Bel Air City Zoning Code
PART 2
Zoning
§ 165-1 Title.
This chapter shall be known as the "Town of Bel Air Development Regulations."
§ 165-2 Legislative authority.
A.
This chapter is adopted pursuant to the authority contained in the Annotated Code of Maryland (Volume 3, 2003 Replacement Volume, 2008 Supplement, Land Use Article).
[Amended 4-3-2017 by Ord. No. 780-17]
B.
When any provision of this chapter refers to or cites a section of the Annotated Code of Maryland, the most recent revision of the code shall be referenced.
C.
The Official Town Zoning Map[1] shall be the Comprehensive Town Zoning Map adopted by legislative action simultaneously herewith or subsequent hereto. The Town of Bel Air Development Regulations and the Official Town Zoning Map shall apply to all properties within the Bel Air corporate limits. These regulations include the Town's zoning, subdivision, signage and landscape requirements, as well as an outline of associated procedures and the Zoning District Map. Titles, chapter and section headings are not regulatory. Copies of the Official Town Zoning Map and Town of Bel Air Development Regulations are available at the Bel Air Department of Planning and Community Development and the Bel Air Town Hall.
[1]
Editor's Note: Said map is included as an attachment to this chapter.
§ 165-3 Jurisdiction.
A.
All requirements noted in this chapter shall be effective throughout the Town's incorporated limits. A map showing the current boundaries of the Town is available for review at the Town Department of Planning and Community Development and at the Bel Air Town Hall.
B.
Based on Chapter 268, Article IV, § 268-19C(1)(c), of the Harford County Code, as amended, the county shall provide copies of plans for all proposed major subdivisions or other large-scale developments within a one-mile radius of the Town. The Town may provide oral or written comments regarding the plan. Conversely, the Town shall provide copies of all proposed major subdivisions and large-scale developments within the Town to the County Department of Planning and Zoning for oral or written comments. Such comments will be formally presented to the Planning Commission as part of its review process.
§ 165-4 Effective date; repealer.
The provisions of this chapter were adopted on July 12, 2010, and became effective on August 2, 2010. Ordinance No. 663-03, Town of Bel Air Development Regulations, and all amendments thereto shall, as of the effective date of the Town of Bel Air Development Regulations, be of no further effect or validity, except as to the extent that specific continuing rights are granted by the terms of the Town of Bel Air Development Regulations.
§ 165-5 Purpose.
[Amended 4-3-2017 by Ord. No. 780-17]
These regulations are adopted in accordance with the Annotated Code of Maryland, Land Use Article. The purpose of the Town of Bel Air Development Regulations is to:
A.
Carry out the policies of the Town of Bel Air Comprehensive Plan by classifying and regulating the uses of land and structures within the Town. The Town of Bel Air Development Regulations are adopted to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare of residents and businesses in the Town.
B.
Implement the goals, objectives, policies and programs of the Town of Bel Air Comprehensive Plan, and to manage future growth and development in accordance with that plan.
C.
Provide standards for the orderly growth and development of the Town that will maintain the community's small-town characteristics in an increasingly urban Harford County setting and provide logical extension and integration with the surrounding communities that support the growth of the Town as an extension of the historic core.
D.
Require high-quality planning and design for development that enhances the visual character of the Town, avoids conflicts between land uses, provides adequate light and air for individual buildings, and preserves the scenic and historic qualities of the Town.
E.
Conserve and protect the natural resources of the Town, its natural beauty and significant environmental amenities, while emphasizing compact development that is sustainable and reduces the community's carbon footprint.
F.
Create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewerage and other public facilities and utilities.
G.
Provide regulations for the subdivision of land that will ensure orderly growth and development, the proper arrangement of streets and utilities, and satisfaction of the Town of Bel Air's Comprehensive Plan land use goals and objectives.
H.
Regulate all exterior signs so as to protect property values and protect the character of neighborhoods and avoid excessive competition and clutter among sign displays in their demand for public attention.
I.
Preserve structures and lands of archeological, historic and architectural value, together with their appurtenances and environmental settings.
J.
Promote efficient movement for all modes of transportation, control congestion, enhance environmental protection, increase access to nature and recreation and provide the community with needed amenities.
K.
Provide adequate transportation, water, sewer, schools, recreation and parks services and facilities, along with other public requirements needed to support new and existing development.
§ 165-6 Effect of Comprehensive Plan.
The Town of Bel Air Comprehensive Plan is the basis for the Town of Bel Air Development Regulations. The Town of Bel Air Comprehensive Plan was adopted with the general purpose of guiding and accomplishing the coordinated and harmonious development of the Town.
