, especially dwellings and institutional uses.

The use must be needed for the proper rendition of the public utility's service, and the location thereof shall not seriously impair the use of neighboring property.

In any residential zone in the Metropolitan District of Baltimore County, public utility buildings and structures, to the extent practicable, shall have an exterior appearance harmonious with the general character of the neighborhood, including architectural treatment, landscaping, screen planting and/or fencing, and plans therefor shall be approved by the Zoning Commissioner.

Electric light and power transmission lines carrying more than 35,000 volts shall be governed by the following principles, standards, rules, conditions and safeguards (in addition to the foregoing):

A.

For the purposes of the control of the location and construction of such electric light and power transmission lines, there is hereby created an additional zone which shall conform to the present or future boundaries of the Metropolitan District of Baltimore County and be known as the "Metropolitan Zone." ^[23]

Within the said Metropolitan Zone, but excluding manufacturing zones therein, the Zoning Commissioner or the County Board of Appeals, upon appeal, shall have the power to require that such electric light and power transmission lines or portions thereof be located underground in cables or conduits. In the exercise of such power, the Zoning Commissioner and the County Board of Appeals, upon appeal, shall consider and be guided by the following factors and standards:

1.

The crossing of much traveled highways or streets.

2.

The proximity of the line to any school, church, theater, club, museum, fairground, racetrack or other place where persons may congregate.

3.

The probability of extensive flying over the area and its general nearness to any airport.

4.

Any fire hazard or interference with fire-fighting equipment due to the location and construction of the proposed line.

5.

The future conditions to be reasonably anticipated in each such area in the normal course of development.

6.

The said Commissioner or Board, on appeal, may also consider the comparative costs of underground and overhead construction, including not only reasonable estimates of rights-of-way cost but also estimated damage to neighboring property, whether or not the owners of such property would be legally entitled to compensation for such damage; but the fact that the total cost to the applicant of placing a line or any portion thereof underground would be greater than locating it overhead, in any given case, shall not in itself be deemed sufficient cause to prevent a requirement for underground construction.

7.

Any other matter or thing deemed by the Commissioner or Board to be material in connection with the public health, safety or general welfare.

[Bill No. 73-2019]

A.

Public utility service centers and public utility storage yards within the western subarea of the Honeygo Area are permitted by right in all business zones and by special exception within the D.R. zones, in accordance with this Section. If a conflict arises between the provisions of Section 411.4 and any other specific Sections of these Zoning Regulations, Section 411.4 shall govern.

B.

All public utility service centers and public utility storage yards in the western subarea of the Honeygo Area are solely subject to the following performance standards.

1.

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.

2.

Rooftop equipment shall be screened so it is not visible from the ground level of adjacent buildings.

3.

Signage shall be limited to one masonry faced, ground mounted identification sign per road frontage, and one directional sign per road frontage.

4.

Fencing along Belair Road shall be decorative in design in accordance with the Comprehensive Manual of Development Policies (CMDP) and set back at least 20 feet from an adjacent public right-of-way. Fencing adjacent to any single-family lot shall be designed to shield vehicle headlights and be set back at least 30 feet.

5.

At least a 15-foot-wide landscaped buffer shall be provided between any parking space and a public right-of-way.

6.

Any parking space located on D.R. zoned property shall be set back at least 75 feet from any adjoining single-family lot.

7.

Lighting shall be designed to limit light trespass onto neighboring properties and limit useage during periods of inactivity to security lighting only.

This section is intended to help minimize the short- and long-term effects of sanitary and rubble landfills through the following:

A.

Requiring a buffer area around the site prior to filling in order to effectively screen adjacent properties from dust, noise, odor and view.

B.

A transition area between the site and its environs by using landform grading and plantings in order to improve the appearance of the site at reclamation.

C.

Strategically locating landfill sites in order to minimize truck traffic through residential neighborhoods.

D.

Requiring that the site meet all federal, state and county environmental regulations prior to receiving a building permit in order to minimize the environmental impacts of the site.

Landfills must comply with all applicable regulations and permit requirements of Baltimore County and the State of Maryland.

[Bill Nos. 58-2004 ^[25]

Any landfill for which a development plan was approved, pursuant to Bill 1-1992, as amended, prior to the effective date of Bill No. 28-1997 shall comply with the landfill requirements in effect at the time of the original approval. The zoning regulations in effect at the time of the approval of the development plan for the original landfill shall apply to any subsequent expansion, refinement or material amendment to the development plan for the landfill. Landscaping or screening shall be provided within the 100-foot-wide buffer area as may be required by the Director of Permits, Approvals and Inspections.

A.

Applications for approval of additional rubble landfills in Baltimore County may not be considered unless the Director of Public Works and Transportation finds that:

[Bill No. 33-2021]

1.

A shortage of landfill capacity currently exists for the disposal of rubble waste generated in Baltimore County;

2.

It is anticipated that there will be a shortage of landfill capacity for the disposal of rubble waste generated in Baltimore County within five years from the date of the finding; or

3.

Additional rubble landfill capacity is needed in Baltimore County to comply with any regional agreement in effect on the date of the finding.

B.

The site for a sanitary or rubble landfill shall be a minimum of 50 acres.

C.

An area no less than 500 feet wide paralleling the boundaries of the site or paralleling any public right-of-way which bisects the site shall be considered the "edge" of the landfill. The "edge" shall consist of the following:

1.

A 300-foot-wide buffer area established along the outer perimeter of the edge.

a.

The buffer area may not be filled with rubble or sanitary fill.

b.

If the buffer area is forested, it shall remain undisturbed, except as may be required for approved access roads or other regulatory compliance measures.

c.

If the buffer area is not forested:

(1)

Screening shall be established within the buffer area before filling may begin.

(a)

Screening shall include at least one planting unit, as defined in the Landscape Manual, for every 200 square feet of buffer area, with 75 percent of the planting units consisting of evergreen and deciduous trees.

(b)

Evergreen trees shall be at least ten feet high; deciduous trees shall have a minimum caliper of three inches at the time of planting.

(c)

The Zoning Commissioner may also require a solid barrier fence or low berm.

(2)

The buffer area may be graded or filled to create an earth berm or to achieve an appropriate grade. If the buffer is graded or filled:

(a)

The height of the berm shall be no greater than ten feet, as measured at the nearest property line or right-of-way.

(b)

Only cover material, as defined in § 13-4-101 of the Baltimore County Code, sufficient to support the plantings required for the vegetative screen shall be used as fill.

[Bill No. 137-2004]

(c)

The disturbed area shall be finished with eight inches of topsoil.

2.

A 200-foot-wide transition area extending inward from the buffer area.

a.

The transition area, if filled, shall be filled only with rubble, as defined by Section 101 of these regulations, or cover material, as defined by § 13-4-101 of the Baltimore County Code.

[Bill No. 137-2004]

b.

If a fill embankment is higher than ten feet above the existing grade at the boundary between the buffer and transition areas, it shall consist of a continuous series of concave and convex sculpted forms, with variable slope gradients and ridge lines that are nonlinear in plain view. The average slope shall be 4:1.

c.

At completion of a landfill, the height of the highest point above the existing grade at the boundary between the buffer and transition areas shall be no greater than 30 feet.

d.

Any part of the transition area which is filled with rubble shall be:

(1)

Capped in accordance with applicable state and county regulations.

(2)

Topped with cover material of sufficient quality and depth to support the planned vegetation and protect the cap.

(3)

Finished with an additional eight inches of topsoil.

e.

The remaining vegetation in the transition area shall consist of at least one planting unit, as defined by the Landscape Manual, for each 500 square feet of the transition area. At least 50 percent of the planting units shall consist of evergreen and deciduous trees of the minimum size prescribed in the Landscape Manual. Trees located on any area of the site which is capped shall be of a type that will not penetrate the cap.

3.

In the buffer and transition areas:

a.

Trees shall be planted in or near swales where natural precipitation collects to ensure adequate water.

b.

All landscaped areas shall be irrigated as needed and dead plants replaced, consistent with Section 412.4.C.3.c below. Damaged or deteriorating fencing, walls or other screening shall be properly repaired or replaced. The responsibility for compliance with these provisions extends in perpetuity and lies with all of the parties that individually or collectively have an ownership or lease interest in a landfill.

c.

The applicant shall demonstrate to the satisfaction of state and local regulatory authorities that berms and swales will not result in the ponding of stormwater or the generation of significant quantities of leachate into any area which contains buried sanitary or rubble fill.

d.

Consideration for approval of a special exception shall occur at a combined hearing pursuant to § 32-4-230 of the Baltimore County Code.

[Bill No. 137-2004]

(1)

The concept plan submitted pursuant to Article 34, Title 4, Subtitle 2, Part II of the Baltimore County Code shall show, or be accompanied by, a schematic reclamation plan to fulfill the requirements of this section. The reclamation plan shall:

[Bill No. 137-2004]

(a)

Be comprised of schematic forest establishment, grading and landscape plans showing the planned topography and vegetation after the conclusion of the landfilling operation.

(b)

Show any structures or uses planned for the site, including active recreational uses such as ball fields.

(c)

Include grading and landscape plans at a scale of one inch equals 40 feet, perspective cross sections and other illustrations to clearly show how the 500-foot landfill edge will look during the landfill operation and after reclamation.

(d)

Show, or be accompanied by, a schematic plan indicating the interim grading and landscaping to be used for screening while the landfilling continues.

(2)

The concept plan shall be accompanied by a traffic study which identifies existing and proposed points of access to the site, access routes and whatever additional information is required to enable the Zoning Commissioner to make a determination on whether:

(a)

The width of the roadways will accommodate the anticipated truck traffic.

(b)

The construction of the roadways will accommodate the anticipated truck traffic while maintaining a durable and dustless surface, as defined in these regulations.

(c)

Access will be provided along the roads classified at least as arterial, as designated on the most recently approved federal highway functional classification map.

(3)

The development plan shall be accompanied by and shall be consistent with the reclamation plan approved pursuant to Section 412.5 below. Unless the plan for interim grading and landscaping is incorporated into the approved reclamation plan, the interim measures shall be shown on the development plan or on an accompanying plan.

(4)

The applicant for a landfill (land disposal) permit shall be required to post a security for landform grading, landscaping and revegetation of a landfill site to ensure completion of such improvements, in accordance with the procedures of § 32-4-312 of the Baltimore County Code. This security shall be in addition to any other security required by the Department of Environmental Protection and Sustainability or any other county agency.

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

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

A post-use land reclamation plan approved by the Baltimore County Soil Conservation District, Baltimore County Department of Planning, and Department of Environmental Protection and Sustainability is required before the use may be authorized by the Zoning Commissioner.

[Bill No. 122-2010]

The Department of Environmental Protection and Sustainability periodically shall inspect a rubble landfill in order to monitor the type of waste material being received for disposal.

The purpose and intent of this section is to implement regulations to govern the disposal of stabilized sludge from community, municipal and industrial wastewater treatment facilities with respect to location, method and quantity. It is further the purpose of this section to designate the location of the various disposal sites in such a manner that they will be consistent with designated land uses and will not adversely impact the health, safety or environment of those who live or work in Baltimore County due to the presence of pathogenic organisms, parasites, heavy metals or other materials which may have adverse effects on humans or may contaminate crops, groundwater or surface water. Certain areas of the county are excluded from being considered for any of the various disposal methods. Steep slope areas, for example, are unsuitable. The disposal of treated sludge in areas which have been identified as suitable through the special exception process will be subject to close scrutiny and supervision by officials of the Baltimore County Department of Health.

A.

Co-landfilling.

1.

Co-landfilling shall not be permitted within 300 feet of a residence or within 100 feet of an adjoining property line.

2.

A site plan indicating the proposed use of the site upon completion of the project shall be submitted for approval by the Director of Planning.

3.

There shall be no co-landfilling within a minimum of 200 feet of any surface water, including springs, seeps or intermittent streams. Greater distances may be required based on factors that include but are not limited to: steepness of slopes, moisture saturation of the soil and season of the year.

4.

Access points, screening, fencing or other methods of securing the site shall be provided at such locations and be of such types as may be required by the Zoning Commissioner on the recommendations of the Director of Planning.

5.

Co-landfilling rates, method of operation and maintenance shall be governed by criteria established by the Baltimore County Department of Health.

6.

A declaration describing the property and stating that same has been used for co-landfilling sludge shall be filed by the property owner among the land records of Baltimore County as a condition of any grant under the special exception petition.

B.

Composting.

1.

No composting of material shall take place within 300 feet of a residence or within 100 feet of an adjoining property line.

2.

No composting shall be permitted within a minimum of 200 feet of any surface water, including springs, seeps and intermittent streams. Greater distances may be required based on factors that include but are not limited to: steepness of slopes, moisture saturation of the soil and season of the year.

3.

A site plan indicating the proposed use of the site upon completion of the project shall be submitted for approval by the Director of Planning and the Baltimore County Department of Health.

4.

Access points, screening, fencing or other methods of securing the site shall be provided at such locations and be of such types as may be required by the Zoning Commissioner on the recommendations of the Director of Planning.

5.

Method of operation and maintenance shall be governed by criteria established by the Baltimore County Department of Health.

6.

A declaration describing the property and stating that same has been used for sludge composting shall be filed by the property owner among the land records of Baltimore County as a condition of any grant under the special exception petition.

C.

Handling in general.

1.

Any proposed use within this provision shall not take place within 300 feet of a residence or within 100 feet of an adjoining property line.

2.

Any proposed use within this provision shall not be located on slopes greater than 15 percent.

3.

No handling of sludge shall be permitted within a minimum of 200 feet of any surface water, including springs, seeps and intermittent streams. Greater distances may be required based on factors that include but are not limited to: steepness of slopes, moisture saturation of the soil and season of the year.

4.

A site plan indicating the proposed use of the site upon the completion of the project shall be submitted for approval by the Director of Planning and the Baltimore County Department of Health.

5.

Access points, screening, fencing or other methods of securing the site shall be provided at such locations and be of such types as may be required by the Zoning Commissioner on recommendations of the Director of Planning.

6.

Methods of operation and maintenance of facilities shall be governed by criteria established by the Baltimore County Department of Health.

7.

A declaration describing the property and stating that same has been used for handling of sludge shall be filed by the property owner among the land records of Baltimore County as a condition of any grant under the special exception petition.

D.

Incineration.

1.

Incineration structure and loading and processing areas and structures must be at least 200 feet from any residence and 100 feet from all property lines.

2.

Access points, screening, fencing or other methods of securing the site shall be provided at such locations and be of such types as may be required by the Zoning Commissioner on the recommendations of the Director of Planning.

3.

Operation, maintenance and disposal of ash material shall be governed by criteria established by the Baltimore County Department of Health.

E.

Landspreading.

1.

No landspreading shall be permitted within 300 feet of a residence or within 100 feet of an adjoining property line except for those areas where used for agricultural purposes.

2.

No landspreading shall be permitted on slopes greater than 15 percent. However, stricter limitation may be imposed when so determined by the Zoning Commissioner and/or the Baltimore County Health Officer.

3.

No landspreading shall be permitted within a minimum of 200 feet of any surface water, including springs, seeps and intermittent streams. Greater distances may be required based on factors that include but are not limited to: steepness of slopes, moisture saturation of the soil and season of the year.

4.

A site plan indicating the proposed use of the site upon the completion of the project shall be submitted for approval by the Director of Planning and the Baltimore County Department of Health.

5.

Access points, screening, fencing or other methods of securing the site shall be provided at such locations and be of such types as may be required by the Zoning Commissioner on recommendations of the Director of Planning.

6.

Application rates and methods of operation shall be governed by criteria established by the Baltimore County Department of Health.

7.

A sediment control plan, prepared by a professional engineer, similar to that required for construction projects, shall be submitted to and approved by the local soil conservation district, and such approved plan shall be incorporated as part of any grant under the special exception petition.

8.

A declaration describing the property and stating that same has been used for sludge landspreading shall be filed by the property owner among the land records of Baltimore County as a condition of any grant under the special exception petition.

9.

In addition to the findings required under Section 502.1, the Zoning Commissioner and the Board of Appeals, on appeal, shall determine that:

a.

The application rates on designated agricultural land shall be consistent with the long-term productivity of the soil for food chain crops and the application shall be performed in a manner consistent with good agricultural practices at rates not exceeding the published guidelines, as amended from time to time, by the Agronomy Department of the University of Maryland. Application rates for nonagricultural land shall be consistent with the site plan approved by the Director of Planning and the Baltimore County Department of Health.

b.

Landspreading shall be carried out using only those types of equipment which will result in a uniform application of the sludge. Any such equipment shall include calibration capabilities.

[Bill No. 71-2021]

A.

A compressed natural gas fueling facility, as defined in Section 101.1 of these regulations, is permitted in the M.H.-I.M. Zone only.

B.

A compressed natural gas fueling facility shall not be located within 1,000 feet of a property that is residentially zoned at the time use and occupancy permits are issued for a facility.

[Bill No. 71-2021]

A.

A compressed natural gas fueling facility may include:

1.

A slow-fill component that is fully secured and screened, accessible only by pre-approved fleet companies, and utilized for filling the authorized vehicles during a prolonged, pre-determined, and scheduled period of time (typically overnight); and

2.

A fast-fill component that is available 24 hours per day, seven days per week, for use by commercial or municipal vehicles utilizing fully automated distribution equipment.

B.

Both the slow-fill and fast-fill components shall include video surveillance, automated safety shut-off, and fire prevention systems consistent with NFPA 52, and shall be remotely monitored for safety and performance.

[Bill No. 71-2021]

A compressed natural gas fueling facility shall not provide any of the uses in combination contained in Section 405.4.E of these regulations.

[Bill No. 71-2021]

A.

A compressed natural gas fueling facility shall provide two parking spaces for each slow-fill dispenser connection, which shall accommodate one space for each vehicle connected to the dispenser, plus one additional space for an ancillary vehicle.

B.

The fast-fill dispenser connection shall not require any spaces.

The area of the lot on which such park is to be located shall be not less than five acres.

An area of not less than 3,000 square feet shall be allocated to each mobile home, which must be connected to sewer, water and electricity.

Each mobile home space shall abut or face on a driveway or unobstructed space of not less than 30 feet in width, which space shall have unobstructed access to a public highway. It shall be hard-surfaced and adequately lighted.

No mobile home or service building or structure used in connection therewith shall be placed or permitted within 100 feet of the road or street upon which the lot or area so used for such park fronts or within 75 feet of any other boundary line of such lot or area.

There shall be a space of not less than 20 feet between each mobile home and also a space of not less than 25 feet between any mobile home and any service building or structure used in connection with such park.

No such mobile home park nor any service building or structure used in connection therewith shall be established or operated without the approval of and subject to the regulations and requirements of the Baltimore County Health Department. Written approval shall be a required condition prior to issuance of a permit.

Revisions to a site plan to be approved under Section 414.5 may show typical site dimensions rather than the exact layout of every site, in order to give the management flexibility to replace obsolete units with new ones of different sizes and shapes. All revisions must be approved as stated in Section 502.10.

No person shall occupy a mobile home except as follows and subject to the provisions of Section 415.6:

A.

In an approved mobile home park, in those zones where permitted as a special exception.

B.

On a farm comprising 25 acres or more, in those zones where permitted and subject to Section 415.4.

C.

On a tract comprising 25 acres or more, outside the Metropolitan District of Baltimore County, but any mobile home so used must be located not less than 1,000 feet from any other mobile home.

D.

On a tract of from one to 25 acres, outside the Metropolitan District of Baltimore County, in those zones where permitted as a special exception.

E.

On a type or size of site not covered by Section 415.1.B or C, if the mobile home was being used as a residence prior to the date of October 26, 1964, and subject to the provisions of Section 415.3.B.

F.

By a nonpaying guest of the owner of land using a mobile home belonging to the guest for not more than a total of 90 days in any calendar year.

G.

For temporary living purposes as provided for in Section 415.2.B.1.

No person shall occupy, store or park a trailer for business or industrial purposes except as follows and subject to the provisions of Section 415.6:

A.

In a residential zone:

1.

For temporary office and accessory purposes incidental to construction on or development of the premises on which the trailer(s) is located, and in compliance with Section 415.3.A below, but not closer than 50 feet to any adjoining residential lot if such is occupied by a residence within 50 feet of the joint property line.

2.

For purposes noted in Subsection 415.2.A.1, but where too small a lot is involved to permit 50-foot setbacks from adjoining lots, the Zoning Commissioner may approve issuance of a temporary permit for one trailer for such nonresidential use for a period not to exceed 90 days, subject to the same minimum yard requirements as are applicable to a permanent dwelling in that zone.

B.

In a business or industrial zone:

1.

As a temporary use for living, business or industrial purposes during a construction period, subject to the same minimum yard requirements as are applicable to permanent structures in that zone.

2.

As a continuing use for a sales office in connection with the following types of outdoor retail sales areas, subject to the requirements of the zone where located and to the provisions of Section 415.6:

Farm products

Garden supplies and plants

Trailer sales and storage

Used motor vehicles, separated from sales agency buildings

3.

As a temporary permitted use for the solicitation and donation of items of personal property to be donated or recycled for reuse, provided the trailer is placed on a paved surface and is manned during normal business hours and located on:

a.

The parking lot of a shopping center in a B.M.-C.T. District or a B.M.-D.T. District;

b.

The parking lot of a shopping center in a B.L.-C.C.C. District that has a gross area of at least five acres; or

c.

A property in a B.M.-D.T. District that is unimproved and located within one mile of the commuter shed at York Road and Fairmount Avenue.

[Bill Nos. 131-2020; 45-2021; 80-2021]

A.

In any cases covered by Sections 415.1.B, C, D, E and F and 415.2.A.1, the mobile home or trailer must be located so as to meet all minimum yard requirements for a dwelling, but in no case may the mobile home or trailer be located closer to a street than any existing dwelling located on an adjoining lot and fronting on such street, except that such setback need not exceed 200 feet.

B.

In any cases covered by Subsection 415.1E, the owner must apply for a permit, as required in Section 415.4, within 90 days after adoption of this amended Section 415.

C.

Storage or parking of trailers or mobile homes.

1.

In a residential zone, a trailer or mobile home may be stored or parked by the owner in a garage or other accessory building, or in the rear half of a lot, subject to the applicable side and rear setbacks, but in no case less than 25 feet from the property line. In no such case is residential occupancy permitted, nor is more than one trailer or mobile home permitted to be stored or parked on a residential lot.

2.

In a business or industrial zone, trailers for sale in connection with a commercial sales office may be stored or parked in a garage, or in a sales lot area subject to the applicable side and rear yard setbacks and other requirements of the zone where located, but in no case less than 25 feet from a residential zone boundary, and in no such case is residential occupancy permitted.

A.

For any uses of a trailer or mobile home covered by Section 415 other than Sections 415.1.A and 415.1.F, application must be made to the Department of Permits, Approvals and Inspections for issuance of a temporary or extended-occupancy permit, as the case may be. The granting of such permit may be subject to the ultimate approval of the Zoning Commissioner, who shall have the power to order the denial of the same if such granting or renewal would be detrimental to the health, safety or general welfare of the locality involved. Where a special exception has been granted for a use under Section 415, it shall be deemed that such use will not be detrimental to the health, safety or general welfare of the locality involved.

B.

A temporary permit must be procured from the Department of Permits, Approvals and Inspections in cases covered by Sections 415.2.A and 415.2.B.1. Temporary permits shall be renewable annually.

C.

In cases covered by Sections 415.1.B, C, D and E and 415.2.B.2, extended-occupancy permits shall be subject to renewal every two years.

All provisions of Section 415 shall be further subject to the provisions of the Baltimore County Building Code and other pertinent sections of the Baltimore County Code, including but not limited to the regulations of the Department of Permits, Approvals and Inspections, the Department of Health, the Fire Department, the Electrical Administrative Board and the Plumbing Board.

Contrary provisions of these regulations notwithstanding, one recreational vehicle may be stored on a residential lot as set forth below. Such vehicle, except a truck camper, shall have a current license, may not be lived in, or otherwise occupied, when stored on a lot and shall be mechanically ready to be moved at any time. A recreational boat, whether mounted on a trailer or stored on land with or without the use of supports, is subject to these provisions. A boat less than 16 feet in length is not subject to these provisions, except when such boat is mounted on a trailer. The space occupied by such a recreational vehicle or boat may be counted as a required parking space.

A.

On a lot occupied by a single-family detached or semi-detached dwelling, one such vehicle may be stored 2½ feet from any rear or side lot line; however, when in a side yard it must be situated at least eight feet to the rear of a lateral projection of the front foundation line of the dwelling. Such vehicle may be stored in any garage.

B.

On the lot of any individually owned row or group house, one such vehicle may be stored, provided that it is situated entirely in the rear yard, 2½ feet from the side or rear lot lines.

C.

Such vehicles may be stored on a specially designed parking area of any multifamily rental or condominium unit. Such areas must be screened from adjacent off-site residential uses, as required by the Director of Permits, Approvals and Inspections.

[Bill No. 122-2010]

D.

Except during a 24-hour period for the purpose of loading or unloading, a person may not park or store a recreational vehicle on any street in a residential zone.

[Bill No. 84-2006]

A residentially used or vacant residentially zoned waterfront lot shall have no more than one pier (whether fixed or floating). As of November 15, 1993, the number of boats, not including those smaller than 16 feet, permitted to be stored at a pier, slip, buoy or any other mooring device in the water at such a lot shall be limited in accordance with the following schedule:

A.

From November 1 through March 31, out-of-water boat storage on residential waterfront lots is permitted, subject to the setback provisions in Section 415A.1.A or B and in accordance with the following schedule:

B.

Where the requirements set forth herein for the storage of recreational vehicles would create an undue hardship, the Zoning Commissioner may approve a modified storage plan upon petition and public hearing thereon according to the procedure defined in § 32-3-303 of the Baltimore County Code, except that if no hearing is requested the modified plan may be approved by the Director of Permits, Approvals and Inspections, subject to appeal to the Baltimore County Board of Appeals.

[Bill No. 122-2010]

A.

Subject to compliance with the provisions set forth in Article 21, Title 24 ^[29] of the Baltimore County Code, a donation bin may only be placed on shopping center, industrial park, or fuel service station properties in the B.L., B.M., B.R., M.R., M.L., or M.H. Zones, or on school or fire station properties or the properties of a church, synagogue, or other building of religious worship in all zones.

B.

Except where permitted on shopping center or industrial park properties, no more than one donation bin may be located on any property.

C.

A donation bin may not be located within 1,000 feet of any other donation bin.

D.

Except for a donation bin located on a school or fire station property or the property of a church, synagogue, or other building of religious worship, a donation bin may not be located within 200 feet of the boundary of any residentially zoned property.

A.

A donation bin may not be sited in such a manner as to block or impede access to any:

1.

Required parking or driveway areas;

2.

Pedestrian routes;

3.

Emergency vehicle routes;

4.

Building ingress and egress or building setbacks;

5.

Required disabled access routes;

6.

Required easements;

7.

Landscaping areas;

8.

Trash bins or trash enclosures;

9.

Public rights-of-way; or

10.

Any place that would impede the functioning of exhaust, ventilation, or fire extinguishing systems.

B.

Where feasible, a donation bin should be located near a light source, such as a street light, flood light, or other public safety lighting.

C.

A donation bin may only be placed on ground that is level and paved with durable asphalt or set on a removable concrete base or concrete blocks or pavers, as approved by the Director.

D.

A donation bin may not be considered a fixture of the site or an improvement to real property.

E.

A donation bin may not be placed on any vacant or unimproved property, or on a property with a vacant building.

All goods processed on the premises shall be delivered at retail on the premises.

[Bill No. 137-2004]

All waterfront construction, such as piers, wharves, docks, bulkheads or other work extended into navigable waters beyond mean low tide as prescribed in Baltimore County Design Manual, shall be governed by these regulations as well as by § 33-2-801 of the Baltimore County Code, except that nothing in these regulations shall apply to the M.H. Zone and to the extension of industrial waterfront facilities to the limit of Corps of Engineers' established pierhead or bulkhead lines.

All applications for waterfront construction, when filed with the Building Engineer, shall be accompanied by a plot diagram suitable for filing permanently with the permit record, showing the outlines of the property in question and of adjoining properties, and showing any existing construction beyond mean low tide, as well as details of the proposed construction; whenever required by the Building Engineer, in his discretion, the application must be accompanied by a plan prepared by a professional engineer or land surveyor, showing to scale the outlines of the property in question, as well as the outlines of the adjoining properties, including any existing construction beyond mean low tide, and a plan and details of the proposed construction.

For the purpose of defining boundaries within which waterfront construction may take place, divisional lines shall be established in accordance with the following rules: ^[31]

A.

With straight shore lines. If the shoreline is straight, the divisional lines are to be extended from the intersection of the property line and the shoreline into the water perpendicular to the shoreline, or where the property lines are parallel and it is practical to do so, the property boundary line shall be extended in a straight line into the water.

B.

With irregular shorelines. Where the shoreline is not straight, draw a baseline between the two corners of each lot at mean low water line. Then draw a line from the corner of each proprietor's property into the water at right angles with the base line. If by reason of the curvature of the shore, the lines, when projected into the water, diverge from each other, the area excluded by both lines shall be equally divided between the two adjoining proprietors. If by reason of the curvature of the shore, the lines, when projected into the water, converge with each other, the area included by both lines shall be equally divided between the two adjoining proprietors.

C.

Conflict with existing construction. Where proposed construction will conflict with existing facilities, it will be the duty of the Department of Planning to specify the limits of construction to conform as closely as possible to the rules as set forth herein so as to cause the least interference with existing and/or possible future construction. Notice of the proposed construction shall be given by the Department of Permits, Approvals and

Inspections to adjoining property owners affected.

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

No construction, beyond mean low tide, including mooring piles, will be permitted within ten feet of divisional lines as established. The effect of this requirement will be to maintain a 20-foot open access strip between the facilities of adjoining property owners.

Any structure built beyond mean low tide must be contained within construction offsets as prescribed. In addition to meeting these requirements, the structure must not extend beyond any of the following limits:

A.

Three hundred feet beyond mean low tide.

B.

In the absence of a definable channel, not more than one-third the width of waterway.

C.

Not beyond the near boundary of a definable channel.

No new waterfront facilities, such as boatyards or marinas, or any service building or structure used in connection therewith, shall be established without the approval of and subject to the regulations and requirements of the Baltimore County Department of Health. Written approval shall be a required condition prior to issuance of a permit.

[Bill No. 149-1992]

A.

An out-of-water storage facility, Class A, shall be permitted at a marina or boatyard. Such a facility shall be placed so that boats do not overhang property lines.

B.

An out-of-water storage facility. Class B, is permitted at a boatyard or marina by special exception according to the following requirements:

[Bill No. 68-2012]

C.

Notwithstanding the provisions of these regulations, a four-boat-high out-of-water storage facility is permitted by special exception within a building existing before the effective date of Bill No. 129-1992. Thereafter, a Class B out-of-water storage facility that exceeds three levels is permitted by special exception, and if granted, the Zoning Commissioner shall indicate whether the facility is to be fully or partially enclosed or open and specify the location and orientation of the facility on the property, in order to lessen the impact of the facility on surrounding areas.

[Bill No. 68-2012]

D.

All Class B out-of-water storage facilities, located adjacent to a residentially zoned or used property shall be screened according to the Class A screening requirements contained in the Landscape Manual. The Zoning Commissioner may indicate additional planting standards in the granting of a special exception.

E.

Each berth in a Class A or Class B out-of-water storage facility shall be subject to the parking space requirements and exemptions of Section 409.6.

F.

The required minimum acreage shall be contiguous and shall not be divided by a public right-of-way.

G.

In addition to the provisions of Section 307, in the Business Maritime Marina (B.M.M.) Zone and in the Business Maritime Boatyard (B.M.B.) Zone, the Zoning Commissioner may not:

1.

Reduce the minimum setback required of an out-of-water storage facility by more than 20 percent; however, the provisions of this Paragraph 1 apply only if the out-of-water storage facility is adjacent to residentially zoned property.

2.

Permit a variance of more than 20 percent of the minimum acreage for such facilities which require at least five acres.

3.

Permit a variance of the minimum acreage for such facilities which require at least two acres.

4.

Permit a variance of the maximum height of such facilities regardless of acreage.

5.

Permit a variance pursuant to this subsection unless such variance will not be of substantial detriment to adjacent properties and will not materially impair the purpose of this section.

[Bill Nos. 32-1988; 9-1996; 137-2004]

Waterfront construction must also comply with all applicable provisions of §§ 33-2-604 through 33-2-607 of the Baltimore County Code, pertaining to water-dependent facilities, water-dependent structures, non-water-dependent structures and shore erosion protection works, and Section 103.5 of these regulations pertaining to grandfathering in the Chesapeake Bay Critical Area.

A permit to build, alter, modify, replace or extend a pier beyond mean low tide or mooring pile may be granted only if public notice has been given by the applicant as specified by the Code Official, defined in Section 3-6-101 of the Baltimore County Code as the Director of Permits, approvals, and inspections or the Director's designee, and a public hearing held before the Administrative Law Judge if requested. Such public notice shall consist of posting the property for a period of 15 days. Any owner of adjacent property or property directly impacted by the proposed permitted work may request a public hearing or may submit written comments for consideration. If no public hearing is requested, the Code Official or designee may issue the permit containing any appropriate conditions or limitations. The Administrative Law Judge shall have the right to specify the limits of construction, which shall conform as closely as possible to the rules set forth in Section 417 of the Baltimore County Zoning Regulations.

[Bill No. 113-2021]

Hens may be kept on an owner-occupied property with a single-family detached dwelling in accordance with a license issued under Article 12, Title 2, Subtitle 4 of the Baltimore County Code and the minimum land area requirements of § 100.6 of these regulations. The number of hens and minimum land area set forth in § 100.6 of these regulations shall not be reduced through a variance.

[Bill No. 113-2021]

In addition to any other requirements or conditions set forth in the Baltimore County Code or these regulations, the use permitted in this section is subject to the following:

A.

Coop or shelter; location and setbacks; construction.

1.

Any lot where a hen is kept shall have a coop suitable in size for the number of hens kept on the property.

2.

The coop shall be located in the rear yard or if a corner lot, the non-street facing half of the rear yard of the property and set back at least ten feet from all lot lines and 30 feet from a neighboring dwelling. The minimum setbacks for a coop shall not be reduced through a variance.

3.

A coop shall be constructed according to the following:

a.

Durable and weather resistant material shall be used such that a coop adequately protects the hens from harsh weather during all seasons;

b.

A coop shall be designed to allow for ease of cleaning and adequate air circulation to prevent the concentration of odors;

c.

A coop shall be elevated at least eight inches above grade to prevent rodent access, unless the coop is constructed with concrete footers, aprons, or other dig-deterrent barriers, and shall have a maximum height of eight feet; and

d.

A coop shall provide a minimum of three square feet to each hen.

B.

Outdoor run or free range area.

1.

Any lot where a hen is kept shall have an outdoor run or free range area suitable in size for the number of hens kept on the property where a hen may roam under the direct supervision of the license holder or other responsible person.

2.

A run or free range area shall:

a.

Be located at least 25 feet from any neighboring residence and shall be set back at least ten feet from a side or rear property line, both of which shall not be reduced through a variance;

b.

Be fully fenced at a height that complies with all county laws, policies, and regulations, and such that the hens are confined to the property and protected from predators;

c.

Be kept free of all offensive odors and materials that may attract rodents, insects, or other pests; and

d.

Provide at least four square feet to each hen.

C.

A coop, run, or free range area shall be kept clean, dry, free of any debris, and maintained in good repair at all times;

D.

Any structure associated with the keeping of a hen, including a coop, run, or free range area fence, that has not been actively used to house or keep a hen for at least one year shall be promptly removed from the property.

Roll-over, full-service and self-service car washes are permitted by special exception in the following districts: C.R. (provided no part of the lot is in R.C.5), C.C.C., A.S. or I.M. (provided no part of the site is in M.R.). Car washes are also permitted as a use in combination with a service station subject to the provisions of Section 405.

[Bill Nos. 122-2010; 55-2011; 33-2021]

A site plan shall be submitted showing the location of the car wash and zone classification of adjacent properties, the location of ingress and egress, the manufacturer's rated hourly production capacity of the equipment to be installed, if available, or other evidence of the capacity of the equipment, the proposed stacking spaces as required by Section 419.3 below, the proposed landscape and buffer treatment, and such other information as may be required by the reviewing agencies. All site plans are subject to review by the Directors of the Department of Public Works and Transportation, Department of Planning and Department of Permits, Approvals and Inspections, who shall provide written comments to the approval authority.

All internal paved areas of a car wash site used for stacking, parking and driveway purposes shall comply with Section 409.1 and shall be laid out to allow automobile circulation in a manner that precludes vehicles from waiting on the street or blocking the right-of-way before gaining entrance.

A.

All stacking spaces for car washes shall be single-file at the entrance of the tunnel. The space for the car being washed shall not be counted as a stacking space. A minimum of the following stacking spaces shall be provided:

1.

Nine per roll-over car wash tunnel.

2.

Nineteen per full-service car wash tunnel.

3.

Four spaces for the first tunnel of a self-service car wash, and two waiting spaces for each additional.

B.

All parking spaces shall be located to avoid conflict with on-site circulation patterns. The following minimum number of parking spaces shall be provided:

1.

To dry vehicles, two for each tunnel of a roll-over or a self-service car wash and six for each tunnel of a full-service car wash.

2.

One per vacuum cleaner unit, except in the case of a full-service or a self-service car wash, a stacking space may be used to serve as a parking space for the vacuum cleaner unit.

3.

Two additional spaces at a roll-over car wash.

4.

Four additional spaces at a full-service car wash.

Notwithstanding the provisions of the zone in which the car wash is located, all facilities are subject to the following requirements:

A.

Locational standards.

1.

Roll-over and full-service car wash buildings shall be set back at least 50 feet from the lot line of any residentially zoned property. Except for the landscape buffers, no part of a self-service car wash shall be within 100 feet of a residentially zoned property.

2.

The tunnel exit of car wash facilities shall be set back at least 50 feet from the nearest exit drive.

B.

General design.

1.

No tunnel entrance or exit of a car wash operation shall face an adjacent residentially zoned property not including those across a street.

2.

The rear and sides of buildings facing residentially zoned properties shall be finished with materials that in texture and color resemble the front of the building. The type of facade treatment shall be indicated on the site plan and shall be subject to review by the Director of the Department of Planning, who shall provide written comments to the approval authority.

[Bill No. 55-2011]

3.

Except for the required access drives, a landscaped transition area shall be provided along the perimeter of all car wash operations. Such area shall have a minimum width of ten feet where the car wash fronts a public right-of-way and six feet in all side and rear yards abutting nonresidentially zoned land. Car wash operations located within 50 feet of any residentially zoned property (other than a residential zone line in a public right-of-way) shall provide a buffer that measures no less than 15 feet from that property line.

4.

The landscape transition area shall be planted and screened in accordance with the Landscape Manual requirements for automotive uses.

5.

To increase compatibility with surrounding buildings or to enhance the attractiveness of the site, the Zoning Commissioner may require changes in building or site plan design or hours of operation for car washes for which a special exception is required.

The regulations contained in this Section 419 entitled "Car Wash" shall not apply to car washes legally existing prior to the effective date of Bill No. 172-1993. Bill No. 172-1993 does not affect the validity of any order granting a special exception or any plan approved by Baltimore County for a car wash which occurred prior to the effective date of this bill. Any such special exception or plan shall be subject to the applicable provisions of the Baltimore County Zoning Regulations in effect at the time of the grant of such special exception or plan.

Notwithstanding other provisions of these regulations to the contrary, certain helicopter operations shall be permitted as provided under this Section 420.

Temporary use may be made of an area for helicopter flights for promotional activities, provided that such area shall be at least 500 feet from any occupied residence and that use permits shall be first procured from the Director of Public Safety ^[34] and the Zoning Commissioner and that such permits shall be limited as to time as specified by the Zoning Commissioner.

Helicopters may be used to move equipment and supplies at construction sites, provided that a permit for such use is first obtained from the Director of Public Safety. ^[35]

Helicopters may make landings on public utility rights-of-way and, with the owners' consent, on land adjacent thereto for purposes of inspection or repairs of public utility facilities.

No special exception shall be required to permit either a Type I or Type II heliport if such use is located: at least 1,000 feet from any property line; in a D.R.5.5 or D.R.1 Zone; and beyond the urban-rural demarcation line.

Any helicopter operation caused by emergency is permitted at any time in any zone, in accordance with current regulations of the Federal Aviation Agency.

[Bill No. 7-2019^[37]]

If an animal boarding place, commercial kennel, private kennel, or pet shop is allowed in a residential zone, either as a special exception or as a permitted use, any part of the use, including but not limited to exercise areas, septic systems, dog runs and parking areas, may not be located within 200 feet of the nearest property line.