§ 165-7 Conformance.
All uses, structures, modifications and establishments of lots must be in compliance with the Town of Bel Air Development Regulations. No person may use, expand, convert, enlarge, alter, reconstruct, or occupy any land or buildings, or authorize or permit the use or occupancy of land or buildings under his/her control, except in accordance with all of the applicable provisions of the Town of Bel Air Development Regulations. Provisions for nonconformance are specified in Article IX of the Town of Bel Air Development Regulations. Nonconforming structures and uses may continue in effect unless abandoned for one year or more. Permits under review at the time of adoption of the Town of Bel Air Development Regulations shall comply with the Development Regulations in place at the time of permit submission. Subdivision approvals and building and zoning permits issued prior to adoption of the Town of Bel Air Development Regulations shall comply with the Development Regulations in effect at the time of approval. If such permits expire prior to construction or initiation of the proposed use, the applicant shall be required to comply with current regulations.
§ 165-8 Fees.
Fees sufficient to cover the costs of administration, inspection and publication of notice shall be charged to applicants for any development regulation activity. The amount of the fees charged shall be as established from time to time by resolution of the Board of Town Commissioners.
§ 165-9 Interpretation; conflicting provisions; severability.
A.
In their interpretation and application, the provisions of the Town of Bel Air Development Regulations shall be held to be the minimum requirements. More stringent provisions may be required if it is demonstrated that different standards are necessary to promote the public health, safety and general welfare. The terms and provisions of the Town of Bel Air Development Regulations shall be construed to effectuate the general purposes of this chapter, as set forth in § 165-5 of this Part 2.
B.
Wherever the regulations imposed by any of the provisions of the Town of Bel Air Development Regulations are either more restrictive or less restrictive than corresponding regulations imposed by any other provisions of the Town of Bel Air Development Regulations or of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern. Regulations do not annul any easements, covenants or private agreements.
C.
If any clause, sentence, part or parts of the Town of Bel Air Development Regulations, or of any section thereof, shall be held unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of the Town of Bel Air Development Regulations or of any section thereof. The legislative body hereby declares that it would have passed the remaining parts of the Town of Bel Air Development Regulations or any section thereof if it had known such clause, sentence, part or parts of any section thereof should be declared unconstitutional.
D.
Uses not specifically listed, but similar in operational aspects and scale of listed uses, may be permitted in the same manner as the similar uses if approved by the Zoning Administrator. In interpreting zoning district boundaries, the zoning district boundary lines shall run to the center line of adjoining roads and/or rights-of-way.
E.
In case of conflict between the text of the Town of Bel Air Development Regulations and any caption, illustration, summary table, or illustrative table, the text shall control. The word "person" includes an individual, sole proprietorship, corporation, partnership, limited-liability company or incorporated association and any other recognized legal entity.
F.
The words "includes" and "including" do not limit a term to the specific examples set forth, but are intended to extend the term's meaning to all other instances or circumstances of similar kind or character. The word "Town" means the Town of Bel Air, Maryland.
G.
As used in the Town of Bel Air Development Regulations, words indicating the masculine gender include the feminine and neuter.
H.
Words used in the singular in the Town of Bel Air Development Regulations include the plural, and words used in the plural include the singular.
§ 165-10 Purpose.
[Amended 4-3-2017 by Ord. No. 780-17]
This article delineates the boards, commissions and individuals involved in the administration of the Town of Bel Air Development Regulations and, where appropriate, outlines the individual's and/or group's responsibilities. These groups and individuals ensure that development is consistent with state and local visions, as specified in the Land Use Article of the Annotated Code of Maryland and the 2016 Town of Bel Air Comprehensive Plan, and with all applicable regulations.
§ 165-11 Board of Town Commissioners.
[Amended 4-3-2017 by Ord. No. 780-17]
The Board of Town Commissioners, established pursuant to the Charter of the Town of Bel Air, is the five-member elected legislative body ultimately responsible for the effectiveness of the Town of Bel Air Development Regulations. It establishes the regulations, approves amendments and gives final approval to other matters as defined in the Land Use Article of the Annotated Code of Maryland and the Code of the Town of Bel Air. The Board of Town Commissioners is charged with the following powers and duties:
A.
Approve a recommended Town of Bel Air Comprehensive Plan and/or amendments thereto as provided in the Land Use Article of the Annotated Code of Maryland.
B.
Approve changes to the Town of Bel Air Development Regulations text and map after due consideration of the recommendations of the Planning Commission.
C.
Seek recommendations from the Planning Commission relative to zoning, traffic and annexation requests.
D.