If an animal boarding place, commercial kennel, private kennel or pet shop is allowed in an office, business or manufacturing zone, either as a special exception or as a permitted use, any part of the use, including but not limited to exercise areas, septic systems, dog runs and parking areas, may not be located within 200 feet of the nearest property line or lease line.

If a veterinarian's office or a veterinarium is allowed in a residential zone as a special exception, it shall be located only on a lot having an area of two acres or more, and any part of the use may not be located within 100 feet of the nearest property line.

A person may not own, keep, or harbor more than ten dogs, not including puppies less than four months old, in a private kennel that is located in a D.R. Zone.

In granting any special exception under this section, the Zoning Commissioner may impose additional conditions or restrictions, such as increasing buffers, requiring odor, noise, or animal waste disposal mitigation, and setting limits on the number and breeds of dogs, to ensure that the proposed use will not be detrimental to the health, safety, or general welfare of the surrounding area.

[Bill No. 93-2006]

The operator of an animal grooming facility shall comply with the minimum standards established for a holding facility in § 12-6-103 of the Baltimore County Code.

[Bill No. 93-2006]

An animal grooming facility may not be noxious, offensive or otherwise objectionable to surrounding residential uses.

[Bill No. 20-2010]

A.

The operator of a domestic animal sanctuary shall comply with the licensing requirements and minimum standards established for a holding facility in Article 12, Title 6 of the Baltimore County Code.

B.

A domestic animal sanctuary may not be located within a ten-mile radius of any other domestic animal sanctuary.

C.

A domestic animal sanctuary may not be located within 200 feet of the nearest property line, if the sanctuary is allowed in a residential zone.

A.

Amusement devices are permitted as of right in the B.L., B.M. and B.R. Zones when used in combination with (1) a tavern; (2) a bowling alley; (3) a hotel or motel; (4) billiard or pool rooms; (5) skating rink; (6) airport; (7) boatyard/marina; (8) bus, train, boat terminal; (9) community building; (10) racetrack; (11) restaurant; (12) miniature golf; (13) truck stop; (14) swimming pool; (15) social, fraternal or veteran clubs; (16) indoor tennis and racquet clubs; (17) public bathing beaches; or (18) other uses which the Zoning Commissioner finds, after public hearing, to be entertainment, leisure or recreation oriented; and provided, however, that no more than four amusement devices shall be permitted unless a special exception for an arcade is obtained.

B.

One amusement device, or two such devices if the net floor area of the location's interior space actually devoted to the principal use exceeds 1,500 square feet, is permitted as a matter of right in the B.L., B.M., B.R and M.L. Zones when in combination with uses which are not entertainment, leisure or recreation oriented. The square footage required by this subsection need not be devoted exclusively to the amusement device or devices.

[Bill No. 96-2005]

C.

Amusement devices are permitted as of right in the Manufacturing, Resource Conservation, Density Residential, Elevator-Apartment Residence, Residential-Office and Office Zones when used in combination with, and accessory to, any entertainment, leisure or recreation oriented principal use provided for in Section 422.A, provided that:

1.

The amusement devices are located on the same lot as the principal use.

2.

The amusement devices are located within a building which houses the principal use or which houses facilities that are incidental to the principal use.

3.

No more than four amusement devices are used in combination with the principal use.

4.

In the Resource Conservation, Density Residential, Elevator-Apartment Residence, Residential-Office, and Office Zones, the principal use is operated as a private club for the benefit of persons who are bona fide members paying dues for the principal use, and the use of the amusement devices is restricted to such members and their guests and is not available for use by the general public or to lessees of said private club.

A.

An arcade is permitted as of right in the B.L., B.M. and B.R. Zones when located in (1) a bowling alley; (2) a hotel or motel; or (3) billiard or pool rooms, or when located in an enclosed mall, provided that public access to the arcade (except for emergency use) may only be via the enclosed concourse. Any number of amusement devices is permitted in an arcade, except that in a billiard or pool room, a maximum of 2½ amusement devices is permitted for each regulation-size billiard or pool table in the room unless a special exception is obtained for a greater number of amusement devices. (As used herein, a "regulation-size billiard or pool table" is a table which requires for its use a minimum floor area of 192 square feet.)

B.

An arcade is permitted by special exception in the B.L., B.M. and B.R. Zones as the sole principal use or in combination with one or more of the entertainment, leisure or recreation oriented uses provided for in Section 422.A.

C.

An arcade is permitted by special exception in the Manufacturing, Resource Conservation, Density Residential, Elevator-Apartment Residence, Residential-Office and Office Zones when used in combination with, and accessory to, any entertainment, leisure or recreation oriented principal use provided for in Section 422.A, provided that:

1.

The arcade is located on the same lot as the principal use.

2.

The arcade is located within a building which houses the principal use or which houses facilities that are incidental to the principal use or, notwithstanding the definition of the term "arcade," the arcade is located under an unenclosed permanent roofed structure which is attached to such a building.

3.

The arcade is clearly subordinate in area, extent and purpose to the principal use.

4.

The Zoning Commissioner specifies the maximum number of amusement devices to be maintained in the arcade.

5.

In the Resource Conservation, Density Residential, Elevator-Apartment Residence, Residential-Office and Office Zones, the principal use is operated as a private club for the benefit of persons who are bona fide members paying dues for the principal use and the use of the arcade is restricted to such members and their guests and is not open to the general public or to lessees of said private club.

Family child-care homes, group child-care centers and nursery schools shall meet the following requirements:

A.

Any such use shall be registered, licensed or certified as required by the applicable state or local agency.

B.

In addition, with respect to group child-care centers and nursery schools, outdoor play space abutting residential property shall be fenced. Fences shall be solid wood stockade or panel, a minimum height of five feet, and no closer to the property line than 20 feet.

C.

On or after April 15, 1985, no family child-care home, group child-care center or nursery school shall be permitted adjoining a residentially used property or dwelling unit in a D.R. or R.C. Zone that has an existing family child-care home or group child-care center or nursery school adjoining such residentially used property or dwelling unit.

Group child-care centers and nursery schools are permitted by right within the following uses whether such use is permitted by right or by special exception, and in D.R. Zones, group child-care centers and nursery schools permitted by this section are not required to meet the provisions of Section 1B01.1.B.1.e (restrictions in residential transition areas):

A.

Churches.

B.

Community buildings.

C.

Hospitals.

D.

School buildings, public or private.

E.

Housing for the elderly.

F.

Office buildings, except in R-O Zones where group day care centers in office buildings shall require a special exception.

Family child-care homes are permitted by right as an accessory use within dwellings in all zones. In D.R. Zones, such use is not required to meet the provisions of Section 1B01.1.B.1.e (restrictions in residential transition areas).

A.

Group child-care centers, Class A, are permitted as an accessory use within single-family detached dwellings in all residential zones except R.C.4, in all industrial zones and in R-O and O.T. Zones if the Zoning Commissioner grants a use permit under the following procedure:

1.

Upon application for a use permit, the owner or agent shall provide the following information:

a.

Number of employees,

b.

Number of children to be enrolled,

c.

Hours of operation,

d.

Estimated amount of traffic generated,

e.

A site plan indicating location and type of structure on the lot in question, location and dimensions of play area(s), parking arrangement and proximity of dwellings on adjacent lots,

f.

A snapshot of the structure.

2.

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

3.

Within the 30-day posting period, any occupant or owner 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.

4.

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 child-care center if the proposed use meets all the requirements of this subsection and any other applicable requirements. Such use permit may be issued with such conditions or restrictions as determined appropriate by the Zoning Commissioner to satisfy the provisions of 424.4.A.6.c below and to ensure that the child-care center will not be detrimental to the health, safety or general welfare of the surrounding community.

5.

If a formal request for a public hearing is filed, the Zoning Commissioner shall schedule a date for the public hearing, such 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 requests for public hearing.

6.

Following the public hearing, the Zoning Commissioner may either deny or grant a use permit conditioned upon:

a.

His findings following the public hearing.

b.

The character of the surrounding community and the anticipated impact of the proposed use on that community.

c.

The manner in which the requirements of Section 424.1 and other applicable requirements are met; and any additional requirements as deemed necessary by the Zoning Commissioner in order to ensure that the child-care center will notbe detrimental to the health, safety or general welfare of the surrounding community and as are deemed necessary to satisfy the objectives of Section 502.1 of these regulations.

d.

Section IB01.1.B notwithstanding, the Zoning Commissioner may modify 1B01.1.B.1.e as it pertains to such use in D.R. Zones.

B.

Group child-care centers, Class A, are permitted as an accessory use within single-family detached dwellings in OR-1 and OR-2 Zones and in all business zones, by right.

[Bill Nos. 51-1991; 132-2006]

A.

All other principal use group child-care centers and nursery schools in residential zones are permitted in accordance with the following schedule:

B.

Group child-care centers in business and manufacturing zones are permitted as a noncommercial accessory or principal use in accordance with the following schedule:

[Bill No. 89-1997]

Signs are permitted, subject to Section 450.

The following standards apply to group child-care centers located in D.R. Zones:

A.

Minimum lot size: one acre for the first 40 children plus 500 square feet per child for every child beyond 40 children.

B.

Minimum setback requirements.

Front: 25 feet from street line or the average setback of the adjacent residential dwellings, whichever is less.

Side: 50 feet from property line, with 20 feet of perimeter vegetative buffer.

Rear: 50 feet from property line, with 20 feet of perimeter vegetative buffer.

C.

Parking, drop-off and delivery areas shall be located in the side or rear yards, unless the Zoning Commissioner, upon the recommendation of the Director of Planning, determines that there will be no adverse impact by using the front yard for parking, drop off or delivery purposes. In all cases these areas shall be located outside of the required buffer area.

D.

Maximum height: 35 feet.

E.

Maximum impervious surface area: 25 percent of gross area.

[Bill No. 47-23]

A.

Notwithstanding any other provision of these regulations to the contrary, a group child-care center, Class B that is located within the Hunt Valley and Timonium Master Plan is permitted by right in the R.C.6 Zone if:

1.

The tract on which the group child-care center is located contains R.C.6 Zoning adjacent to the M.L.R. Zone; and

2.

The R.C.6 Zoned portion of the tract in which the group child-care center building and play area are located is no larger than 0.50 acres.

B.

A group child-care center permitted under this section shall comply with all bulk regulations for the M.L.R. Zone, and shall be exempt from all provisions contained in Section 1A07, as well as the setback requirements contained in Section 250.4.

Any entertainment-, leisure- or recreation-oriented principal use provided for in Section 422.A which holds a valid on-sale alcoholic beverages license of any class, except a special or temporary license, may have amusement devices on its premises as long as the alcoholic beverages license remains effective. All of the conditions and limitations set forth in Sections 422 and 423 are applicable to such uses, except that Sections 422.C.4 and 423.C.5 do not apply to such uses.

[Bill No. 121-2001]

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

ANTENNA — A wireless telecommunications antenna.

OWNER — The owner, agent, lessee or person in control of a wireless telecommunications tower.

PROVIDER — A wireless telecommunications service provider.

SCENIC VIEWSHED — A scenic route or view as designated in the Baltimore County Master Plan.

SCENIC VIEWSHED ELEMENTS —

A.

Those visual elements of a scenic viewshed which are of a quality, character, rarity and nature to cause a viewshed to be designated in the Baltimore County Master Plan by the Baltimore County Planning Board; and

B.

Which are catalogued by the Planning Board in accordance with § 32-4-417 of the Baltimore County Code.

[Bill No. 137-2004]

TOWER — A wireless telecommunications tower.

TOWER APPLICANT — A person who applies to the Committee pursuant to Section 426.4.

[Bill No. 121-2001]

It is the intent of Baltimore County that:

A.

Antennas should be placed on existing towers, buildings and structures, including those of public utilities, where feasible; and

B.

If a new tower must be built, the tower should be:

1.

Constructed to accommodate at least three providers;

2.

Erected in a medium- or high-intensity commercial zone when available; and

3.

Located and designed to minimize its visibility from residential and transitional zones.

[Bill No. 121-2001]

The provisions of this section do not apply to:

A.

Antennas or towers serving gas and electric or land-based local telephone public utility needs; or

B.

Antennas used by cable systems operating in accordance with Article 25 of the Baltimore County Code, if located on property owned by the county, state or federal government.

[Bill No. 137-2004]

[Bill No. 121-2001]

A.

There is a Tower Review Committee in Baltimore County.

B.

The Committee shall consist of:

1.

A Tower Coordinator, who shall have technical expertise regarding the siting of wireless telecommunications towers and shall serve as committee chairperson;

2.

The Director of the Department of Planning or the Director's designee;

[Bill No. 55-2011]

3.

The Director of the Office of Information Technology or the Director's designee;

4.

An at-large citizen representative appointed by the County Council; and

5.

Depending on the particular site for a tower, representatives of other governmental agencies as determined by the Tower Coordinator.

C.

An applicant for a building permit for an antenna shall submit a duplicate copy of the permit application to the Tower Coordinator.

D.

In addition to any other fees required, an applicant for a building permit or a special exception shall pay a separate processing fee to the County. The County Administrative Officer shall establish the amount of the fee.

E.

Committee review.

1.

Prior to submitting a petition for a special exception or an application for a building permit for a tower, a petitioner or an applicant shall meet with the Committee. The Committee shall meet with the petitioner or the applicant within 45 days after a written request for a meeting is submitted.

2.

The petitioner or the applicant shall submit to the Committee:

a.

Information detailing the maximum number of providers and antennas the proposed tower can support.

b.

Any other relevant technical information requested by the Committee.

3.

The Committee shall review the information submitted by the petitioner or the applicant and evaluate the proposed tower with regard to the legislative policy under Section 426.2.

4.

The Committee may provide advisory comments to the Zoning Commissioner or the Code Official concerning the proposed tower.

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

A.

"R" means by right.

B.

"SE" means by special exception.

C.

The column for antennas refers to antennas located on a tower, building or structure legally existing prior to the installation of the antenna even if the tower, building or structure was approved by special exception.

D.

The height of a tower is measured from the base of the tower to the tip of the tower or the tip of the highest antenna on the tower, whichever distance is greater.

A.

Setbacks.

[Bill No. 17-2002]

1.

A tower shall be set back at least 200 feet from any other owner's residential property line.

2.

A structure housing equipment for a tower shall meet the minimum setback requirements from any other owner's property or zone line.

3.

Notwithstanding the provisions of Section 102.2 of these regulations, if multiple structures housing equipment for a tower are located on the same owner's property, a yard or setback is not required between the structures.

B.

Except as required by the Federal Aviation Administration:

1.

Stroboscopic lights are not permitted on a tower.

2.

The tower, antenna and supporting lines shall be neutral in color.

C.

If a tower is located in a residential or transitional zone, any structure housing equipment for the tower shall be:

1.

Screened in accordance with the Landscape Manual, Class "A" screening requirements.

2.

Faced with a material compatible with buildings or structures surrounding the tower.

D.

Upon completion of a tower and every five years after the date of completion, the owner of the tower shall submit to the Code Official written certification from a professional engineer verifying that the tower and any structure housing equipment for the tower meets all applicable Building Code and safety requirements.

E.

The owner of a tower shall submit annually to the Tower Coordinator written certification of the number of providers and antennas on the tower.

A.

An applicant for a building permit for a tower shall provide:

1.

A security bond in an amount not to exceed $40,000.00 and a term not to exceed 25 years; or

2.

A fee not to exceed $5,000.00.

B.

The Administrative Officer shall determine the form and amount of the bond or fee in accordance with § 3-1-202 of the Baltimore County Code.

[Bill No. 137-2004]

C.

The Code Official may use the bond or fee to procure repair of unsafe or hazardous conditions under Section 426.8 or removal of a tower under Section 426.10 in accordance with § 3-6-402 of the Baltimore County Code.

[Bill No. 137-2004]

A.

The owner of a tower and any structure housing equipment for the tower shall maintain the tower and any structure in good working condition and correct any unsafe or hazardous conditions, which may include:

1.

Conditions caused by vandalism.

2.

Flaking or worn exterior paint.

3.

Illegal or improper occupancy of the tower or structure.

B.

The provisions of this section shall be enforced in accordance with Article 3, Title 6 of the Baltimore County Code.

[Bill No. 137-2004]

Towers permitted by special exception shall meet the requirements of this section.

A.

A petitioner shall have the burden of demonstrating that:

1.

The petitioner has made a diligent attempt to locate the antenna on an existing tower or nonresidential building or structure;

2.

Due to the location, elevation, engineering, technical feasibility or inability to obtain a lease or ownership of a location elsewhere, the construction of a tower at the proposed location is warranted;

3.

To the extent technically feasible, the tower has been designed to accommodate antennas of at least two other providers; and

4.

The height of the tower is no higher than what is required to enable present and future co-location of other providers.

B.

The Zoning Commissioner shall review the petitioner's submittal with regard to the legislative policy under Section 426.2.

C.

In a residential or transitional zone, a tower shall meet the following additional requirements:

1.

A petitioner shall have the burden of demonstrating that:

a.

There is no available, suitable site for the tower in a medium or high intensity commercial zone, identifying with particularity any sites considered; or

b.

Due to topographical or other unique features, the proposed site is more consistent with the legislative policy under Section 426.2 than a site in an available medium or high intensity commercial zone.

2.

A tower in an R.C. Zone shall be located on a lot of at least five acres. In all other residential or transitional zones, a tower shall be located on a lot of at least three acres.

3.

In granting a special exception, the Zoning Commissioner, or Board of Appeals upon appeal, shall impose conditions or restrictions as provided in Section 502.2. In addition, the Commissioner shall require that the tower be disguised as a structure or natural formation, such as a flagpole, steeple or tree, which is found, or likely to be found, in the area of the tower unless the Commissioner finds that the requirement is not reasonable or advisable for the protection of properties surrounding the tower.

A.

The Code Official may issue a citation to the owner for removal of a tower, including all aboveground structures, equipment and paving, if:

1.

The Code Official determines that the tower has not been in actual and continuous use for 12 consecutive months;

2.

The owner has failed to correct an unsafe or hazardous condition under Section 426.8 within the time prescribed in a correction notice issued by the Code Official; or

3.

The owner has notified the Code Official that use of the tower has terminated.

B.

A special exception for the operation of a tower becomes void upon a final order of the Code Official for removal of the tower.

C.

The provisions of this subsection shall be enforced in accordance with Article 3, Title 6 of the Baltimore County Code.

[Bill No. 137-2004]

D.

Failure to comply with order.

1.

The Code Official may procure compliance in accordance with § 3-6-402 of the Baltimore County Code, if the owner fails to comply with a final order to remove the tower.

[Bill No. 137-2004]

2.

Expenses for removal of a tower which exceed the amount of any security bond posted under Section 426.7 shall become a lien on the property of the owner.

The Zoning Commissioner, and Board of Appeals upon appeal, may grant a variance to a height or area requirement, including any setback, for a tower or structure housing equipment for a tower in accordance with Section 307 of these regulations.

A.

Building permits for antennas and towers permitted by right shall be issued in accordance with the requirements of this Section.

B.

A decision on an application for a building permit shall be made within 30 days of receipt of a complete permit application.

C.

Any decision denying an application for a building permit shall be set forth in writing and supported by substantial evidence contained in a written record.

A.

A radio operator antenna and related equipment, including any supporting structure, is considered an accessory structure or use and is permitted by right in any zone if the radio antenna and the related equipment meet the requirements of this section.

B.

A radio operator antenna shall be operated by an amateur radio operator who is licensed by the Federal Communications Commission and whose domicile is on the lot where the antenna and the related equipment is placed.

C.

A supporting structure for a radio operator antenna may not be located within 20 feet of any property line.

D.

A radio operator antenna may not extend closer than the front building line to any street on which the lot fronts. An antenna made of wire no larger than the smallest diameter specified for that purpose in the Electrical Code may not extend farther than the property line of the lot.

[Bill No. 65-2008]

E.

A supporting structure plus attachments for a radio operator antenna may not be higher than the lesser of 100 feet or the horizontal distance from the base of the structure to the nearest property line at grade level.

[Bill No. 65-2008]

[Bill No. 49-24; 89-24)

A.

Applicability.

1.

Subsections D and E of this section do not apply to a fence required by § 13-6-101 of the Baltimore County Code, as revised, to be constructed in order to screen a swimming pool.

2.

Subsections D and E of this section do not apply if the residences on the adjoining lots are more than 200 feet apart.

B.