Approve historic construction and rehabilitation design guidelines and approve designation of historic districts and sites.
E.
Appoint board and commission members in accordance with the Land Use Article of the Annotated Code of Maryland and the Code of the Town of Bel Air.
§ 165-12 Board of Appeals.
[Amended 4-3-2017 by Ord. No. 780-17; 5-6-2024 by Ord. No. 829-24]
The Board of Appeals, as established by the Bel Air Town Code, consists of five Town citizens and one alternate, appointed by the Board of Town Commissioners for a term of three years each. The Chair is elected annually by the Board of Appeals members. The Board's operations are limited to the independent review of specific land use questions. The Board is charged with the following powers and duties:
§ 165-13 Concept Plan Review Committee.
The Concept Plan Review Committee is an advisory committee created by the Board of Town Commissioners and consisting of a minimum of five members: the Director of Planning and Community Development, the Director of Public Works, a Town Commissioner, a Planning Commission member, and an Economic and Community Development Commission member. Committee members shall serve on an ad hoc basis and may authorize a designee to act on their behalf as necessary. Depending on the project, representatives from other local and state agencies may be included in the initial concept plan review process, i.e., the State Highway Administration, Fire Department, Health Department, etc. Concept plan review is a review process to help applicants identify applicable development regulation requirements before a project is submitted to the respective reviewing agency(ies) for consideration. The Committee's duties and responsibilities are as follows:
A.
Review concept plans and act as an advisory body for commercial, industrial and institutional development in excess of 5,000 square feet, residential development of 25 units or more, in order to encourage development that meets Town goals.
[Amended 4-3-2017 by Ord. No. 780-17]
B.
Assist applicant(s) in identifying development requirements and understanding the development process.
C.
Provide guidance for current and planned projects, as delineated in the Town of Bel Air Comprehensive Plan, with respect to their effect on existing and future development and infrastructure and on the Town's design standards, community character, enhancement of property values and long-term goals and objectives.
D.
Identify and seek informal comments on proposed developments, if deemed appropriate, from outside reviewing agencies, including, but not limited to, the Health Department, Bel Air Volunteer Fire Company, State Highway Administration, the Board of Education, the State Fire Marshal's Office and Harford County Department of Planning and Zoning.
[Amended 11-25-2011 by Ord. No. 744-11]
E.
Prepare minutes of the concept plan meeting for the Planning Commission's and, when applicable, Board of Town Commissioner's review and consideration.
[Amended 4-3-2017 by Ord. No. 780-17]
§ 165-14 Cultural Arts Commission.
The Cultural Arts Commission, as established by the Bel Air Town Code, consists of nine members who serve as an advisory commission to the Board of Town Commissioners on matters pertaining to the celebration and the promotion of the cultural arts in the Town of Bel Air. The term of each member shall be three years or until his/her successor takes office. The Chair is elected annually by the Cultural Arts Commission members. The Commission's duties and responsibilities include the following:
A.
Prepare an annual report for the Town Commissioners, detailing the Commission's activities during the previous year.
B.
Prepare reports and make recommendations upon special matters or questions within its scope of work.
C.
Prepare an annual budget related to projects within the Commission's scope, outlining forthcoming events and the funds allocated to each event.
D.
Conduct fund-raising programs for the promotion of cultural arts programs and events for the Town of Bel Air.
§ 165-15 Director of Planning and Community Development.
The position of Director of Planning and Community Development is created by the Board of Town Commissioners and appointed by the Town Administrator. This official is charged with organizing the Department of Planning and Community Development staff, as necessary, to carry out the functions of the Department. The Director of Planning and Community Development is also charged with carrying out the duties of the Zoning Administrator in administration of the Town of Bel Air Development Regulations. The Director or authorized designee shall have, in administration of the Town of Bel Air Development Regulations, the following powers, duties and rights:
A.
Perform duties necessary for the proper enforcement and administration of the Town of Bel Air Development Regulations in the role of Zoning Administrator.
B.
Render interpretations, upon written request of an interested person whose property may be affected, as to the applicability of the Town of Bel Air Development Regulations to particular uses and its application to the factual circumstances presented.
C.
Receive, review, recommend, approve or deny applications as specified under the Town of Bel Air Development Regulations.
D.
Conduct inspections and surveys to determine whether a violation of the Town of Bel Air Development Regulations exists; in carrying out this duty, it is the right of the Zoning Administrator or authorized agent to enter and inspect, with permission of the owner or occupant, any structure or land in order to verify compliance with provisions of the Town of Bel Air Development Regulations. Should the owner or occupant deny such entry, the Zoning Administrator may seek relief from a court of competent jurisdiction to permit such rights.
E.
Seek criminal or civil enforcement including issuance of a citation for a municipal infraction for any provision of these Development Regulations and take any action on behalf of the Town to prevent or abate any violation of the Town of Bel Air Development Regulations.
[Amended 3-20-2023 by Ord. No. 811-23]
F.
Design and distribute applications and forms required by the Town of Bel Air Development Regulations requesting information which is pertinent to the requested approval.
G.
Receive, investigate and determine the validity of complaints of violations of the Town of Bel Air Development Regulations.
[Amended 3-20-2023 by Ord. No. 811-23]
H.
Issue zoning approvals pursuant to the provisions of the Town of Bel Air Development Regulations and recommend suspension or revocation of any zoning approvals upon violation of any provisions of the Town of Bel Air Development Regulations.
I.
Decisions of the Zoning Administrator shall be in writing and shall be subject to appeal to the Board of Appeals by any aggrieved person within 30 days of the date of the decision.
J.
Receive, review, recommend, approve or deny requests for minor setback variances through the administrative review process.
K.
Receive, review, recommend, approve or deny requests for waivers for screening, landscaping, architectural treatments and fencing provisions.
L.
Review, approve, approve with conditions, or deny development submissions related to forest conservation, traffic impact analysis, minor site plans and minor subdivision plans including parcel consolidation, easements, and rights-of-way.
[Added 3-20-2023 by Ord. No. 811-23]
§ 165-16 Director of Public Works.
The position of Director of Public Works is created by the Board of Town Commissioners and appointed by the Town Administrator. This official acts as the Town Building Official. As such, the Director is charged with the administration of the Town of Bel Air Development Regulations in concert with the Director of Planning and Community Development. In this capacity, the Director functions to review development and planned development to ensure conformance with provisions of the Town of Bel Air Development Regulations and other Town regulations and standards. The Building Official is also responsible for enforcing the Town's Building Code[1] and other related regulations. The Director or authorized designee shall have, in administration of the Town of Bel Air Development Regulations, the following powers, duties and rights:
A.
Perform duties necessary for the proper enforcement and administration of the Town of Bel Air Development Regulations in his role as Building Official.
B.
Render interpretations, upon written request of any interested person whose property may be affected, as to the applicability of the Town of Bel Air Development Regulations to the factual circumstances presented regarding subdivision, public works improvements and issues in concert with the Director of Planning and Community Development.
C.
Receive, review, approve or deny applications as specified under the Town of Bel Air Development Regulations.
D.
In concert with the Director of Planning and Community Development, conduct inspections and surveys to determine whether a violation of the Town of Bel Air Development Regulations, the Town's Building Codes and other related laws exists.
E.
Serve as the Floodplain Administrator as specified in Chapter 210, Floodplain Management, to interpret floodplain boundaries, review applications for development, inspect structures in flood areas, and permit and enforce provisions of the Floodplain Management Chapter.
[Added 4-3-2017 by Ord. No. 780-17]
F.
Seek criminal or civil enforcement including issuance of a citation for a municipal infraction for any provision of the Building Code, Property Maintenance, Development Regulations, and Health and Sanitation chapters of the Town code and act on behalf of the Town to prevent or abate violations.
[Added 3-20-2023 by Ord. No. 811-23]
§ 165-17 Economic and Community Development Commission.
[Amended 3-20-2023 by Ord. No. 811-23; 10-7-2024 by Ord. No. 833-24]
The Economic and Community Development Commission, as established by the Bel Air Town Code, consists of an odd number of members, but not fewer than five nor more than nine, who act as the Town's community development agency. The Chair shall be elected annually by the Economic and Community Development Commission members. The Commission's duties and responsibilities are as follows:
A.
Provide strategic planning for future economic development.
B.
Encourage business development and recruitment of new businesses which would benefit the area economy and retention of existing businesses in the community.
C.
Market, advertise and seek new business prospects for the Town.
D.
Promote a positive relationship between the business community, citizens and government.
E.
Develop revitalization activities directed toward preserving and promoting employment opportunities and maintaining an attractive environment throughout the Town.
F.
Promote government coordination with other jurisdictions.
G.
Promote preservation, improvement, or embellishment of historic structures or monuments.
H.
Promote the installation, construction or reconstruction of streets, utilities, parks, playgrounds and other improvements necessary for carrying out the Town's economic and community development objectives.
I.
Act as an advisory group on commercial development projects.
J.
Recommend demolition and removal of buildings and improvements.
§ 165-18 Historic Preservation Commission.