Front yards. The maximum height permitted for any residential occupancy fence shall be 42 inches above normal grade in a front yard.

C.

Side and rear yards. The maximum height permitted for any residential occupancy fence shall be six feet above normal grade in a side and rear yard. A fence may be erected up to ten feet high in a side or rear yard when the fence is set back from the property line a horizontal distance of two feet for every vertical foot of height in excess of six feet.

D.

Notwithstanding any other provisions of this Code or the Baltimore County Code, in a D.R. or R.C. 5 zone located in a historic district, the maximum height of a residential occupancy fence is 42 inches if the fence is erected in the side yard of a lot that adjoins a public road.

E.

A residential occupancy fence may not be erected in the rear or side yard of a lot which adjoins the front yard of another on which a residence has been built, except in accordance with the provisions of this section.

F.

The fence may not exceed 42 inches in height if situated within ten feet of the adjoining front yard property line.

Fences to be erected for the enclosure or protection of any premises other than residential property may be constructed up to 12 feet high. However, the building official is authorized and empowered to order a fence to be built higher than 12 feet in any location when such fence is necessary to provide proper protection around a dangerous place, highly hazardous operation, athletic field or any other location where such a high fence is necessary for the protection or safety of the public.

All fences shall comply with the following requirements:

1.

Electric fences shall be permitted only on farms for the retention of livestock, and only if the electric fences are not a safety hazard to people.

2.

No fence shall have any projecting sharp points, jagged edges or other projections which may injure persons or animals coming in contact with such fence, and no fence less than four feet high shall have sharp pickets or vertical pointed objects on top.

3.

Barbed wire or other approved retarding material or construction may be placed on top of any fence which is more than six feet, nine inches high except where such barbed wire or other retarding material will create a highly hazardous condition.

Barbed wire fences shall be permitted on farms for the retention of livestock only if the fences are not a safety hazard to people.

A.

Any person may apply for a waiver to the height limitation requirements of Sections 427.1 and 427.2.

B.

The building official or designee is authorized to grant such waivers, provided public notice has been given and a public hearing has been held before the administrative law judge if requested.

C.

1.

Public notice shall consist of posting the property for a period of 15 days.

2.

Anyone living within 1,000 feet of the subject property may request a public hearing, or may submit written comments for consideration.

3.

If no public hearing is requested, the building official or designee may grant a waiver containing any appropriate conditions or limitations.

4.

If a public hearing is requested, notice shall be further provided by posting the property for an additional 15 days.

5.

Such notice shall include the date, time, and location of the hearing.

D.

Any person aggrieved by the decision of the building official or designee may file a notice of appeal with the board of appeals and the department of permits, approvals, and inspections within 30 days after the date of the final decision of the hearing officer.

E.

Any order by the building official granting a waiver shall contain a finding of fact setting forth and specifying the reason or reasons for allowing such a waiver.

A.

An inoperative motor vehicle may not be stored outside on a residential lot.

B.

An unlicensed motor vehicle may not be stored outside on a residential lot except under the following conditions:

1.

Outside storage (i.e., not within a fully enclosed structure) for a period not exceeding 15 days, unless extended by the Zoning Commissioner, in any calendar year is permitted for no more than one such vehicle per dwelling unit per year.

2.

The vehicle may not be stored in a front or side yard unless placed in a driveway or other off-street parking area, and the vehicle may not be stored in a rear yard unless placed at least eight feet from any property line.

3.

The owner of the vehicle must reside on the lot upon which the vehicle is stored.

4.

The vehicle may not be used or dismantled for parts.

C.

Nothing contained in Subsection B shall be construed to prohibit the outside storage of unlicensed but operative farm tractors or farm equipment actually and regularly used on a farm, farmette or satellite farm.

Satellite receiving dishes are permitted as accessory structures in all zones. When located on the roof of a building, an accessory satellite receiving dish shall be considered an accessory radio or television receiving antenna, and it is not subject to the provisions of this section.

When located in residential zones, accessory satellite receiving dishes shall be located only in the rear yard of a lot unless such location hinders reception, and the owner requests a variance. In addition, the dish shall be no larger than ten feet in diameter.

In residential zones, the size of a satellite dish and its location on a lot are subject to the provisions of Section 307.

Principal satellite receiving dishes shall be considered wireless transmitting and receiving structures and are subject to the regulations governing such structures.

This section does not apply to a satellite dish which was erected before June 15, 1987.

A.

Definition. A "planned unit development" (PUD) is a development in which residential and/or commercial uses are approved subject to restrictions calculated to achieve the compatible and efficient use of land, including the consideration of any detrimental impact upon adjacent residential communities.

B.

Review. A PUD shall be submitted and reviewed in accordance with the procedures of Article 32, Title 4, Subtitle 2, Part IV of the Baltimore County Code.

C.

Rezoning. The use of property for a PUD may not be considered as evidence of substantial change in the character of the neighborhood for the purpose of interim zoning classifications of other property in the neighborhood.

[Bill No. 5-2010]

A.

The PUD process may be utilized for:

A general development PUD, as provided in Section 430.3.

[Bill No. 100-2018^[41]]

A.

Location. A general development PUD shall be located inside the urban rural demarcation line (URDL).

[Bill Nos. 16-2007; 5-2010]

B.

Permitted uses.

1.

Residential uses. Residential uses are permitted in any residential or nonresidential zone subject to the compatibility requirements of § 32-4-402 of the Baltimore County Code.

2.

Nonresidential uses. Uses permitted, as a matter of right or by special exception, in a B.L., B.M., B.R., B.M.M., B.M.B., OR 1, OR 2, O-3, OT or S.E. Zone are permitted in any nonresidential zone. In a C.B. or B.L.R. Zone, only those listed uses are permitted.

3.

Mix of zoning. If the underlying zoning consists of nonresidential and residential zones, the uses may be reallocated on acreage anywhere within the designated PUD boundaries, but the building area of nonresidential uses in the residential zones may not exceed the building area otherwise permitted in the underlying nonresidential zones. Additionally, the density of the residential uses may not exceed the corresponding density allowed in the underlying residential zone except as authorized under § 32-4-242(d)(2) of the Baltimore County Code. A residential and nonresidential use may overlap vertically to occupy the same acreage. Section 102.2 of the Zoning Regulations does not apply to a mixed-use PUD.

[Bill No. 58-2021]

C.

Density.

1.

If the underlying zone is classified residential, calculation of residential density may not exceed that of the underlying zone, and such density may be used anywhere within the PUD boundaries.

2.

If the underlying zone is classified as a business zone or an office zone or S.E. Zone, calculation of residential density may not exceed the density permitted in a D.R.16 Zone, except that in a mixed-use PUD in an O.T. Zone, the calculation of residential density may not exceed 32 units per acre.

[Bill No. 35-2006]

3.

If the underlying zone is classified as a manufacturing zone, calculation of residential density may not exceed the density permitted in a R.A.E.1 Zone.

4.

If the underlying zone is classified as an R.O. or R.O.A. Zone, calculation of residential density may not exceed the density permitted in a D.R.5.5 Zone.

5.

Notwithstanding any provision to the contrary, the calculations set forth in this paragraph are subject to the provisions of § 32-4-242(d) of the Baltimore County Code.

[Bill No. 58-2021]

D.

Dwelling type. Notwithstanding any provision to the contrary and subject to the provisions of § 32-4-242(d) of the Baltimore County Code, any type of dwelling is permitted. ^[42]

[Bill No. 58-2021]

A.

Many Baltimore County residents prefer places designed like our older well-established neighborhoods.

B.

Creatively designed projects with features such as human-scaled streets, with home, schools, shopping, places of employment and cultural activities in an easy walk, are preferred and can be achieved using careful planning and design.

C.

Many Baltimore County residents want to protect the integrity of their older well-established neighborhoods, including those structures deemed historically and architecturally significant.

D.

Well-designed projects make more efficient use of land and public services, reduce traffic by making it easier to walk to destinations, improve mobility and independence for children, adults with disabilities, elderly adults and others who do not drive, and improve public health by supporting a healthy lifestyle.

E.

Existing zoning and development regulations and special exception and variance proceedings can discourage redevelopment.

F.

Community leaders are concerned that the current development process affords local communities too little opportunity, too late in the process, for meaningful input into plans for redevelopment.

G.

Certain properties in Baltimore County's older communities provide opportunities for redevelopment that could strengthen those communities.

A.

The intent of this legislation is to facilitate redevelopment projects on carefully selected sites in Baltimore County's older communities.

B.

These redevelopment projects shall:

1.

Demonstrate the benefits and feasibility of redevelopment;

2.

Support the unique identity and character of the existing neighborhood, including the communities in the vicinity in which the redevelopment occurs;

3.

Protect the integrity of our older well-established neighborhoods, including those structures deemed historically and architecturally significant; and

4.

Demonstrate the value of a collaborative design process as a tool for consensus building among participants.

A.

A redevelopment plan shall reflect the outcome and consensus of the collaborative design process.

B.

The redevelopment plan is intended to enhance the overall quality of life in Baltimore County.

C.

Renaissance pilot projects, where appropriate, should:

1.

Be walkable and pedestrian friendly;

2.

Have high-quality community design and architecture;

3.

Place public spaces in prominent locations; and

4.

Provide effective transportation networks and choices.

The purpose of this section is to establish a Renaissance Redevelopment Pilot Program that provides an opportunity for the community, developer and County government to work together collaboratively to create one or more buildable plans.

In this section the following words have the meanings indicated.

APPLICANT — A person who applies to the Director of Planning to develop a renaissance pilot project.

CHARRETTE PLAN — A conceptual site plan that:

A.

Has all required elements of a concept plan under Article 32, Title 4, Subtitle 2, Part II of the Baltimore County Code;

B.

Identifies any changes to underlying uses, area regulations, densities, or intensities on the property proposed by the applicant that otherwise would not be permitted by existing laws and regulations, absent consensus on the final charrette plan and its approval by the County; and

C.

Includes other plans, drawings, or documents necessary to show how participants' major ideas and concerns are to be addressed.

COLLABORATIVE DESIGN PROCESS —

A.

A process that includes a minimum seven-day charrette (as defined by the National Charrette Institute); and

B.

Involves the community, master developer, and the County government team, as participants.

COMMUNITY PARTICIPANT —

A.

A "person" as defined in § 32-4-101 of the Baltimore County Code, if the person owns property, resides or operates a business within a five-mile radius of a proposed renaissance pilot project; or a community association that represents persons who reside within a five-mile radius of a proposed renaissance pilot project.

B.

"Community participant" does not include the facilitator, the applicant, a representative of the applicant, a member of the county government team or a member of the design team.

COUNTY GOVERNMENT TEAM — Includes a designee of the County Council member in whose district a renaissance pilot project is proposed to be located and the Director or the Director's designee from all of the following departments:

[Bill No. 122-2010]

A.

The Department of Planning, whose Director or designee shall serve as Chair;

[Bill No. 55-2011]

B.

The Department of Permits, Approvals and Inspections;

C.

The Department of Economic and Workforce Development;

[Bill No. 71-2013]

D.

The Department of Environmental Protection and Sustainability;

E.

The Department of Public Works and Transportation;

[Bill No. 33-2021]

F.

The Department of Recreation and Parks; and

G.

The Police and Fire Departments.

DESIGN TEAM — A multidisciplinary team of design professionals that shall include architects and landscape architects with urban design experiences, a civil engineer, and a member with expertise in code writing.

FACILITATOR — The individual selected by the Director of Planning to facilitate community, developer, and County government participation in the collaborative design process.

FINAL CHARRETTE PLAN — The charrette plan that:

A.

Is consistent with the consensus reached during the collaborative design process and the pattern book; and

B.

Except as provided in the pattern book, conforms to all laws, codes, and regulations.

FINAL DEVELOPMENT PLAN — An engineered site plan that is consistent with the consensus reached during the collaborative design process.

MASTER DEVELOPER — A developer who has been determined qualified by the Director of the Department of Permits, Approvals and Inspections as provided by Subsection 430A.8.E of this section. "Master developer" is often an owner or contract purchaser of the property subject to the renaissance pilot project.

[Bill No. 122-2010]

PARTICIPANT — Anyone who participates in the collaborative design process and must include one or more community participants, the members of the County government team, and the master developer.

PATTERN BOOK — A regulation book that is:

A.

Prepared by the master developer;

B.

Advertised and adopted by the County as a regulation in accordance with this section;

C.

Consistent with the consensus reached during the collaborative design process;

D.

Includes design and building requirements for the redevelopment property agreed to as part of the consensus which exceed or deviate from laws, codes and regulations otherwise applicable to the property; and

E.

Provides that all other laws, codes and regulations applicable to the redevelopment property are incorporated in full in the pattern book.

REDEVELOPMENT PLAN — An engineered site plan consistent with the consensus of the collaborative design process and the pattern book.

RENAISSANCE OPPORTUNITY AREA — An area designated by the County Council in accordance with Subsection 430A.7 of this section.

RENAISSANCE PILOT PROJECT — A redevelopment project in a renaissance opportunity area.

These regulations apply to renaissance pilot projects within a renaissance opportunity area.

A.

An area shall meet the requirements of this subsection in order to be selected as a renaissance opportunity area.

B.

An area shall:

1.

Be located inside the urban rural demarcation line;

2.

Consist of more than one property; and

3.

Be at least five acres that are capable of supporting redevelopment projects under this section.

C.

A renaissance opportunity area may be amended at any time to include or exclude additional properties.

D.

A renaissance opportunity area may have one or more renaissance pilot projects.

E.

Following advertisement and posting of the proposed renaissance opportunity area, in a manner consistent with the posting requirement set forth in § 32-3-215 of the Baltimore County Code, the County Council may designate, by legislation, renaissance opportunity areas meeting the requirements of this section.

F.

Floating zone designation; use and bulk regulations.

1.

A renaissance opportunity area is a floating zone that provides for a mix of permissible uses, area regulations, densities, or intensities that may be different from the underlying zoning.

2.

Unless otherwise specified by the County Council in the legislation designating the renaissance opportunity area under Subsection E, uses allowed by right, by special exception, or accessory uses, area regulations, densities, and intensities that are allowed in the following zones are allowed by right, subject to Paragraph G of this subsection, in a renaissance opportunity area:

a.

Density residential zones as set forth in Article 1B of these regulations;

b.

Elevator-Apartment Residence Zone as set forth in Article 2 of these regulations;

c.

R-O-A, R-O, OR-1, OR-2, O-3, O.T., and S-E Zones; and

d.

B.M.M., B.M.B., B.M.Y.C., C.B., B.L.R., B.L., C.C.C., C.T., B.M., and B.R. Zones.

G.

The principal or accessory uses, area regulations, densities, and intensities in a renaissance opportunity area, as provided for in Paragraph F of this subsection and if approved as part of a final charrette plan and adopted as part of the pattern book, shall only apply to properties with an approved final renaissance redevelopment plan under this Act.

H.

The adoption or use of a renaissance area floating zone may not serve as justification for the granting of a petition for reclassification by the Board of Appeals.

A.

Criteria; financial incentive.

1.

A renaissance pilot project shall be located in a renaissance opportunity area.

2.

A renaissance pilot project may consist of one or more properties in a renaissance opportunity area.

3.

The amount and source of any financial incentive provided by the County for a renaissance pilot project, regardless of the form of the incentive, is subject to review and approval by the County Council. The manner of the Council's review is the same as provided in § 3-10-103(e) of the Baltimore County Code.

B.

The renaissance pilot project application form shall be created by the Director of Planning.

C.

An applicant shall submit an application to the Director of Planning to establish a renaissance pilot project that consists of a proposed project site, master developer and design team.

D.

The application shall:

1.

Identify the proposed pilot project site and demonstrate how the site meets the intent of the renaissance redevelopment pilot program;

2.

Present qualifications of the proposed master developer and design team members;

3.

Outline the renaissance redevelopment project proposed by the developer;

4.

Demonstrate the financial capacity of the master developer to undertake the proposed redevelopment project; and

5.

Disclose persons having a direct or indirect financial interest of ten percent or more in the proposed redevelopment project.

E.

The Director of Permits, Approvals and Inspections or the Director's designee, in consultation with the Department of Economic and Workforce Development, shall determine whether the master developer is qualified and shall consider:

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

1.

The ability of the developer to design and construct the proposed development;

2.

The financial viability of the developer and the ability of the developer to secure financing for the proposed redevelopment;

3.

The experience of the developer in high-quality residential and commercial redevelopment; and

4.

The experience and qualifications of the individual members of the proposed design team in designing high-quality redevelopment projects.

F.

Approval process.

1.

After submission of the application, the Chair of the County government team, with input from the team, shall approve or reject the application.

2.

If the application is approved, the Department of Permits, Approvals and Inspections shall schedule a date for a public information meeting on the collaborative design process.

[Bill No. 122-2010]

G.

The approval or rejection shall be based upon:

1.

Whether the proposed project site provides the opportunity, where appropriate, to introduce additional uses to improve the area's overall land use mix; and

2.

Whether the proposed master developer has been qualified under Paragraph E of this subsection.

H.

When approving or rejecting the application, the Chair of the government team may also consider whether the proposed project site exhibits conditions such as:

1.

Vacant buildings or structures;

2.

The lack of an anchor store in a shopping center;

3.

A large area of surplus parking;

4.

Poor physical maintenance of properties in the area; and

5.

Potential street connections to surrounding neighborhoods, workplaces, or institutions.

A.

Within 60 days after approval of the application, the master developer shall, with input from the County government team, develop the initial charrette plan to be used in the collaborative design process.

B.

Selection of facilitator.

1.

The Director of Planning and the Director of Permits, Approvals and Inspections shall select a facilitator from an established list of no fewer than three on-call contracted facilitators to be maintained by the Department of Planning.

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

2.

The developer shall pay the facilitator's fee, unless the County pays the fee in the form of a financial incentive for a renaissance pilot project and notifies the County Council as required by Section 430A.8.A.3.

C.

The facilitator shall:

1.

Have experience in facilitating a collaborative design process involving redevelopment; and

2.

Be a disinterested person and may not have a financial interest in the renaissance pilot project.

D.

Immediately after approval of the application, the County shall contract with the facilitator to conduct the collaborative design process.

E.

The facilitator, in cooperation with the community, developer and County government team, shall:

1.

Create the overall schedule for the collaborative design process; and

2.

Create a plan for logistics and outreach.

F.

The Department of Planning shall:

[Bill No. 55-2011]

1.

Execute logistics of the collaborative design process; and

2.

Conduct extensive outreach to ensure participation in the process.

G.

As part of the outreach required under Paragraph E of this subsection, at least 45 days prior to the start of the collaborative design process, the Department of Permits, Approvals and Inspections shall:

[Bill No. 122-2010]

1.

Publish the schedule of the collaborative design process in one newspaper of general circulation;

2.

Publish the schedule of the process in one local newspaper serving the area in which the renaissance pilot project is located;

3.

Post the schedule of the process on the County website; and

4.

Post the schedule of the process at the renaissance pilot project site in a manner visible to the community.

A.

Definitions. In this section the following terms have the meanings indicated:

APPROVAL OF THE FINAL CHARRETTE PLAN — Consensus on all required elements of the charrette plan, including the principal or accessory uses, area regulations, densities, and intensities, specified in Subsection 430A.7.F of this section.

CONSENSUS — Approval of the final charrette plan by not less than 80 percent of the community participants who:

1.

Attend two or more meetings during the collaborative process; and

2.

Enter a vote, in person, on the final charrette plan during the final meeting of the collaborative design process.

FEEDBACK LOOP — A meeting or work session held during the collaborative design process in which the design team interacts with participants to determine the merits and feasibility of different design options.

B.

At a minimum, the collaborative design process shall:

1.

Have at least three feedback loops scheduled over a period of not less than seven days at times convenient to community participants in order to inform and engage community participants in discussion regarding a proposed charrette plan, and, whenever possible, meetings or work sessions shall be scheduled during evening hours;

2.

Involve the participants;

3.

Be conducted on the site of the renaissance pilot project, if feasible, or if not, close to the site;

4.

Make content relevant and measurable so that the participants understand the value and impact of their participation;

5.

Open and close with a public meeting in the community; and

6.

Require the design team to:

a.

Work in multidisciplinary teams;

b.

Work collaboratively with the participants;

c.

Design at multiple scales to facilitate the understanding of context and relationships; and

d.

Address the redevelopment principles set forth in Subsection 430A.3 of this section.

C.

The intent of the collaborative design process is to:

1.

Use design to achieve a high-quality environment;

2.

Produce a buildable plan; and

3.

If feasible, achieve consensus on the final charrette plan.