The Historic Preservation Commission, as established by the Bel Air Town Code, is composed of seven members. The majority are residents who have a demonstrated special interest, knowledge, or a professional or academic training in architecture, history, architectural history, archeology, planning, anthropology, curation, conservation, landscape architecture, historic preservation, urban design or related disciplines. Commission members serve for a term of three years or until his/her successor takes office. The Chair is elected annually by the Historic Preservation Commission members. The Commission's duties and responsibilities are as follows:
A.
Safeguard the heritage of the Town of Bel Air by preserving the sites and districts therein which reflect elements of its cultural, social, economic, political, archeological or architectural history.
B.
Stabilize and improve property values in such districts.
C.
Foster civic beauty and safeguard the architectural legacy for residential and commercial buildings.
[Amended 4-3-2017 by Ord. No. 780-17]
D.
Support education and awareness of the Town heritage through programs and activities.
[Amended 4-3-2017 by Ord. No. 780-17]
E.
Promote the use and preservation of historic sites and districts for the education, welfare and pleasure of the residents of Bel Air.
F.
Review, approve, deny or make recommendations, as applicable, on plans for renovation or redevelopment of historic properties.
§ 165-19 Planning Commission.
The Planning Commission, as established by the Bel Air Town Code, consists of five members and one alternate appointed by the Board of Town Commissioners. The term of each member shall be five years or until his successor takes office. The Chair is elected annually by the Planning Commission. After public hearing, members may be removed by the Board of Town Commissioners for inefficiency, neglect of duty, or malfeasance in office. The Planning Commission is charged with the following powers and duties:
A.
Prepare, approve and recommend to the Board of Town Commissioners adoption of the Town of Bel Air Comprehensive Plan.
B.
Prepare, approve and recommend Town of Bel Air Comprehensive Plans for major geographic sections or divisions of the Town to the Board of Town Commissioners for adoption.
C.
Promote public interest in and understanding of the Town of Bel Air Comprehensive Plan.
D.
Recommend to the Board of Town Commissioners programs for public structures, improvements and land acquisition and their financing.
E.
Consult public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens, as deemed necessary, with relation to protection or execution of the Comprehensive Plan.
[Amended 3-20-2023 by Ord. No. 811-23]
F.
Receive comments at a public hearing to recommend the boundaries of the various zoning districts and appropriate regulations to the Board of Town Commissioners to be enforced therein.
[Amended 3-20-2023 by Ord. No. 811-23]
G.
Advise the Board of Town Commissioners on changes in zoning, annexations and development regulations.
[Amended 3-20-2023 by Ord. No. 811-23]
H.
Review and take appropriate action on site plans, landscape plans and subdivision plats, along with other pertinent plans, plats and materials, based on compliance with the Town of Bel Air Development Regulations and standards herein.
[Amended 4-3-2017 by Ord. No. 780-17]
I.
Prepare regulations governing subdivision of land within the Town limits; approve or deny proposed subdivision plats and resubdivision of existing record lots. All plats including one or more new lots must bear the signature of the Chair before legal recording among the land records of Harford County.
[Amended 3-20-2023 by Ord. No. 811-23]
J.
Make, alter or rescind rules and forms for its procedures, consistent with the Land Use Article of the Annotated Code of Maryland, as amended from time to time.
[Amended 4-3-2017 by Ord. No. 780-17]
K.
File its minutes, decisions and other records in the Planning Office of the Town and maintain them as public record.
L.
Make recommendations and an annual report to the Board of Town Commissioners and the Maryland Department of Planning, concerning operation of the Commission and the status of planning in Bel Air.
M.
Prepare, publish and distribute reports, ordinances, and other materials related to its activities.
§ 165-20 Enforcement; violations and penalties.
A.
Complaints regarding violations. Whenever the Zoning Administrator or designee receives a written or verbal complaint alleging a violation of this article, he/she shall investigate the complaint and take whatever action is warranted.
[Amended 3-20-2023 by Ord. No. 811-23]
B.
Persons liable. The owner, tenant and/or occupant of any building, structure or land or part thereof who participates in, assists, directs, creates or maintains any situation that is contrary to the requirements of the Town of Bel Air Development Regulations may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.
C.
Violation notice procedures.
(1)
Whenever the provisions of the Town of Bel Air Development Regulations have been violated, the Zoning Administrator or designee shall send a written notice to the owner and occupant of the property alleged to be in violation, indicating the nature of the violation and ordering corrective action within 15 days. An additional written notice may be sent at the Zoning Administrator's discretion.
[Amended 3-20-2023 by Ord. No. 811-23]
(2)
The notice shall state what action the Zoning Administrator intends to take if the violation is not corrected and advise that the Zoning Administrator's decision may be appealed to the Board of Appeals in accordance with Article XII of the Town of Bel Air Development Regulations.
(3)
Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this article or pose a danger to the public health, safety or welfare, the Zoning Administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in Subsection D of this section.
D.
Penalties.
(1)
Any owner, tenant or occupant who uses or permits the use of land, buildings or structures contrary to the provisions of the Town of Bel Air Development Regulations shall be subject to a fine of not more than $400 for each offense, in accordance with Chapter 1, Article II, § 1-10, of the Town Code. Each day of a continuing violation shall be considered a separate municipal infraction.
(2)
The Town may recover damages in a civil action for violation of the Town of Bel Air Development Regulations and may adopt procedures for the imposition of civil penalties as authorized by state law.
(3)
In the event of a violation of any of the provisions of the Town of Bel Air Development Regulations or any amendment or supplement thereto, the Zoning Administrator, any adjacent or neighboring property owner or any person who would be specially damaged by such violation, in addition to other remedies provided by law, may institute a suit for injunction, mandamus, abatement or other appropriate action or other proceeding to prevent, restrain, correct or abate such unlawful activity or use.
E.
Approval/permit revocation. A zoning, sign, preliminary site/landscape plan, variance, special development or special exception approval/permit may be revoked by the Board of Town Commissioners (in accordance with the provisions of this article) if the approval/permit recipient, or its successors or assigns, fails to develop, use or maintain the subject property, building or structure in accordance with the approved plans, the requirements of this Part 2, or any additional requirements lawfully imposed by the approval body.
[Amended 3-20-2023 by Ord. No. 811-23]
(1)
Before a zoning, sign, special exception or special development approval/permit may be revoked, all notice and hearing requirements provided herein shall be complied with.
(a)
Before a zoning, sign, preliminary site/landscape plan, variance, special development or special exception approval/permit may be revoked, the Zoning Administrator shall give the approval/permit recipient 10 days' prior written notice of intent to revoke the approval/permit. The notice shall state the reasons for the revocation and the right to obtain an informal hearing before the Zoning Administrator on the allegations, if a hearing is requested within 10 days of the notice date.
(b)
Following a hearing, or if a hearing was not requested, the Zoning Administrator shall make a written recommendation regarding revocation of the subject approval/permit to the Board of Town Commissioners.
(c)
If revocation is recommended by the Zoning Administrator, a hearing shall be held before the Board of Town Commissioners, which shall render a final decision on the issue.
(d)
The burden of presenting evidence sufficient for the Board to conclude that an approval/permit should be revoked shall be upon the party advocating that position.
(e)
A final decision to revoke an approval/permit shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the decision. A written decision shall be provided to the approval/permit holder.
(2)
No persons may continue to make use of any property, buildings or structure in the manner authorized by any zoning, sign, preliminary site/landscape plan, variance, special development or special exception approval/permit after such approval/permit has been revoked in accordance with this subsection.
F.
Judicial review. Any Board of Town Commissioners, Planning Commission or Board of Appeals decision denying or granting a piecemeal rezoning request; designating an historic district or historic site; revoking an approval of a permit; or granting or denying a special development, preliminary plan, special exception, variance or ruling on an interpretation by the Zoning Administrator shall be subject to appeal. If such a decision is appealed, a petition for appeal shall be filed with the Circuit Court of Harford County within 30 days of issuance of the written decision.
§ 165-21 Annual growth report; adequacy standards.
A.
Annual growth report.
(1)
A copy of the approved Harford County Annual Growth Report, as referenced in § 267-126A(3)(a) and 267-126B(2)(b) of the Harford County Development Regulations, shall be submitted by the Town's Director of Planning and Community Development to the Board of Town Commissioners in July of each year. An amended version of the report will be submitted to the Board of Town Commissioners in January of each year, incorporating amendments to the annual growth report as adopted by the county.
(2)
The report, as required by the Harford County Development Regulations, is prepared by the Harford County Department of Planning and Zoning and includes a specific analysis of the current and future utilization and capacity of school facilities, including the following:
(a)
Full-time enrollment for the schools serving the Town of Bel Air as of September 30, or as of any other official reporting date as set by the State Board of Education or the County Board of Education;
(b)
Rated capacity and utilization percentage of each pertinent school facility, with capacity based on state-rated capacity;
(c)
One-year, two-year and three-year, enrollment projections for each pertinent facility, including a description of the method of projecting enrollment in each facility;
[Amended 4-3-2017 by Ord. No. 780-17]
(d)
Pupil yield factor by school level for each type of dwelling unit;
(e)
List of approved capital projects for new or expanded school facilities and the identified schools that will be relieved, including projected enrollment and opening date;
(f)
School district maps for each level of school facilities; and
(g)
Modified enrollment projections for each district, which include planned units remaining (recorded lots and units projected from approved preliminary plans) and projected units from vacant land zoned for residential purposes.
B.
Adequacy standards (minimum acceptable level of service). Upon acceptance of the annual growth report by the Board of Town Commissioners, all approvals of residential single-family subdivision plans and site plans for multifamily development shall be subject to findings of adequate school capacity based on the standards set in this subsection and the current and projected use level described in the annual growth report:
(1)
Preliminary approval. Preliminary subdivision plans for single-family attached and detached dwellings exceeding five lots and site plans for multifamily residential developments exceeding five dwelling units shall not be approved at locations where either of the following conditions exist when impact of the proposed development on school enrollment is included:
[Amended 4-3-2017 by Ord. No. 780-17; 9-16-2019 by Ord. No. 792-19; 3-4-2024 by Ord. No. 824-24]
(a)
The enrollment, at the elementary school which then serves the site is greater than 110% of the rated capacity or is projected to be greater than 110% within three years; or
(b)
The enrollment, of either the middle school or high school which serves the site is greater than 110% of the rated capacity or is projected to be greater than 110% within three years.
(2)
Conditional review. If Subsection B(1)(a) or (b) of this section prevents approval of a subdivision plan or a site plan, the Planning Commission may proceed with conditional review of the plan and place it on a waiting list arranged by the date of completion of the review. This section shall not extend subdivision plan or site plan approval beyond two years from the date of final decision. One-year extensions of an approved plan may be requested without limitation during the period of development deferral. Record plats, grading permits, and public works agreements for utilities or roads shall not be executed by the Town until the plan for the project is removed from the waiting list and approval is granted. Removal from the waiting list shall occur only when the condition that prevented approval under Subsection B(1)(a) or (b) of this section no longer exists.
[Amended 9-16-2019 by Ord. No. 792-19]
(3)
Exemptions. The provisions of this subsection shall not apply to transient housing or fifty-five-and-over housing.
§ 165-22 Purpose.
A.
This article establishes zoning districts within the incorporated boundary of Bel Air, Maryland, and outlines the associated standards and regulations that govern each district. The intent of this article is to identify the appropriate locations for various uses; to protect and enhance the Town's quality of life; control congestion; secure public safety; promote health and the general welfare; provide adequate light and air; promote conservation of natural resources; prevent environmental pollution; avoid undue concentration of population and to facilitate the adequate provision of transportation, water, sewerage, schools, recreation, parks and other public requirements through the established criteria and standards to ensure compatibility between more intensive uses and lower intensity uses in adjacent districts; to implement the land use, housing and economic development goals of the Town of Bel Air Comprehensive Plan; to implement the visions noted in the Land Use Article of the Annotated Code of Maryland; and to support the goals of the Maryland Smart Growth Act of 1997.
[Amended 4-3-2017 by Ord. No. 780-17]
B.
The Town is hereby divided into the following zoning districts:
R-1 | Low-Density Residential |
R-2 | Medium-Density Residential |
R-3 | High-Density Residential |
R-O | Residential-Office District |
B-1 | Limited Business District |
B-2 | Central Business District |
B-2A | Central Business Gateway District |
B-3 | General Business District |
B-3A | General Business Gateway District |
M-1 | Industrial District |
Transition Overlay District | |
§ 165-23 Boundaries.
The boundaries of these districts are hereby established as shown on the current Official Town Zoning Map[1] (hereinafter called the "Zoning Map") of the incorporated area of Bel Air, Maryland, hereby made a part of this Part 2. The Zoning Map and all notations, references and other matters shown thereon shall be and are hereby made part of this Part 2. The Zoning Map, properly attested, shall be on file in the office of the Zoning Administrator and at the Bel Air Town Hall.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
§ 165-24 General regulations.
A.
Delineation of zoning district boundaries shall be in accordance with the following rules:
(1)
Boundaries shown as following or approximately following the Town corporate limits shall be construed as following such limits.
(2)
Boundaries shown as following or approximately following streets shall be construed to follow the center lines of such streets.
(3)
Boundaries shown as following or approximately following platted lot lines or other property lines as shown on the current Tax Maps shall be construed as following such lines.
(4)
Boundaries shown as separated from, and parallel or approximately parallel to, any of the above-listed features shall be construed to be parallel to such features and at such distances therefrom as scaled from the Zoning Map.