D.

On the final day of the collaborative design process, the design team shall present a final charrette plan to the participants at a public meeting.

E.

Within 48 hours after the collaborative design process ends, the facilitator shall forward a report to the Planning Board stating whether a consensus had been reached.

F.

At its next regularly scheduled meeting, the Planning Board shall conduct a public hearing and make a determination as to whether a consensus was reached and properly recorded.

G.

In making its determination, the Planning Board shall consider the facilitator's report and may consider testimony presented by those who participated in the collaborative design process.

H.

If the Planning Board determines that a consensus was reached, the applicant may move forward.

I.

If the Planning Board determines that there was not a consensus, the applicant may initiate another collaborative design process or withdraw from the pilot program and proceed under Article 32, Title 4 of the Baltimore County Code.

A.

Contents.

1.

If the Planning Board determines that the process resulted in a consensus, the Planning Board shall direct the master developer to prepare a pattern book, containing the elements specified in Subsection 430A.5 of this section, within 60 days after the final determination has been made.

2.

The pattern book shall also consist of:

a.

A regulating plan which to the extent applicable:

(1)

Divides the site into designated sections;

(2)

Shows the layout of streets and alleys within the site and connections to adjoining properties and streets; and

(3)

Shows the general location of other public spaces, building and dwelling types, significant buildings, utilities, areas reserved for environmental protection, and other significant community features.

b.

A form-based code that specifies, to the extent contrary to applicable law, code, or regulation, the design requirements for each section identified in the regulating plan, which shall contain:

(1)

Detailed requirements for design of streets and alleys, streetscape treatments, and public open spaces;

(2)

Building envelopes including the setback for principal and accessory buildings, build-to lines, access points, and location and quantity of off-street parking;

(3)

Prototype designs for proposed buildings, which contain the architectural standards for each type of building accompanied by a description of each building type for each section of the regulating plan, and elevation drawings; and

(4)

A land use chart that prescribes limits and conditions with respect to land use in each section of the regulating plan and may include lists of permitted or prohibited uses to the extent authorized by Subsection 430A.7.F of this section, operating and maintenance conditions on certain types or range of housing types within each section of the regulating plan.

B.

Within 30 days after receipt of the pattern book, the facilitator shall determine and confirm its consistency with the consensus reached on the charrette plan.

C.

Public meeting.

1.

After advertisement and notice to community participants who attended one or more feedback loops and after the advertisement requirements in Article 3, Title 7 of the Baltimore County Code, the Department of Planning shall schedule a public meeting in the community to review and solicit comment on the pattern book.

[Bill No. 55-2011]

2.

This meeting shall be conducted by the facilitator.

D.

The Department of Permits, Approvals and Inspections shall make available the pattern book for review and inspection at the Department of Permits, Approvals and Inspections, in a format that is accessible from the Department's website and at the branch of the public library closest in proximity to the renaissance pilot project site.

[Bill No. 122-2010]

A.

The pattern book shall be submitted to the Planning Board for introduction and scheduling of a public hearing.

B.

The Planning Board shall consider the pattern book and recorded community comments and shall approve the pattern book upon a finding that the pattern book is:

1.

Consistent with the approved final charrette plan; and

2.

Compatible with the standards of this section and the renaissance opportunity area.

C.

The pattern book shall be adopted as a regulation as provided for in Article 3, Title 7 of the Baltimore County Code.

A.

The final redevelopment plan shall be submitted to the Department of Permits, Approvals and Inspections for processing.

[Bill No. 122-2010]

B.

The final redevelopment plan shall include:

1.

All required elements of a development plan specified in §§ 32-4-222 through 32-4-224 of the Baltimore County Code;

2.

Lot lines and the exact location of all buildings;

3.

The exact location of streets, rights-of-way, public spaces, public utilities, areas reserved for environmental protection, and on-street and off-street parking;

4.

The mix of building types and models, the total number of residential units for dwellings, and the total floor area of nonresidential building floor space; and

5.

The type and location of trees and plants, benches, and other amenities to be located in the public spaces.

C.

Following review by those County agencies specified in § 32-4-226 of the Baltimore County Code, the Director of Permits, Approvals and Inspections may approve the final redevelopment plan which shall comply with the requirements of §§ 32-4-222 through 32-4-224(c) of the Baltimore County Code, to the extent that those sections are not inconsistent with the provisions of this section.

[Bill No. 122-2010]

A.

In this subsection, "material amendment" means any change from any of the required elements of the approved final charrette plan.

B.

After publication and posting on the County's website, the Director of Permits, Approvals and Inspections may approve any nonmaterial amendments to the final redevelopment plan that are not inconsistent with the enacted pattern book and the consensus reached during the collaborative design process.

[Bill No. 122-2010]

C.

After publication, posting on the County's website, and a public hearing, the Planning Board may approve a material amendment to the final redevelopment plan upon a finding that the amendment is compatible with the collaborative design process and the standards of this section.

[Bill No. 122-2010]

The Department of Permits, Approvals and Inspections shall oversee and ensure that the master developer constructs the renaissance pilot project in accordance with the enacted pattern book and the final redevelopment plan.

The Chair of the County government team may waive any deadlines provided for in this section upon request from the facilitator or the master developer.

[Bill No. 51-2005]

A.

This subsection applies to the Essex Renaissance Opportunity Area.

B.

Notwithstanding any other provision of this section, the County, in accordance with this section, may:

1.

Declare property owned by Baltimore County within the Essex Renaissance Opportunity Area a renaissance pilot project; and

2.

Conduct a collaborative design process and prepare a pattern book for the renaissance pilot project.

C.

1.

Prospective master developers shall submit an application in accordance with Subsection 430A.8 of this section.

2.

The Department of Planning shall prepare an application form for prospective master developers that requires the offerors to:

[Bill No. 55-2011]

a.

Present qualifications of the proposed master developer and the joint venturers with the master developer, if any;

b.

Demonstrate the financial capacity of the proposed master developer to undertake the proposed redevelopment project; and

c.

Disclose persons having a direct or indirect financial interest of ten percent or more in the renaissance pilot project.

3.

The Director of Permits, Approvals and Inspections or the Director's designee, in consultation with the Department of Economic and Workforce Development and other appropriate County agencies, shall determine whether the prospective master developer is qualified and shall consider:

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

a.

The ability of the developer to construct the renaissance pilot project as provided in the pattern book approved by the Planning Board;

b.

The financial ability of the developer and the ability of the developer to secure financing for the renaissance pilot project; and

c.

The experience of the developer in high-quality residential and commercial redevelopment.

4.

The county government team shall identify which prospective master developers are qualified to construct the renaissance pilot project.

D.

The County shall conduct a public sale in accordance with §§ 3-9-104 and 3-9-105 of the Baltimore County Code among the qualified bidders to select a master developer to:

1.

Prepare the final redevelopment plan based on the pattern book; and

2.

Acquire the property and complete the renaissance pilot project in accordance with the final redevelopment plan.

E.

The selected master developer shall submit the final redevelopment plan for the renaissance pilot project in accordance with Subsection 430A.13 of this section.

A.

A commercial vehicle exceeding 10,000 pounds gross vehicle weight or gross combination weight may not be parked on a residential lot for a period exceeding the time essential to the immediate use of the vehicle.

B.

One commercial vehicle per dwelling unit may be parked on a residential lot for a period exceeding the time essential to the immediate use of the vehicle subject to the following conditions:

1.

The gross vehicle weight or gross combination weight shall not exceed 10,000 pounds.

2.

The owner or operator of the vehicle shall reside on the lot.

3.

The vehicle shall be parked within a fully enclosed structure or, alternatively, if not within a fully enclosed structure:

a.

No materials, products, freight or equipment shall be visible.

b.

The vehicle shall display no advertising other than lettering, figures or designs located on the driver's door or front seat passenger's door.

c.

The vehicle shall be parked in a side or rear yard.

[Bill No. 86-23]

A.

A vehicle parked on residential property may only be situated on a concrete, asphalt paved, or durable and dustless surface that is intended for the parking of vehicles except for a commercial vehicle otherwise legally parked and only for the period of time essential for the immediate use of the vehicle.

B.

Section 431.2 applies only to residential properties located east of Charles Street, south and west of I-695, north and east of the Baltimore City-Baltimore County line, and northwest of Philadelphia Road and its merger with Pulaski Highway to the city-county line.

A.

An assisted-living facility is permitted in the D.R., R.O., R.O.A., R.A.E., B.R., B.M. and OR-2 Zones as follows:

1.

An assisted-living facility I is permitted by use permit.

2.

An assisted-living facility II is permitted by use permit if it has frontage on a principal arterial street.

3.

In a D.R. Zone, an assisted-living facility I or II is not permitted within 1,000 feet of another property with an existing assisted-living facility I or II or another property for which an application for a use permit has been filed for an assisted-living facility I or II.

[Bill No. 45-2017^[47]]

4.

An assisted-living facility III is permitted in a D.R.16, R.A.E., R.O., R.O.A., B.L. Zone in the Pikesville Commercial Revitalization District, or B.M. Zone by use permit. An assisted-living facility III is permitted in the OR-2 Zone by special exception and is limited by the use, area and bulk regulations of the D.R.10.5 Zone. A facility located in an R.O. Zone is also subject to review by the design review panel for compatibility with surrounding uses.

[Bill No. 47-2019]

5.

Housing for the elderly is permitted by right in R.A.E. Zones.

B.

Except for the signs permitted by Section 450, no other signs or displays of any kind visible from the outside are permitted.

C.

Off-street parking shall be provided in accordance with Section 409 and subject to the following conditions, but no parking structure is permitted except for a residential garage as defined in Section 101.

1.

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

2.

Parking and delivery areas shall be located in the side or rear only.

3.

At least ten percent of the lot shall be used to provide useable, contiguous and private open space.

D.

An assisted-living facility is subject to a compatibility finding pursuant to Section 32-4-402 of the Baltimore County Code in accordance with this paragraph. A compatibility study is required for all assisted-living facility projects located in the D.R., R.O., R.O.A., O.R.-2, or R.A.E. Zone. For assisted-living facility projects located in the B.L., B.M., or B.R. Zone, a compatibility study is required only for projects that are not otherwise subject to review by the design review panel.

[Bill No. 47-2019]

E.

An assisted-living facility located in a County historic district is also subject to review by the Landmarks Preservation Commission in the same manner as other buildings located in a historic district.

F.

Assisted-living facilities and housing for the elderly are permitted by right within the boundaries of a state-designated transit-oriented development in the C.T. District of Owings Mills and not subject to any of the requirements contained in this section.

[Bill No. 16-2015]

[Bill No. 137-2004]

Rail passenger stations, transit centers and transit storage and repair yards are subject to the development regulations, Article 32, Title 4 of the Baltimore County Code only when located in a residential zone.

Before a plan for a rail passenger station or transit center is submitted for approval to the County Review Group, the appropriate officials of the Mass Transit Administration and Baltimore County shall jointly hold a public information meeting on the intended plan. The information meeting shall be advertised in two newspapers of general circulation at least 15 days before the meeting.

A use permit, pursuant to the provisions of [Section] 500.4, shall be required if the same record lot is used, by the same or different producers for more than three days in a 12-month period, except as provided in Section 435.2.

In any nonresidential zone, a use permit shall not be required, provided that the production is confined entirely to private property; involves no more than two vehicles, each with a gross vehicle weight less than 10,000 pounds; and involves a crew of no more than a total of ten persons.

[Bill No. 137-2004]

The Administrative Officer, pursuant to § 3-1-202 of the Baltimore County Code, is authorized to establish fees to offset the costs of county services, including but not limited to police, security, traffic and other services, as may be required by the commercial film production.

A.

The principle of community conservation is an expressed goal in Baltimore County. The Master Plan 1989-2000 proposes that commercial activities incompatible with local neighborhoods should be restricted in such areas.

B.

The State of Maryland requires that businesses which purchase or loan on deposit of secondhand precious metals and other valuables obtain a "dealer's" license and report transactions to the local law enforcement agency to help prevent stolen items from being traded.

C.

The Baltimore County Council finds that an undue concentration or the inappropriate siting or design of pawnshop businesses has a reasonable probability of causing adverse effects on nearby residential and commercial areas by creating an impression of community decline and instability.

D.

Based upon reports submitted by the Baltimore County Police Department, the County Council finds that pawnshops which deal in a wide variety of valuable goods are more likely to have a greater deleterious effect on neighborhoods than businesses which deal exclusively in secondhand precious metals and gems where pawn transactions are merely incidental to the sale of new or secondhand jewelry.

E.

Such adverse effects would directly conflict with the county's commitment to conserving and revitalizing older communities and would be inordinately difficult to overcome once ill-sited pawnshops have been established.

F.

The County Council finds that the number of existing pawnshops in Baltimore County is more than sufficient to meet the needs of the community and that it is consistent with the intent of these regulations for promoting the public health, safety and welfare to establish a limit on the total number of businesses in Baltimore County which loan on deposit of items other than secondhand precious metals and gems.

[Bill No. 122-2010]

A.

The Chief of Police, based on transaction sheets submitted by licensed dealers, shall report the names and addresses of all licensed dealers in Baltimore County who, in calendar year 1995, made loans on deposit of an item other than a secondhand precious metal to the Director of Permits, Approvals and Inspections.

B.

Upon receipt of a dealer's transaction sheet reporting a loan on deposit of any item other than a secondhand precious metal, the Chief of Police shall report the name and address of the business to the Director of Permits, Approvals and Inspections if this information has not been previously reported.

C.

For any license reported to the Director of Permits, Approvals and Inspections, the Chief of Police shall promptly notify the Director when the state renews or revokes the license or when the license expires.

D.

The Director of Permits, Approvals and Inspections may not accept a special exception petition for a pawnshop if there are 12 valid dealers' licenses in the county used to operate pawnshops.

E.

A dealer may, by affidavit, annually declare to the Director of Permits, Approvals and Inspections that all future pawn transactions shall be limited solely to secondhand precious metals, and the Director shall remove the name and address of that pawnshop from the list during such time as the affidavit remains in effect.

A pawnshop is subject to the following requirements:

A.

A pawnshop abutting a residential zone line (other than a street right-of-way), a school or a church shall provide a buffer in the form of a six-foot high board-on-board fence or a brick wall in combination with landscaping.

B.

Notwithstanding the requirements of Section 450.4:

1.

One wall-mounted business sign is permitted with a surface area of no more than twice the length of the wall on which it is mounted, but in no case more than 50 square feet.

2.

The placement of any sign shall be similar to the placement of signs mounted on walls of neighboring businesses, except that no such sign may extend above the eaves line of a pitched roof or the parapet of a flat roof building.

3.

A freestanding business sign is not permitted.

4.

Miscellaneous exterior temporary signs, as described in Sections 450.4 and 450.7.E, are not permitted to be displayed anywhere on the premises, including windows.

C.

The Zoning Commissioner may reasonably regulate the letter size, lighting, color and other design aspects of all signage for consistency and compatibility with signage on neighboring businesses.

D.

The use of the word "pawn" or the use of the three golden ball symbol designating a pawnshop is restricted to pawnshops, as defined in these regulations, and may not be used by any other business.

E.

The sale of firearms is prohibited, unless authorized by the appropriate federal and state agencies.

In addition to the requirements of Section 436.3 and such other requirement of these regulations relating to a special exception petition, a pawnshop is subject to the following requirements:

A.

Location may not be within a one-mile radius of any other pawnshop, and no more than two pawnshops may be located in a councilmanic district.

B.

The Zoning Commissioner may reasonably limit the hours of operation.

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

The Director of Permits, Approvals and Inspections shall provide for the enforcement of this section in accordance with the provisions of Article 32, Title 3 of the Baltimore County Code and Article 5 of these regulations.

This section does not apply to:

A.

An airport.

B.

A bed-and-breakfast home.

C.

A bed-and-breakfast inn.

D.

A billiard or pool room.

E.

A boarding- or rooming house.

F.

A bus terminal.

G.

A country club.

H.

A country inn.

I.

A hotel or motel.

J.

A rail passenger station.

K.

A truck stop.

L.

Any of the following business establishments, provided that 75 percent of the net floor area of the establishment's interior and exterior space (excluding space used for parking vehicles) is devoted primarily to the use of the space as defined in these regulations:

1.

Commercial recreational facilities.

2.

A convenience store.

3.

Any type of restaurant.

[Bill No. 137-2004]

A business establishment that is subject to the admissions and amusement tax imposed under Article 11, Title 4, Subtitle 6 of the Baltimore County Code, without regard to whether the business establishment possesses a license to serve or sell alcoholic beverages under Article 2B of the Annotated Code of Maryland, may not be operative between 2:00 a.m. and 6:00 a.m.

[Bill No. 37-2015]

A health-care and surgery center is subject to the following requirements:

A.

Ambulatory surgery and radiology services shall be provided;

B.

At least 75 percent of the medical and surgical specialties or subspecialties recognized by the American Board of Medical Specialties shall be provided;

C.

Health-care services shall be provided seven days per week and 365 days per year;

D.

The center shall have at least four operating rooms; and

E.

The gross floor area of the center, which includes all buildings, shall be at least 150,000 square feet, with a minimum of 10,000 square feet of radiology space, but no more than 400,000 square feet in total.

[Bill No. 59-22]

Notwithstanding contrary provisions of these zoning regulations, the regulations of this section shall apply to veterans housing and treatment campuses as follows:

A.

Veterans housing and treatment campuses shall be permitted by right in the M.L.-I.M. and M.H. zones if located within one mile of a hospital and community college within the boundaries of the Philadelphia Road Corridor Study.

B.

A combination of offices and residencies are permitted at a density of 10,000 square feet per acre for the offices along with a density of 20 residential dwelling units per acre.

C.

Veterans housing and treatment campuses shall not be considered multi-family housing.

D.

A veterans housing and treatment campus shall be governed by the following setback and building regulations only:

1.

Minimum setback requirements:

a.

From a building face (side, rear, or front) to a public street right-of-way: 15 feet.

b.

From a building face (side, rear, or front) to a building face (side, rear, or front): 15 feet.

c.

From a building face to tract boundary: 15 feet.

d.

From a building face (side, rear, or front) to edge of paving of a private street: seven feet.

2.

Building length and height requirements:

A.

Maximum building length: 200 feet.

b.

Maximum building height: 65 feet.

A

Central Community Hub, as defined in Section 101.1 of these regulations shall be located on a tract of land that is:

1.

Zoned D.R.5.5 and served by public utilities;

2.

At least ten acres in size;

3.

Within the Pikesville Commercial Revitalization District;

4.

Improved with a building on the Maryland Inventory of Historic Properties and the National Register of Historic Places; and

5.

Owned or operated by a not-for-profit organization.

[Bill No. 98-23]

A.

Given that all uses within a Central Community Hub may not be implemented at the same time, parking for a Central Community Hub shall be provided in accordance with the requirements for the individual uses that comprise the Central Community Hub.

B.

At such time that the Central Community Hub is fully use, unless a smaller total number of spaces is:

1.

Warranted by combining the total number of spaces required for the individual uses within the Central Community Hub; or

2.

Approved by the director of permits, approvals, and inspections as sufficient.

[Bill No. 98-23]

A.

The tract of land on which a central community hub is located shall include open areas that are not otherwise improved with buildings or parking lots/garages. The open areas shall comprise at least four acres of the tract and a portion of these areas shall include sidewalks, trails, and/or other recreational opportunities. Open areas include, but shall not be limited to: sidewalks; patios; decks; playgrounds; gardens; lawns; fields; and parks. Open areas need not be open to the general public and includes areas that are leased to third parties that are not otherwise improved with buildings or parking lots/garages.

B.

No more than 25 percent of the total area of the tract may include retail uses.

C.

Any outdoor live music at a Central Community Hub shall end by 9:00 p.m. On Sundays through Thursdays and 10:00 p.m. on Fridays and Saturdays.

[Bill No. 98-23]

A.

A plan for development for any portion of a Central Community Hub shall be processed in the same manner as a limited exemption under Section 32-4-106(a) of the Baltimore County Code.

B.

A request for limited exemption filed under this section shall comply with the notice posting provisions required under Section 32-4-106(e)(3)(ii) and (iii) of the Baltimore County Code.

C.

An applicant for a limited exemption shall be required to submit a landscape and lighting plan to Baltimore County for review and approval as part of its permitting process.

[Bill No. 98-23]

[Bill No. 61-2021]

A.

Purpose built student housing shall be permitted in all zones except the following: D.R. 1, D.R. 2, D.R. 3.5, D.R. 5.5, R.O.A., R.O., and all R.C. Zones. Purpose built student housing shall not be permitted within the boundary of the Hunt Valley/Timonium Master Plan Area.

B.

If located in a D.T., I.M., C.C.C., or C.T. Overlay District, the ground floor of each building shall include retail or office space if the majority of the rest of the street frontage where it is located has ground level office or retail space, unless it can be demonstrated that such use would not be viable. If good faith attempts to lease the space have been unsuccessful, the space may be converted to housing after one year.

C.

Purpose built student housing shall be subject to the following additional regulations:

1.

Each building or development shall be reviewed by the design review panel for context within the community in which it is proposed.

2.

All regulations shall apply to both newly constructed units and buildings that are being renovated or converted.

3.

All buildings shall have a public or educational institution provided transit stop for transportation to area institutions and storage for other modes of transportation such as bicycles and scooters.

4.

A management plan shall be submitted to the department of permits, approvals, and inspections at the time of submission of the development plan and may be reviewed as part of the design review process in addition to being reviewed and approved by the Planning Board.

5.

A percentage of units, as determined by the director of the department of permits, approvals, and inspections in conjunction with the design review panel, shall be provided at a below market rate for students receiving a Pell Grant or other need-based financial assistance.

D.

Purpose built student housing shall not be considered multi-family housing, or rooming and boarding houses.

[Bill No. 61-2021]

Dormitories for the housing of students attending an accredited higher-education institution are permitted by right in an M.L.-I.M. Zone that is within the Owings Mills Growth Area, as adopted in the Baltimore County Master Plan 2010, and if combined tract areas developed for dormitories do not occupy more than 15 percent of the contiguous area of industrial zoning in which they are located.

[Bill No. 61-2021]

Dormitories constructed in accordance with Section 253.1.C.8 and Section 441.2 and associated retail or accessory uses shall be governed by the following regulations only:

A.

Minimum setback requirements:

1.

From a building face (side, rear, or front) to a public street right-of-way: 25 feet.

2.

From a building face (side, rear, or front) to a building face (side, rear, or front): 30 feet.

3.

From a building face to tract boundary: 40 feet for front or rear faces and 30 feet for side faces.

4.

From a building face (side, rear, or front) to edge of paving of a private street: seven feet.

B.

Building length and height requirements:

1.

Maximum building length: 240 feet, or up to 300 feet if approved by the Zoning Commissioner through a special hearing.

2.

Maximum building height: 60 feet.

[Bill No. 61-2021]

A building constructed in accordance with sections 253.1.C.8 and 441.2 of these regulations shall not be considered a dormitory or purpose built student housing, as those terms are defined in section 101.1 of these regulations.

[Bill\No. 58-22]

Notwithstanding contrary provisions of these zoning regulations, the regulations of this section shall apply to University Based Retirement Communities as follows:

A.

University based retirement communities shall be permitted in all zones if located in or adjacent to a D.T. Overlay District if the property is owned by a university or college.

B.

The occupancy of the dwelling units in the university based retirement community is restricted to persons 62 years of age or older or to couples where either one is 62 years of age or older.

C.

University based retirement communities may be privately owned or owned by the institution.

D.

University Based Retirement Communities shall not be considered multi-family housing.

E.

A University Based Retirement Community shall be governed by the following setback and building regulations only:

1.

Minimum setback requirements:

a.

From a building face (side, rear, or front) to a public street right-of-way: ten feet; zero feet if attached to an existing senior housing facility.

b.

From a building face (side, rear, or front) to a building face (side, rear, or front): ten feet; zero feet if attached to an existing senior housing facility.

c.

From a building face to tract boundary: ten feet; zero feet if attached to an existing senior housing facility on an adjoining tract.

d.

From a building face (side, rear, or front) to edge of paving of a private street: seven feet; zero feet if attached to an existing senior housing facility.

2.

Building length and height requirements:

a.

Maximum building length: 500 feet.

b.

Maximum building height: 130 feet.

A.

Location requirements. Notwithstanding any provision of these regulations to the contrary, a data center or energy storage device may be permitted within the Chesapeake Bay Critical Area. This subsection shall not be interpreted to require a data center or energy storage device to be located within the Chesapeake Bay Critical Area.

B.

Bulk standards. A data center or energy storage device developed under this section is subject only to the following setback, height, and area requirements:

1.

The minimum setback from any lot line or street line shall be 10 feet.

2.

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.

3.

Notwithstanding the provisions of Section 102.2 of these regulations, a yard or setback is not required between the structures which constitute a data storage or energy storage device or any accessory device thereto.

4.

The maximum height of principal structures associated with a data storage or energy storage device shall be 60 feet. Interconnection equipment, poles, or other ancillary support structures shall not be considered as principal structures.

5.

There is no lot coverage requirement.

C.

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

D.

Signage. Signage for a data center or energy storage device developed under this section shall comply with the regulations applicable to the M.H. Zone.

E.

Landscaping requirements.

1.

A landscaping buffer shall be provided around the perimeter of any portion of a property containing a building or structure used as a data center or energy storage device adjoining a property zoned or used for residential uses.

2.

Landscaping is not required within areas which are already vegetated or when landscaping would conflict with other regulations, such as those applicable to wetlands and the preservation of natural habitat.

F.

Noise. A data center or energy storage device developed under this section shall comply with all state and local noise ordinances and regulations, as set forth in COMAR 26.02.03.02. and Article 17, Title 3 of the Baltimore County Code.

G.

Conflicts. If there is a conflict between the provisions of this section and any other provisions of these zoning regulations, the provisions of this section shall govern.

H.

Applicability. This section applies only to a data center or energy storage device in the R.C.5 Zone.

Notwithstanding any other regulations to the contrary, security guard booths shall be permitted by right in all zones as an accessory use, subject to the conditions in this section.

A.

Security guard booths are permitted in the front, side or rear yard.

B.

Security guard booths shall not exceed a gross floor area of 400 square feet.

C.

Security guard booths shall not be located less than ten feet from any front, side or rear yard lot lines.

D.

The height of security guard booths shall not exceed 16 feet.

Bus shelters, Class A, shall be permitted by right in all zones and may not contain any commercial advertising.

Bus shelters, Class B, shall be permitted by right in all zones subject to the conditions in this subsection.

A.

Bus shelters may contain no more than one double-sided advertisement four feet wide by six feet tall in size, whose advertisements are only placed by the Maryland Transit Administration or a subcontractor for the Maryland Transit Administration.

B.

The application shall be subject to the administrative process as provided for in this subsection.

[Bill No. 55-2011]

1.

A proposed bus shelter site plan shall be submitted to the Department of Planning for preliminary review.

2.

The Department of Planning shall submit the application to the County Council for review. The Department of Planning shall act in accordance with, Paragraph 3 unless, within 30 days of the receipt of the application, any member of the County Council requests that the matter be forwarded to the County Council for approval or disapproval by the Council at a legislative meeting.

3.

The Department of Planning, in conjunction with the Department of Public Works and Transportation and the Department of Economic and Workforce Development, shall:

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

a.

Review the proposed site location; and

b.

Approve or disapprove placing bus shelters at specific sites in accordance with this paragraph.

4.

The Department of Planning shall approve or disapprove placing bus shelters at specific sites based on consistency with the request for proposal the Maryland Transit Administration used to hire a contractor for the bus shelter program.

5.

A bus shelter shall meet the following conditions in order to be approved by the Department of Planning:

a.

A bus shelter may not:

(1)

Obstruct travel by pedestrians, wheelchairs, or vehicles;

(2)

Obstruct bikeways or pedestrian footways;

(3)

Obstruct or block vehicular sight distance at intersections or driveways.

b.

The minimum clearance between bus shelters and any other nearby facility or objects such as trees or utility poles shall be 36 inches.

c.

As part of its review, the Department of Planning shall consider conditions at existing bus shelter sites.

6.

Applications for building permits for bus shelters may be submitted by the Maryland Transit Administration in bundles.

7.

The Maryland Transit Administration shall be waived from all permitting fees.

8.

Prior to the issuance of building permits for bus shelters, Class B, the application for the building permit shall be referred to the Department of Planning, where the application shall be reviewed for conformance with the approved shelter site plan.

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

WILD ANIMAL — Has the meaning stated in Article 12 of the Baltimore County Code.

Notwithstanding any other provision of these regulations, a person may not keep or allow to be kept on the person's premises a wild animal except as provided in Article 12, Title 7 of the Baltimore County Code.

Notwithstanding other provisions of these regulations to the contrary, any restaurant or tavern in a B.L.R. Zone that is located inside the Urban-Rural Demarcation Line and on the final landmarks list is permitted to have restaurant uses, tavern uses, and accessory activities outside of the enclosed restaurant or tavern building. The accessory activities, except for outdoor dining and bar service, must end by 12:00 midnight. Additionally, if the tract on which the restaurant or tavern is located contains D.R. zoning adjacent to the B.L.R. Zone, the accessory activities may take place on a dedicated portion of the adjacent D.R. Zone if the dedicated D.R.-zoned area does not exceed 15 percent of the total tract area.

[Bill No. 99-24]

In section 448 of these regulations, the following words have the meanings indicated.

A.

"APPLICANT" means the owner of a property on which a hookah lounge or vapor lounge is located or planned to be located or a person in control of a hookah lounge or vapor lounge that is applying for a permit or the renewal of a permit.

B.

"DEPARTMENT" means the Department of Permits, Approvals, and Inspections.

C.

"DIRECTOR" means the Director of the Department of Permits, Approvals, and Inspections or their designee.

D.

"OWNER" means any person or entity that is the listed owner of a property on which a hookah lounge or vapor lounge is located or planned to be located. Owner may include an agent, executor, administrator, trustee, guardian, or other successor or fiduciary of a property, as applicable.

E.

"PERMIT" means a hookah or vapor lounge use permit issued under Section 448 of these regulations.

F.

"PERMIT HOLDER" means the person or entity in control of a hookah lounge or vapor lounge or the listed owner of a premises for which a permit is issued.

G.

"PERSON IN CONTROL" means any person or entity who has the charge, care, or operation of a hookah lounge or vapor lounge, including any agent of the person in control who manages the hookah lounge or vapor lounge that operates on the premises. Person in control may include the listed owner of the premises, as applicable.

H.

"PREMISES" means the building or buildings on the property where a hookah lounge or vapor lounge is located, or is planned to be located, including any applicable accessory structures and off-street parking.

[Bill No. 99-24]

A.

Notwithstanding other provisions of these regulations, a hookah lounge or vapor lounge is permitted to operate on a property only if there is an active permit issued for that premises in accordance with Section 448 of these regulations.

B.

A permit may only be applied for, renewed, or otherwise be held by or issued to an applicant.

C.

To apply for a permit or renew a permit, an applicant shall:

1.

Submit an application, including supporting information required by the Director, on a form approved by the Director; and

2.

Pay an application or renewal fee established in accordance with § 3-1-202 of the county code.

C.

Within 45 days of receiving an application, the Director shall:

1.

Administratively approve the application and issue a permit or, if conditions or other information submitted to the Director for the initial permit or subsequent renewals have not materially changed, renew a permit;

2.

Impose reasonable conditions as part of the permit approval and issuance or renewal to ensure the health, safety, and welfare of the patrons of the hookah lounge or vapor lounge and the general public; or

3.

Administratively deny the application.

D.

The Director shall promptly send written notice of any decision made under paragraph c. Of this section to the applicant, and, if applicable, state the reasons for any denial or reasonable conditions imposed.

E.

Unless renewed, a permit shall expire one year from its date of issuance.

F.

A permit may not be transferred, conveyed, or sold to another person, business, or other entity.

[Bill No. 99-24]

A.

A hookah lounge or vapor lounge shall;

1.

Be located at least 200 feet from any residential property, as measured from the closest point of the premises to the residential property line;

Editor's note— [§ 2 of Bill No. 99-24 enacts that the owner of a premises where a hookah lounge or vapor lounge is located shall have 120 days from the effective date of this Act to come into compliance with the requirements of Section 448. Any such hookah lounge or vapor lounge that does not conform to the distance requirements set forth in Section 448.3.A.1 of the Baltimore County Zoning Regulations may continue to operate for one year from the effective date of this Act, but as of that date, such business establishments shall be required to comply with Section 448.3.A.1 of these Regulations.]

2.

Be the principal use on the premises where it is located and may not be ancillary or accessory to any other use; and

3.

Only operate from 6:00 a.m. To 12:00 midnight.

B.

At all times, a permit holder shall:

1.

Maintain a video surveillance system that:

a.

Monitors all off-street parking areas and public entrances;

b.

Continuously records each day the hookah lounge or vapor lounge is open, from its opening until at least two hours after 12:00 midnight or its closure to the public, whichever is earlier; and

c.

Retains all video recordings for at least 90 days as business records kept in the normal course of business; and

2.

Ensure that the hookah lounge or vapor lounge complies with all laws, regulations, and requirements, including the applicable noise levels set forth in state law and regulation.

C.

Upon a written request of the Director, a police officer, or a code official, based on a reasonable articulable suspicion that a violation of law has occurred and the records requested are reasonably related to the violation, a permit holder shall produce accounting or business records, including recordings of the video surveillance system required under sub-paragraph b.1 of this section, within 15 calendar days to confirm or maintain permit eligibility.

[Bill No. 99-24]

A.

In consultation with the Chief of Police or their designee, the Director may, based on a finding by a preponderance of the evidence, suspend or revoke a permit:

1.

If a permit holder has received multiple fines under Section 448.7 of these regulations that the Director determines are insufficient to prevent further violations of county law or regulation;

2.

If a permit holder has refused to produce accounting or business records requested under Section 448.3 of these regulations; or if it is deemed in the interest of the public health, safety, and general welfare.

B.

When determining whether to suspend or revoke a permit for a particular circumstance or set of circumstances, the Director may find that a violation of an applicable federal, state, or county law, regulation, or requirement by the permit holder has occurred and constitutes a risk to the public health, safety, or general welfare.

C.

1.

As part of the decision to suspend a permit, the Director may impose reasonable conditions, including previously imposed conditions or additional conditions, for the lifting of a suspension, or for the stay of the revocation of a permit to ensure the health, safety, and welfare of the patrons of the hookah lounge or vapor lounge or the general public.

2.

Any condition so imposed shall be evaluated with a subsequent application for permit renewal and may be continued as a reasonable condition of such renewal.

D.

Upon a decision to suspend or revoke of a permit, the Director shall promptly provide written notice to the permit holder that states the reasons for the suspension or revocation.

[Bill No. 99-24]

A.

Notwithstanding the procedures set forth in Section 448.4 of these regulations, the Director or the chief of police or their designee may order a permit holder to immediately cease all business activity or public gathering on the premises until the following business day if they determine there is an immediate threat to the health, safety, or general welfare of the patrons of the hookah lounge or vapor lounge or the general public.

B.

In addition to an order issued under paragraph A. Of this section, the Director may order the immediate suspension of a permit pending the conclusion of the procedures set forth in Section 448.4 of these regulations.

C.

The Director shall promptly provide written notice of any order issued under this section by both mail and hand delivery.

D.

An order issued under this section may be appealed under Section 448.6.

[Bill No. 99-24]

A decision or order of the director may be appealed to the board of appeals in accordance with § 32-3-401 of the county code and heard de novo if it is related to:

A.

The issuance, denial, or renewal of a permit; or

B.

A decision or order to suspend or revoke a permit.

[Bill No. 99-24]

A.

A permit holder who fails to comply with the requirements set forth in section 448 of these regulations is in violation of these zoning regulations and subject to a fine.

B.

In addition to any other applicable penalties, a permit holder who violates any requirement of section 448 of these regulations is subject to the following fines for violations that occur within a period of 12 months from the date of the first violation:

1.

For the first violation: a fine not to exceed $250; and

2.

For the second violation: a fine not to exceed $500; and

3.

For the third and subsequent violations: a fine not to exceed $1,000.

C.

Each day a violation occurs constitutes a separate offense.

D.

The owner and person in control shall be jointly and severally liable for any fines or other civil penalties imposed against the permit holder.

[Bill No. 99-24]

The department may adopt regulations in accordance with article 3, title 7 of the county code, to carry out the provisions of section 448 of these regulations.

[Bill No. 18-2021]

Live musical entertainment provides a benefit to County citizens and businesses, however, it can also significantly impact the public health, safety, and general welfare of a community. The purpose of this section is to establish reasonable regulations for the presentation of live musical entertainment in the B.L., B.L.R., C.B., B.M., B.R., B.M.M., B.M.B., B.M.Y.C., and M.L. Zones in order to protect the character of the nearby neighborhoods and the public health, safety, and general welfare, while providing live musical entertainment options for County citizens and economic development opportunities in business and commercial areas.

[Bill No. 18-2021]

A.

1.

Notwithstanding other provisions in these regulations that permit live or recorded music as a principal or accessory use, live musical entertainment is permitted on property located in the B.L., B.L.R, C.B., B.M., B.R., B.M.M., B.M.B., B.M.Y.C., M.H., and M.L. Zones as an accessory use to a principal use in accordance with this section.

[Bill No. 2-24]

2.

The owner of a property or lessor if authorized in writing by an owner that qualifies under this section shall obtain a live musical entertainment use permit issued by the Director of the Department of Permits, Approvals and Inspections (the "Director").

3.

In B.M.Y.C. Zones a special live musical entertainment use permit must be obtained to cover any days of live musical entertainment that is outdoors.

4.

A fee schedule for live musical entertainment use permits may be established in accordance with § 3-1-202 of the County Code.

5.

Live musical entertainment, including recorded music, is not considered a nightclub use pursuant to Section 229.1.C for C.B. and B.L.R. Zones, or subject to setback conditions in Section 233.2.D for B.M. Zones if the:

i.

Live musical entertainment is an accessory use to a principal use for a commercial or business venue; and

ii.

The commercial or business venue receives in the previous 30 days more than 50 percent of its gross revenue prior to 9:00 p.m.

B.

The application for a live musical entertainment use permit shall be submitted on a form approved by the Director and shall include supporting information required by the Director.

1.

Anyone applying for or issued a live musical entertainment use permit shall produce accounting records within 15 calendar days upon request to the department of permits, approvals and inspections to confirm or maintain eligibility pursuant to the requirements of this section.

2.

A live musical entertainment use permit shall be required regardless of the frequency of live musical entertainment or the total number of times that live music is provided as an accessory use to a principal use for a commercial or business venue.

3.

For any and all events in the public right-of-way an applicant shall submit an application for a temporary use permit for each event or reoccurring series of like events.

C.

The Director may administratively approve the application and issue a one-year live musical entertainment use permit.

D.

The Director may impose reasonable conditions as part of the approval and issuance of a live musical entertainment use permit to ensure the health, safety, and welfare of the patrons of the establishment and the general public.

E.

All use permit holders shall ensure that the live musical entertainment complies with all laws, regulations, and requirements, including the applicable noise levels set forth in COMAR.

F.

A live musical entertainment use permit shall not be transferred, conveyed, or sold to another person, business, or other corporate entity.

G.

The decision of the Director in this section may be appealed only by the use permit applicant in accordance with Section 449.5.

H.

The Department of Permits, Approvals and Inspections, may adopt regulations in accordance with Article 3, Title 7 of the Baltimore County Code, to carry out the provisions of this section.

A.

The Director, in consultation with the Chief of Police, may suspend or revoke a live musical entertainment use permit when it is deemed in the interest of the public health, safety, and general welfare to do so including, but not limited to, the following circumstances:

1.

Violations of any applicable Federal, State, or County law, regulation, or requirement by any use permit holder; and

2.

The number and severity of calls for police service involving the establishment related to the creation of a public nuisance, or risk to public health, safety, or general welfare.

[Bill No. 18-2021]

B.

The Director shall provide written notice of and the reasons for the suspension or revocation.

C.

Upon a finding by a preponderance of the evidence of facts and circumstances that support the suspension or revocation, a live musical entertainment use permit may be suspended for a period not to exceed 90 calendar days or revoked indefinitely.

D.

A use permit holder may appeal the suspension or revocation of the live musical entertainment use permit to the Director within 15 calendar days of hand-delivery of the notice of suspension or revocation or the date of mailing of the notice, whichever occurs first. The Director will hold a hearing on the appeal within 30 days of the date the appeal is filed and the holder of the suspended or revoked live musical entertainment use permit will be provided notice of the hearing date and time.

[Bill No. 18-2021]

E.