(5)
Whenever any road, alley or other public way is abandoned by official action as provided by law, the zoning districts adjoining the side of such right-of-way shall be automatically extended, depending on the side or sides to which such lands revert, to include the right-of-way of the public way thus abandoned, which shall thenceforth be subject to all regulations of the extended district.
(6)
In all cases where property has not been specifically included within a district, such property shall automatically be classified as R-1 District until otherwise classified.
(7)
In cases of annexation of territory where the annexation proceeding provides a zoning classification for the territory to be annexed, such territory shall be so classified upon incorporation into the Town of Bel Air.
(8)
Zoning district boundaries are discouraged from bisecting lots or structures. If split zoning cannot be avoided and the application of development regulations is unclear, the more restrictive requirements will be applied.
[Added 7-17-2023 by Ord. No. 813-23]
C.
Sustainable building methodology shall be incorporated in new construction, renovation and restoration projects to the maximum extent practicable. Sustainable building methodology may include, but is not limited to, such items as green roofs, capture and reuse of rainwater, high-efficiency lighting, recycled building components, the use of environmentally friendly building materials, reuse of historic buildings and building components, infill development and pedestrian-oriented design. Emphasis shall be placed on reducing the carbon footprint for new and existing development.
D.
Proposed retail/service/industrial development projects in excess of 7,500 square feet shall be subject to the special development process specified in Article XII, Appeals, Variances, Special Exceptions and Special Developments, and to the architectural review process specified in Article XVI, Subdivision and Site Plan Review.
[Amended 11-25-2011 by Ord. No. 744-11]
E.
Infill development shall be designed to ensure sensitive integration of new development with historic structures and the architectural context in the neighborhood.
F.
Accessory buildings and uses customarily incidental to the property principal use may be permitted by right or as a special exception.
[Added 4-3-2017 by Ord. No. 780-17]
G.
Family child-care facilities may be permitted in accordance with all state and local requirements.
[Added 4-3-2017 by Ord. No. 780-17]
H.
Electric, communications antennae (in accordance with performance standards set forth in Article VII), water, sewer, gas and fuel lines, but not including transmission lines carrying 50,000 volts or more, are permitted. Transmission lines in excess of 50,000 volts require special exception approval.
[Added 4-3-2017 by Ord. No. 780-17]
J.
Cemeteries may be permitted when accessory to a house of worship, provided that no graves or burial plots are located in the front yard.
[Added 4-3-2017 by Ord. No. 780-17]
K.
Temporary structures for uses incidental to construction work shall be removed upon the completion or abandonment of work. Construction/sales trailers may be permitted for no more than 18 months. If longer duration is necessary, approval from the Director of Public Works is required.
[Added 4-3-2017 by Ord. No. 780-17; amended 7-17-2023 by Ord. No. 813-23]
L.
A building height bonus of 10% or less may be approved by the Planning Commission provided that structured parking equal to or exceeding 75% of the building footprint is incorporated as part of a proposed development.
[Added 4-3-2017 by Ord. No. 780-17; amended 7-17-2023 by Ord. No. 813-23]
§ 165-25 R-1 Low-Density Residential District.
A.
Purpose. The Low-Density Residential District is designed primarily to accommodate single-family detached housing, ensure preservation of existing neighborhoods and retain the Town's small-town character as identified in the Town of Bel Air Comprehensive Plan. Some community service uses, institutional uses, and home occupations may be permitted as provided for by this Part 2.
B.
General regulations.
[Amended 4-3-2017 by Ord. No. 780-17]
(2)
Home occupations, as defined in Article XIV, are permitted, provided that not more than 300 square feet of area shall be used for such purpose and that only persons residing in the home shall be engaged in this activity. Home occupations or professional offices within the home may be permitted in accordance with the performance standards as set forth in Article VII. A home occupation certificate shall be required.
(3)
Conversion of dwellings or construction of buildings for business, personal and professional uses may be permitted as a special exception in the Transition Overlay District, subject to performance standards as specified in Article VII of this Part 2. Buildings shall be compatible in size and scale with properties located in the Transition Overlay District that are situated within 300 feet of the property in question.
(4)
Professional office uses and bed-and-breakfast establishments may be permitted in the R-1 Transition Overlay District with special exception approval.
C.
Specific regulations. Permitted uses are listed in the use classification charts located at the end of Article III.[1] The applicable regulations contained in other articles shall apply in the R-1 Low-Density Residential District. Certain uses are subject to the performance standards specified in Article VII of this Part 2.
[Amended 4-3-2017 by Ord. No. 780-17]
D.
Density, lot area, width, height and yard requirements. Table 165-25[2] outlines the minimum requirements that shall apply for uses in the R-1 District, subject to the modifications