The Director shall issue a written decision within 15 business days of the hearing date. As part of the decision, the Director may impose reasonable conditions, including previously imposed conditions or additional conditions, on a live musical entertainment use permit to ensure the health, safety, and welfare of the patrons of the establishment and the general public. The use permit holder shall comply with these conditions when the suspension period ends or the revocation is lifted.

[Bill No. 18-2021]

F.

1.

When it is determined that there is an immediate threat to the health, safety, or general welfare of the patrons of the establishment or the general public and notwithstanding the suspension or revocation procedures outlined in subsections A through E of this section, the director or their designee may order a commercial or business venue at which live musical entertainment is being played or performed to immediately cease all live musical entertainment on the premises until the following business day.

[Bill No. 18-2021]

2.

The Director may immediately suspend or revoke the use permit as a result of such an order issued pursuant to Section 449.3.F.1 in accordance with the procedures outlined in Subsections A through E of this section.

3.

The decision of the Director to order immediate suspension or revocation of a live musical entertainment use permit pursuant to this subsection may be appealed only by the use permit applicant in accordance with Section 449.5.

A.

Upon approval of the initial live musical entertainment use permit, the applicant shall be required to renew the use permit annually, to be dated from the month of the initial approval.

B.

If conditions or other information submitted to the Director for the initial use permit have not materially changed since the initial approval, such renewal may be approved administratively.

C.

If conditions or other information submitted to the Director for the initial use permit vary materially from the initial approval, the renewal shall be subject to the approval requirements of Section 449.2.

Appeals of the decision of the Director related to the issuance of a use permit or from any decision or order of the Director to suspend or revoke a use permit may be taken to the Board of Appeals in accordance with § 32-3-401 of the Baltimore County Code and Heard De Novo.

A.

Signs convey information which is essential for protecting the safety of Baltimore County's citizens, maintaining order within its communities and advancing the health of its economy.

B.

Businesses, small and large, established and new, contribute to Baltimore County's economic welfare by creating jobs and job opportunities, developing under-utilized and revitalizing depressed areas, and providing an expanded tax base. Because signage is necessary for the success and growth of businesses in the county, the regulation of signage must reasonably accommodate the needs of the business community.

C.

The amount of signage in Baltimore County is excessive. Excessive signage unduly distracts drivers and pedestrians, thereby creating traffic and safety hazards, impairing the utility of the highway system, and reducing the effectiveness of signs and other devices necessary for directing and controlling traffic.

D.

Baltimore County's appearance is marred, property values and public investments are jeopardized, scenic routes are diminished, and revitalization and conservation efforts are impeded by excessive signage and incompatible signage.

E.

The existence of excessive and incompatible signage is contrary to the goals of the County Master Plan, as adopted and amended. Included among those goals are:

1.

Improved quality of commercial corridors, including signage.

2.

Improved compatibility between industrial and residential uses, including signage.

3.

Enhanced control of placement, size and design of commercial corridor signage.

F.

In light of the above, Baltimore County has a substantial interest in promoting the public health, safety and general welfare by reducing or eliminating excessive and incompatible signage.

G.

To that end, these regulations are intended to be the least restricting means to achieve the following:

1.

Eliminate and restrict signs which constitute an actual or potential distraction or other hazard to the safe operation of motor vehicles or the safe passage of pedestrians.

2.

Encourage sound practices in signage, thereby assisting the public to locate facilities, goods and services without undue difficulty, danger, or confusion.

3.

Eliminate unsightly, incongruous signs which tend to depreciate or diminish private and public investments in buildings, sites and highways or hinder or discourage the improvement of residential, business and industrial properties.

4.

Enhance and conserve the attractiveness of natural, landscaped and built environments in Baltimore County, particularly where such attractiveness contributes materially to the stability of communities and the promotion of tourism.

A.

Organization. The specific requirements for erecting and maintaining signs are set forth in Section 450.4. In the various zones or uses, a sign is permitted on the basis of its purpose, i.e., class, and form, i.e., structural type. All signs within the scope of Section 450 are subject to the general requirements in Section 450.6. Particular classes of signs are also subject to the special requirements in Section 450.7. Provisions relating to the administration of and compliance with these sign regulations are in Section 450.8.

B.

Scope.

1.

Unless otherwise provided, authority for erecting or maintaining a permanent or temporary on-premises sign or a permanent off-premises sign derives exclusively from Section 450.

2.

The specific signage regulations for a district created pursuant to Section 259 are applicable to the extent that they impose more stringent requirements than Section 450.

3.

Signs for a planned unit development are subject to the provisions of Section 450, unless specific signage provisions are modified pursuant to Section 430.

4.

In the event of a conflict between Section 450 and Article 23 of the Baltimore County Code, the provisions of Article 23 shall control.

[Bill No. 137-2004]

5.

In the event of a conflict between Section 450 and the Annotated Code of Maryland, Transportation Article, Title 8, Subtitle 7, Regulation of Outdoor Advertising, the provisions of the Code shall govern signs visible from federal-aid primary highways.

6.

All signs must comply with applicable provisions of the Baltimore County Building Code, except that Section 450 shall control to the extent that it imposes more stringent requirements.

C.

Exemptions. The requirements of Section 450 do not apply to the following:

[Bill No. 97-1998^[54]]

1.

A "sign" not "visible" from any "highway" as each of these terms is defined in Section 450.3.

2.

Merchandise displayed for customers and temporary signs incidental to the display of seasonal merchandise, provided that each sign has a maximum area of two square feet, six square feet for a garden center, a maximum height of 15 feet in OR-1, OR-2, O.T., S-E, B.L., B.M., B.R., M.R., M.L.R., M.L., M.H., C.B. and B.L.R. Zones and eight feet in any other zone, and is intended to provide information to customers on the premises provided it adheres to Section 450.6.A.

[Bill No. 106-2008]

3.

A sign consisting solely of words, symbols or characters not more than one inch in height.

[Bill No. 106-2008]

4.

A sign integral to accessory self-service machinery, including, but not limited to, gasoline pumps, automatic banking tellers, vending machines and newspaper boxes, if the sign does not display flashing, blinking, strobing or scrolling.

[Bill No. 106-2008]

5.

A sign identifying the owner or manufacturer of another sign to which it is attached or indicating licensure of another sign to which it is affixed.

6.

A flag of a nation, state or political subdivision.

7.

A flag which displays the emblem, insignia or symbol of a commercial or noncommercial organization or displays an image or written message at a residential dwelling, provided that not more than one such flag per premises or dwelling exists.

8.

Except in the case of an enterprise or joint identification sign, a sign displaying a "street address," as that term is defined in Section 450.3, provided that the sign's copy is no more than four inches high in a residential zone and no more than eight inches high in a nonresidential zone, if the sign does not display flashing, blinking, strobing or scrolling.

[Bill No. 106-2008]

9.

An enterprise or joint identification sign consisting solely of a "street address," provided that the sign does not exceed the maximum area permitted for the sign's class in that zone, if the sign does not display flashing, blinking, strobing or scrolling.

[Bill No. 106-2008]

10.

The part of an enterprise or joint identification sign comprising the "street address," provided that it does not exceed 30 percent of the sign's area, if the sign does not display flashing, blinking, strobing or scrolling.

[Bill No. 106-2008]

11.

A sign erected by a federal or state government, regional or metropolitan district or county agency; a sign required by law, regulation or order to be displayed or posted; or a directional sign within a property, erected in accordance with the Manual on Uniform Traffic Control Devices.

12.

A temporary window sign, if the sign does not display flashing, blinking, strobing or scrolling.

[Bill No. 106-2008]

13.

A seasonal display or decoration, for events such as national holidays, not advertising a product, service or activity.

14.

A permanent freestanding or wall-mounted sign of a volunteer fire company lawfully erected as of July 1, 1997, provided that no additional permanent freestanding or wall-mounted signs otherwise permitted by Section 450 may be erected on the volunteer fire company's premises.

15.

Bus shelters, Class B.

[Bill No. 32-04]

Unless otherwise provided, the following words, as used in Section 450, are defined as follows:

ANIMATION — Any change in physical position by any movement or rotation or which gives the visual impression of such movement or rotation. This includes the foreground and background of the sign.

[Bill No. 106-2008]

AREA — The number of square feet within the perimeter of one continuous rectangle enclosing the face of a sign. Except in the case of a wall-mounted sign, "area" includes the surface of all integral color, framing or other design feature by which the sign is differentiated from the structure supporting it or upon which it is erected. "Area" does not include:

A.

Any structural, supporting or decorative features which are not part of the message of the sign;

B.

Architectural features of the building upon which the sign may be erected, provided that such features are distinguishable from the sign by means of differences of color or similar attributes; or

C.

Air spaces located between freestanding signs of different classes which are erected on a common or shared supporting structure.

BACKGROUND — That part of a sign lying behind the foreground.

[Bill No. 106-2008]

BLINKING — To illuminate intermittently at a rate of change that is less than the allowable frequency.

[Bill No. 106-2008]

CHARACTER — A symbol, letter or numeral that communicates information.

[Bill No. 106-2008]

COLOR — A specific combination of hue, saturation, and lightness or brightness; a color other than as contrasted with black, white or gray.

[Bill No. 106-2008]

COMMERCIAL — That which relates to a for-profit business organization engaging in the sale, rental, lease or exchange of goods, products, services or properties of any kind.

COMMUNITY BUILDING — A building used for recreational, social, educational or cultural activities which is open to the public or a designated part of the public and is operated by a public or noncommercial organization.

CONTIGUOUS SIGN — A sign having any part located within one foot from any part of another sign in the same class, except that, in the case of a freestanding sign, "contiguous sign" means a sign having its support structure integral to the support structure of another sign in the same class.

DEALERSHIP — A commercial business organization licensed by the state to sell new motor vehicles. For the purpose of Section 450, the term "new motor vehicles" includes new "two-stage vehicles" as defined by state law. ^[55]

DISPLAY AREA — That part of the sign background actively involved with changeable copy.

[Bill No. 106-2008]

DOUBLE-FACED — Two freestanding, projecting or banner sign faces of equal dimensions and height having a horizontal angle between the vertical planes of the two sign faces of at least 330 degrees or less and a distance between the two sign faces at their closest points of less than two feet.

ERECT — To display, construct, build, raise, assemble, place, affix, attach, paint, draw or otherwise bring a sign into being. "Erect" also means to reconstruct, enlarge, replace or relocate a sign previously erected. "Erect" does not mean the maintenance or repair of a sign governed by Section 450.6.C.

FACE — The flat planar surface within a continuous perimeter enclosing the outer limits of the message of a sign.

FLAG — A panel of fabric of distinctive design that is used as a symbol (as of a nation), as a signaling device, or as a decoration.

[Bill No. 106-2008]

FLASHING — The intermittent change, whether directly or indirectly, to an illuminated sign, which exhibits a change to the natural or artificial light or color effects by any means whatsoever.

[Bill No. 106-2008]

FOREGROUND — That part of a sign that is nearest to the spectator and lying in front of the background.

[Bill No. 106-2008]

FREQUENCY — The rate of change within a given unit of time. "Change" refers to any variation.

[Bill No. 106-2008]

FRONTAGE — A lot line of a premises which is co-terminous with a right-of-way line of a highway to which the premises has or would be allowed pedestrian or vehicular access.

HEIGHT — The vertical distance from the highest point on a freestanding sign to the horizontal projection of the closest point at grade. In instances where it is evident that the grade has been artificially built up above the natural or surrounding finished grade, the vertical distance will be measured by projecting the natural or surrounding finished exterior grade to the closest point of the freestanding sign.

HIGHWAY — A street, road, motorway, expressway, freeway, alley, sidewalk, walkway or similar public facility used for vehicular or pedestrian travel, excluding a pedestrian concourse within an enclosed mall or any sidewalk on private property.

IDENTITY — The name of a person, organization or place displayed on a sign, including the street address or the trademark, logotype, initials or other symbol customarily associated with the name.

ILLUMINATION — The use of artificial light emanating from a sign, or directed at a sign from one or more sources external to the sign face, which makes the sign visible or more readily legible during daylight and non-daylight hours.

[Bill No. 106-2008]

INSTITUTIONAL STRUCTURE — A hospital, school, volunteer fire company, church, house of worship or religious assembly.

LEAN-TO ROOF — A pitched roof that has a slope on only one side where the upper edge is attached to an existing structure or wall.

[Bill No. 62-23]

MANSARD — An architectural element having a roof-like appearance which is above a building wall and has a slope of not less than 30 degrees measured from the lowest to the highest point of the mansard.

MESSAGE — A communication, statement or display of information or ideas through written words, letters, numerals, symbols, images, colors, illumination or theme comprising the face of a sign. The "message" may be distinguishable from the structural and supportive elements of the sign.

NEW MOTOR VEHICLE SIGN — A sign which identifies the brand of new motor vehicle authorized for sale under a franchise agreement between a state licensed dealership and state licensed manufacturer, distributor or factory branch.

OFF-PREMISES SIGN — Any sign which is not an on-premises sign.

ON-PREMISES SIGN — A sign erected on a premises to which the sign directly pertains.

ORDER BOARD — A wall-mounted, freestanding or projecting sign displaying information about ready-to-consume food or beverages available for sale to motorists within their vehicles.

OWNER — The person holding legal title to a sign or, if the sign is not separately titled, the owner of the property on which the sign is located.

PERMANENT SIGN — A sign other than a "temporary sign" or "portable sign" as each of these terms is defined or identified in this section or in the Baltimore County Building Code, Section 3102.2.

PORTABLE SIGN — A sign that is not securely anchored to the ground or to a building or structure, is intended to display a message and is comprised of or located on:

A.

A wheeled or movable designed framework.

B.

A motor vehicle, whether operative or not, as defined by the Annotated Code of Maryland, Transportation Article.

C.

A movable structure.

D.

Movable materials.

E.

A wearable sign, including a wearable sandwich board or hand-held sign.

[Bill No. 4-24]

PREMISES — A recorded lot, or in the case of a multi-occupant lot such as a shopping center, office park or industrial park, the total area of the development under common ownership or control. "Premises" also means two or more contiguous lots under common ownership, leasehold or other assignment of interest in real property which are used as a unified parcel.

SCROLLING — Any movement of text, pictures, or graphics, horizontally, vertically, or diagonally across the display area.

[Bill No. 106-2008]

SIGN — Any structure or other object, or part thereof, which displays any word, illustration, decoration or other symbolic representation which:

A.

Is used or intended to inform, advertise or otherwise attract attention or convey a message regarding an activity, condition or commercial or noncommercial organization, person, place or thing.

B.

Has a "face" that is "visible" from a "highway" as each of these terms is defined in this section.

STREET ADDRESS — The numerals or letters designating the address assigned to a premises. A "street address" may also include the name of the street on which a premises is located.

STROBE — High-intensity short-duration light pulses.

[Bill No. 106-2008]

TEMPORARY SIGN — A sign constructed of cloth, fabric or other lightweight material, with or without a structural frame, that is intended to display a message for a limited period of time. A "portable sign" shall not be considered a "temporary sign" for the purpose of these regulations.

UNIMPROVED LOT — A lot recognized on a recorded plat but not yet conveyed to a third party.

[Bill No. 97-1998]

VIDEO — The ability to change both foreground or background utilizing electronic means to change light, color, text, symbols or images.

[Bill No. 106-2008]

VISIBLE — Refers to a sign that is capable of being seen, legibly or not, without visual aid, by a person with normal eyesight.

The following table ^[56] specifies the allowable combinations of sign classes and sign types, along with the use, permit, area, height and other pertinent limitations. Each column in the table has a Roman numeral heading, along with a corresponding summary title. The following descriptions of each summary title are incorporated into the table:

A.

Class (I): The entries in this column identify and define the various categories of signs. Each sign must be categorized in a single class. For any sign that meets the definition of more than one class, the more restrictive class will control.

[Bill No. 97-1998]

B.

Structural Type (II): The entries in this column identify the various structural types of signs, as defined in Section 450.5, which may be used to display signs in a given class, subject to the limitations in the succeeding columns.

C.

Zone or Use (III): The entries in this column establish the zone(s), e.g., B.M., B.R., etc., in which signs of the various class and structural type combinations may be displayed. In certain cases, a sign's permissibility is associated with a particular land use, e.g., farm market, in whichever zone(s) such use is otherwise permitted by the Zoning Regulations.

D.

Permit Required (IV): The entries in this column indicate whether a specific permit is required for erection or maintenance of a sign. "None" indicates that a permit is not required, provided that the sign complies with all other applicable provisions of this section. "SE" indicates that each sign is permitted only as a special exception use authorized pursuant to Section 502 of the Zoning Regulations. "Use" indicates that a use permit for each sign must be obtained pursuant to Section 500.4 of the Zoning Regulations.

[Bill No. 97-98]

E.

Maximum Area/Face (V): The entries in this column establish the maximum area, in square feet, or the formula for calculating the maximum area, permitted within the face of each sign in a given class, regardless of structural type. Unless otherwise expressly stated, the maximum area is considered the limit for each sign face if more than one sign is permitted in Column VI. If double-faced signs are erected, only one face area is counted toward the maximum area allowed. For freestanding signs, the maximum area may be increased pursuant to Section 450.5.B.4.d.

F.

Maximum No./Premises (VI): The entries in this column establish the maximum number of separate signs in a given class, or the formula for determining the maximum number, which may be displayed on a single premises. Unless otherwise provided, the maximum number of signs applies to any combination of signs included in each separate lettered paragraph under Column II. A double-faced sign is considered one sign. Where a sign is permitted on the basis of a building, frontage or vehicular entrance, the sign must be erected only upon the building or frontage, or at or near the vehicular entrance, for which it is permitted.

G.

Maximum Height (VII): The entries in this column specify the maximum allowable height for freestanding signs only, subject to the additional limitation in Section 450.5.B.4.c.

H.

Illumination (VIII): The entries in this column indicate whether a sign may be illuminated, subject to the requirements of Section 450.6.B.

I.

Additional Limitations (IX): The entries in this column indicate additional limitations or identify cross-references to applicable sign provisions elsewhere in Section 450.

A.

In general. The restrictions imposed by this section are intended to directly relate to the structural form in which a sign is erected or displayed. Type is determined by the general structural character of the sign. In addition to the general limitations imposed by the table in Section 450.4, the structural types defined below are subject to the specific limitations of this section.

B.

Structural type definitions and restrictions.

1.

Awning: A fixed or retractable nonfixture covering, which projects from above a window to provide shade or from above an entrance or walkway to provide shade and shelter. Awning signs are subject to the following:

a.

An identification or enterprise sign consisting of one copy line of not more than nine inches high may be displayed either on each vertical face of an awning or on each valance.

b.

One logotype, set of initials or similar identifying symbol, not exceeding eight square feet in area, may be displayed on not more than one nonvertical surface of each awning.

2.

Banner: A temporary sign displayed on cloth, canvas or a similar flexible material and designed to be mounted on an open framework, hung from posts or poles or wall mounted.

3.

Canopy: A fixed, roof-like structure, other than an awning, which projects from a wall of a building and extends along a majority of the wall's length or over an entrance to a building that may or may not provide shelter over an entrance or walkway. "Canopy" includes a marquee, but excludes a "service station canopy" for purposes of this section. Canopy signs are subject to the following:

[Bill No. 44-2014]

a.

Excluding the face of the canopy, the area of that part of the wall behind a canopy and that part of the wall from which the canopy projects is considered part of the total wall area for determining maximum area under Section 450.4.

b.

A sign erected on the vertical face of a canopy may not extend below the face of the canopy, or beyond either end of the face of the canopy, unless the continuation of the sign is wall-mounted. A sign attached to the face of or on top of the canopy may extend above the vertical face of the canopy as provided in Section 450.4. A canopy sign may not extend above the roofline of a building unless otherwise permitted by Section 450.

4.

Freestanding sign: A sign that is maintained on a structural framework or supporting element, including a post or a pole, fixed in the ground, but is not attached to a building. Freestanding signs, except outdoor advertising and those that are temporary, are subject to the following:

a.

Within a single premises, no freestanding sign may be erected within 100 feet of another freestanding sign having an area larger than eight square feet.

b.

On the same side of a highway, no freestanding joint identification sign may be erected within 100 feet and no enterprise sign may be erected within 25 feet of a residential zone.

c.

The maximum height of a freestanding sign may not exceed the height specified in Section 450.4.

d.

The maximum area for any freestanding sign permitted in Section 450.4 may be increased relative to the setback from a right-of-way of the nearest highway on which a premises has frontage:

(1)

Five percent if the setback is at least ten feet.

(2)

Ten percent if the setback is at least 20 feet.

(3)

Fifteen percent if the setback is 50 feet or more from the right-of-way.

5.

Integral sign: A sign comprising part of the face of a building by being carved or cast, as in stone, bronze or aluminum, or otherwise made or affixed as a permanent component of the building to display such information as building name, date of erection, commemorative citations or the like. An integral sign is not subject to the provisions of Section 450.8 pertaining to abandoned or nonconforming signs or abatement.

6.

Projecting sign: A sign having its structural framework or supporting elements attached to a wall of a building with a face which is more than one foot from the wall at any point on the face or is not in a plane parallel to the wall. "Projecting sign" does not include wall-mounted, roof, canopy or awning signs. Projecting signs are subject to the following:

a.

A projecting sign may not be higher than the lesser of:

(1)

The height of the eaves, cornice or parapet at the top of the wall to which it is attached; or

(2)

A height of 25 feet from the base of the wall below the sign.

[Bill Nos. 25-2013; 49-2016]

b.

A projecting sign may not extend horizontally more than four feet from the wall to which it is attached, except that a projecting sign may extend five feet and may have a maximum area up to ten percent larger than would be permitted under Section 450.4 if the sign is:

[Bill Nos. 25-2013; 49-2016]

(1)

Attached to a building on a corner lot at an angle that approximately bisects the angle of the corner; and

(2)

The only projecting sign on the building.

c.

If a projecting sign extends over a sidewalk or walkway, no part of the sign may be closer than:

(1)

One foot horizontally from the vertical plane of the nearest curb face; and

(2)

Ten feet vertically from the nearest point on a sidewalk beneath the sign. ^[57]

7.

Roof sign: A sign erected upon the roof of a building. "Roof sign" includes a sign having its structural framework or supporting elements attached, in whole or in part, to a roof, but does not include a sign erected upon a mansard or a lean-to roof, as those terms are defined in Section 450.3. Roof signs are prohibited, except as provided in Sections 450.4.5(p) and 450.4.5(q).

[Bill Nos. 65-2011; 21-2014; 62-23]

8.

Service station canopy: An open-sided structure, whether or not it is attached to a building or erected over fuel pumps or service islands at a fuel service station pursuant to Section 405 of these regulations. A "service station canopy" is not considered a canopy or a freestanding sign for purposes of this section. Service station canopy signs are subject to the following:

a.

A sign may be erected upon a face of a service station canopy, provided that it does not project above, below or beyond either end of the face. Signs may be erected on or between, and attached to, structural columns which support the service station canopy.

b.

Signs permitted on or under a service station canopy may not be erected elsewhere or combined with other signs permitted on the premises.

9.

Wall-mounted sign: A sign painted on a wall of a building or structurally attached to a building wall in a plane parallel to the wall, including a sign erected upon a mansard, as defined in Section 450.3. Wall-mounted signs are subject to the following:

a.

No part of a wall-mounted sign other than lighting fixtures may project more than 18 inches from the wall to which it is attached.

b.

No part of a wall-mounted sign may extend above the eaves or parapet, whichever is higher, at the top of the wall to which it is attached, or be placed on the walls or screening enclosing elevator, air conditioning or similar utility mechanisms which project above the eaves or parapet.

c.

No part of a sign erected on a mansard may extend more than four feet from its surface, project beyond the vertical plane of the fascia or eaves at the base of the mansard, or extend above the face or beyond either end of the face of the mansard.

10.

Enterprise window sign: An enterprise sign mounted on the interior of an enclosed structure that is visible from the exterior of the structure. A sign applied or attached to the exterior of a window is considered to be a wall-mounted sign as covered by Section 450.5.B.9.

[Bill No. 106-2008]

11.

Time and temperature sign: A sign or portion thereof that displays time, temperature or date only. A time and temperature sign may not display flashing, blinking, animation, strobing or scrolling.

[Bill No. 106-2008]

A.

Prohibitions. Unless otherwise provided, the following prohibitions are applicable to all signs within the scope of Section 450:

1.

No sign may be erected or maintained at any highway intersection or at any other place, including intersections with railroads or with driveways intended for general public use, in such a manner that its location, position, size, shape, color or illumination obscures or impairs a motorist's clear view of traffic conditions, pedestrian crossings or any part of a sign or signal erected by a governmental entity. Except for official signs and directional signs erected in compliance with the Manual on Uniform Traffic Control Devices, signs in every zone are subject to the clear-sight-triangle provisions in Section 102.5.

2.

No sign may imitate or resemble a sign or signal erected by a governmental entity for traffic control, except that:

a.

To the extent permitted by state law or regulation, directional signs erected to control traffic within a premises must be designed and placed in accordance with the Manual on Uniform Traffic Control Devices.

b.

Notice signs may make appropriate use of cautionary wording and symbols.

3.

No sign may be worn, held, placed in, or project into or above, a county or state right-of-way or any area owned by a government entity unless otherwise permitted under the Baltimore County Code, as amended, provided that the foregoing shall not prohibit on-premises signs for grand openings.

[Bill No. 4-24]

4.

No part of a sign, or its structural framework or supporting elements, may obstruct any window or opening intended to provide light or air to a building or to any window, door, fire escape, stairway, ladder or opening giving, or intending to give, access to or from a building, fire hydrant or standpipe.

5.

No vehicle or trailer of any kind may be placed or parked in any location for the purpose of displaying a sign attached thereto or placed or painted thereon.

6.

Except for flags exempted under Sections 450.2.C.6 and 450.2.C.7, flags, pennants, ribbons, streamers, tethered balloons, laser projections and similar objects are prohibited.

7.

Except for A-frame and sandwich board signs which are in B.M.-C.T. Zones and which have been issued a use permit subject to the terms and conditions determined by the Director of Permits, Approvals and Inspections, portable signs are prohibited. A portable sign may only be displayed during the business hours of the premises to which it is accessory.

[Bill No. 122-2010]

8.

Except for an outdoor advertising sign with tri-vision, a changeable copy sign, or a thermometer, barometer, weather vane, barber pole or clock, a sign may not display or simulate any moving part or automatically changing message. A changeable copy sign may not display video, flashing, blinking, animation, strobing or scrolling.

[Bill No. 106-2008]

9.

No sign shall emit sound except those types exempted in Section 450.2.C.11.

[Bill No. 106-2008]

B.

Illumination. Illuminated signs are subject to the following:

1.

The light emanating or reflecting from, or projecting onto, a sign shall be shaded, shielded or directed so that its intensity does not cause a glare or a similar adverse effect on neighboring properties, highways or parking areas.

2.

Projected illumination must be reasonably confined to the face of the sign.

3.

Except for that portion of a changeable copy sign displaying time or temperature, all elements illuminating a sign shall operate at a constant intensity so that no sign has the appearance of movement or of being illuminated by flashing, blinking, strobing, oscillating or alternating lights. The message display for changeable copy signs displaying time or temperature is restricted to date, time and temperature only.

[Bill No. 106-2008]

4.

A sign may be displayed with reflectorized surfacing if illumination is prohibited.

C.

Erection and maintenance.

1.

All signs shall be erected in accordance with the applicable provisions of the Baltimore County Building Code.

2.

All signs, including structural framework or supporting elements, shall be securely erected and maintained in a safe and presentable condition at all times through replacing defective, missing or damaged parts; cleaning; painting; or other acts necessary for proper upkeep, provided that maintenance may not be used to alter a sign's character to the extent that it is no longer permitted at its location.

3.

For a lawfully erected sign, a building or use permit or a special exception is not required for changing the sign's face only, provided that this does not alter the sign's character to the extent that it is no longer permitted at its location, except when changing from a manual changeable copy to an electronic changeable copy sign.

[Bill No. 106-2008]

A.

Directory signs. In addition to the limitations of Section 450.4, directory signs are subject to the following:

1.

The lettering on a directory sign indicating the names and locations of occupants may not be larger than two inches high. Other lettering may not be larger than three inches high.

2.

In an OR-1, OR-2, O.T., M.R., M.L.R. or M.L. Zone, a directory sign is permitted if at least 75 percent of the tenants or functions have independent direct outside access to the building.

3.

There must be a minimum 25 feet of separation between directory signs located on a single premises.

B.

Changeable copy signs. In addition to the limitations of Section 450.4, changeable copy signs are subject to the following:

[Bill Nos. 106-2008; 65-2011; 74-2011; 3-2014]

1.

Changeable copy signs accessory to a planned shopping center or any separate commercial establishment in a Business Zone are subject to the following limitations:

a.

A freestanding changeable copy sign may be erected only as an integral part of an otherwise permitted enterprise or joint identification sign.

b.

Up to 50 percent of the erected sign area of a permitted enterprise or joint identification sign may be devoted to changeable copy. This paragraph does not apply to a sign located within a state-designated transit-oriented development in the C.T. District of Owings Mills.

[Bill Nos. 16-2015; 49-2016]

c.

Animated signs require special exception approval by the Baltimore County Zoning Commissioner.

d.

Electronic changeable copy signs are not permitted in the C.R. District.

2.

Electronic changeable copy signs are not permitted:

a.

Within 250 feet of National Scenic Byways as designated by the United States Department of Transportation;

b.

In Historic Districts; or

c.

Outside the urban rural demarcation line, if located within the boundary of the Greater Kingsville Community Plan Area.

[Bill No. 66-23]

C.

Outdoor advertising signs. In addition to the limitations of Section 450.4, outdoor advertising signs are subject to the following:

1.

An outdoor advertising sign may not be erected in the following locations:

a.

Outside the urban-rural demarcation line.

b.

In a place where it can be seen from a scenic route designated in the Master Plan, as determined by the Director of the Department of Planning.

[Bill No. 55-2011]

c.

Less than 200 feet from a residential zone, measured along the adjoining road, or more than 50 feet from the right-of-way line of the highway along which the sign is erected, notwithstanding contrary provisions of these regulations regarding front yard setbacks.

d.

Less than 1,000 feet from another outdoor advertising sign on the same side of a highway.

e.

Less than 100 feet, measured along the adjoining road, from the right-of-way of any intersecting highway.

f.

Less than 250 feet from the right-of-way of any controlled-access-type highway or less than 100 feet from the right-of-way of any other dual highway.

g.

Within a town center or revitalization area, except at sites designated as appropriate for outdoor advertising signs in an officially adopted plan for that area.

2.

A new outdoor advertising sign may be erected, subject to the following limitations:

a.

A new outdoor advertising sign may not be erected until after the removal of:

(1)

One lawfully erected outdoor advertising sign; or

(2)

Legally nonconforming on-premises signs equal in area to the new outdoor advertising sign.

b.

Removal of eligible signs shall occur in designated priority areas, as determined by the Director of the Department of Planning. The Director shall submit a map to the County Council for approval which, based on the Master Plan, delineates priority areas of the county for sign removal. The Council may amend the proposed map at any time by resolution.

[Bill Nos. 33-2004; 55-2011]

c.

If an applicant chooses to remove on-premises signs, only signs classified as enterprise or joint identification signs under Section 450 are eligible for removal.

d.

At a special exception hearing, an applicant shall prove the existence of an irrevocable commitment to remove eligible signs within a designated priority area.

e.

A use permit for the erection of the new outdoor advertising sign may not be issued unless an applicant proves that the required outdoor advertising or on-premises signs were removed.

3.

Outdoor advertising signs erected within 500 feet of a state highway shall comply with the license and permit requirements of the Annotated Code of Maryland, Transportation Article, Title 8, Subtitle 7, Regulation of Outdoor Advertising.

4.

The owner of a lawfully erected and maintained outdoor advertising sign which is removed or required to be removed by the county shall be compensated pursuant to the Annotated Code of Maryland, Article 25, Section 122E.

5.

On the date a property is posted for a special exception hearing, the applicant shall send a letter by certified mail to the owners of all residentially zoned property within 100 feet of the proposed outdoor advertising sign, including the date, subject, place, time and purpose of the special exception hearing.

6.

Outdoor advertising signs with tri-vision may be erected, subject to the following limitations:

a.

An outdoor advertising sign with tri-vision may not be erected until after the removal of:

(1)

Two lawfully erected outdoor advertising signs; or

(2)

Legally nonconforming on-premises signs equal to twice the area of the tri-vision sign.

b.

Removal of signs must occur in designated priority areas, set forth in the annual map submitted by the Director of the Department of Planning and approved by the County Council.

[Bill No. 55-2011]

c.

There shall be a maximum of seven outdoor advertising signs with tri-vision within the county.

d.

An outdoor advertising sign with tri-vision shall be erected only where an existing, lawfully erected outdoor advertising sign is located as of July 1, 1997.

e.

An outdoor advertising sign with tri-vision may not be larger than the outdoor advertising sign it is replacing.

f.

An outdoor advertising sign with tri-vision may not rotate from one sign face to another less than every ten seconds. The actual rotation process must be completed in a least four seconds.

g.

The Zoning Commissioner may deny an applicant's request for a special exception upon a finding that an outdoor advertising sign with tri-vision would create a traffic hazard.

7.

Except for an outdoor advertising sign with tri-vision as regulated by Section 450.7.C.6, an outdoor advertising sign may not display animation, video, flashing, blinking, strobing or scrolling.

[Bill No. 106-2008]

D.

Construction and subdivision construction signs. In addition to the limitations under Section 450.4, construction and subdivisions signs are subject to the following:

1.

Two construction signs erected as a contiguous sign constitute one sign.

2.

The distance between any two contiguous signs structures may not be less than 1,000 feet.

3.

On the same side of the highway, no construction or subdivision construction sign may be erected within:

a.

Fifteen feet from a lot line of a premises not contained in the construction site or subdivision for which the sign is erected; or

b.

One hundred feet from a dwelling or other principal building on a premises not contained in the construction site or subdivision for which the sign is erected, except that, if the sign does not exceed 64 square feet in an area, it may be placed not less than 75 feet, and, if the sign does not exceed 32 square feet, it may be placed not less than 35 feet from such a dwelling.

4.

Construction and subdivision construction signs shall be removed seven days after completion of construction or after the sale of the last unit or lot in the subdivision, whichever is later.

E.

Other temporary signs. In addition to the limitations of Section 450.4, the following requirements apply:

1.

Real estate signs.

[Bill No. 136-1997]

a.

A real estate sign regarding the availability of a premises for purchase or rental may be displayed not more than seven days after the transfer of title or the leasing of the premises to which the sign pertains. The sign may state "sold" or "under contract" following signing of a contract for sale of the premises or may state "leased" following leasing of the premises.

b.

A real estate sign regarding the availability of a premises at auction may be displayed not more than 21 days before an auction and shall be removed immediately following the conclusion of the auction.

2.

No special event or commercial special event sign may be displayed for more than 30 days before or five days after the event to which it pertains. No premises may display a special event or commercial special event sign for more than 60 days in any calendar year.

3.

A special event or political campaign sign may be erected as an off-premises sign on private property with the permission of the property owner.

F.

Political campaign signs. ^[58]

[Bill Nos. 136-1997; 97-1998; 139-2006]

1.

Political campaign signs, if required by state law to contain an authority line on behalf of a candidate or political issue, may be erected on private property no earlier than 45 days prior to any primary election.

2.

Political campaign signs must be removed within seven days after the closing of the polls following any primary election by any unsuccessful primary candidate and within seven days after the closing of the polls following any general election by all other candidates.

A.

Interpretation.

1.

In considering requests for special exceptions and variances, the provisions of this section shall be strictly construed, unless the demonstrable effect of a liberal construction will prevent or reduce the confusion and visual clutter caused by excessive signage.

2.

No special exception or variance may be granted if it will result in the authorization of a sign class which is not otherwise permitted for a particular zone or use by Section 450.4.

3.

A sign for which a special exception, development plan, use permit or variance has been approved prior to the effective date of Bill No. 89-1997 may be erected in accordance with the sign provisions in effect at the time of said approval, subject to the abatement provisions of Section 450.8.D.

B.

Abandoned signs. In order to prevent blight in established communities, diminution of property values, hazards of personal injury or damage to adjacent properties, the provisions of Section 450.8.B shall be construed, to the greatest extent possible, to require the removal of abandoned signs at the earliest possible moment.

1.

A temporary sign is considered abandoned on the seventh consecutive day following the conclusion of the event or activity to which it pertains.

2.

A permanent sign is considered abandoned one year after the commercial or noncommercial organization to which it was accessory permanently ceases operating.

3.

An outdoor advertising sign is considered abandoned 180 days after its owner has ceased to display a message thereon.

4.

An abandoned sign shall be removed by the owner of the premises or the owner of the sign if different from the owner of the premises. If an abandoned sign is not removed, it may be removed by the county in a manner provided by law. In the case of an abandoned freestanding sign which is not a contiguous sign, all structural framework or supporting elements other than the foundation upon which the sign is erected must also be removed.

C.

Nonconforming signs.

1.

A sign violating any provision of Section 450 shall be considered:

a.

A legally nonconforming sign if the sign was lawfully erected and complies with all applicable sign laws and regulations in effect prior to the effective date of Bill No. 89-1997; or

b.

An illegal sign, if the sign was not lawfully erected, is in violation of applicable sign laws and regulations in effect prior to the effective date of Bill No. 89-1997 or is prohibited under Section 450.6.A.

2.

A legally nonconforming sign may continue to exist, subject to the maintenance requirements of Section 450.6.C and the abatement requirements in Section 450.8.D.

3.

An illegal sign must be removed in accordance with the abatement provisions in Section 450.8.D.

4.

Notwithstanding the maintenance requirements of Section 450.6.C, a legally nonconforming sign may be structurally altered, replaced, relocated or otherwise changed only for the purpose of correcting nonconformity. This requirement is not applicable to changes of copy or message on the face of a legally nonconforming sign.

5.

A sign accessory to a nonconforming use is also considered nonconforming if the sign does not comply with Section 450. Termination of the right to continue the nonconforming use pursuant to Section 104 of these regulations also terminates the right to maintain the sign.

6.

A person desiring a determination on a nonconforming sign may petition the Zoning Commissioner in accordance with Section 500.7 of these regulations.

7.

A sign that is legally nonconforming solely because of a change in the "urban area" boundary pursuant to 23 U.S.C. Section 101(A) or the Annotated Code of Maryland is not subject to the abatement requirements of Section 450.8.D.

8.

There are a small number of nonconforming signs that are of such extraordinary significance to the county or the community that removal would be detrimental. At least 14 days prior to the adoption of Bill No. 89-1997, or at any time thereafter, the owner of a nonconforming sign may request an exemption from the abatement provisions of [Section] 450.8.D based on the historical, traditional, cultural or aesthetic value of the sign. In making a determination, the Director of the Department of Planning shall consider the significance of the sign, its conformity to the Master Plan, as amended, and the difficulty of making the sign structurally sound without substantially destroying its character. If the Planning Board approves an exemption from the provisions of Section 450.8.D, the sign shall remain exempt from the provisions of Section 450 if the sign is relocated or if the use to which the sign is accessory changes; however, the sign shall be subject to repair and removal if the Director of Permits, Approvals and Inspections determines that the sign is damaged or deteriorated to the extent that it constitutes an imminent danger to the public safety.

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

D.

Abatement.

1.

Because the indefinite continuation of many nonconforming signs would perpetuate conditions contrary to the policies expressed in Section 450.1.A, all nonconforming signs except as provided herein must be brought into compliance or be removed within a certain time limit. Fairness will be enhanced in the future through uniform application of these regulations. Sign owners will be encouraged to comply with Section 450 and will be given a reasonable time period to recover their investments in existing signage. Therefore, except for enterprise signs in residential zones, temporary signs, and legally nonconforming signs erected prior to 1960 along numbered U.S. Highways, excluding U.S. Route 1, all legally nonconforming signs, including those approved by variance pursuant to Section 307 of these regulations, must be removed, at no expense to the County, no later than 15 years from the effective date of Bill No. 89-1997.

[Bill No. 42-2014 ^[59]]

2.

A legally nonconforming sign which must be removed may continue to exist if the sign is brought into, and thereafter remains, in compliance with the provisions of Section 450.

3.

A sign shall be removed on the effective date of Bill No. 89-1997 if the sign:

a.

Was not lawfully erected or is in violation of the applicable sign laws and regulations in effect prior to the effective date of Bill No. 89-1997;

b.

Is abandoned pursuant to Section 450.8.B;

c.

Violates Section 450.6.A.1 through 7;

d.

Is damaged or deteriorated to the extent that it constitutes an imminent danger to the public safety.

4.

Notwithstanding the provisions of Section 104.1 concerning nonconforming uses, a sign must be removed or brought into compliance with Section 450 by the 180th day after the effective date of Bill No. 89-1997 if the sign: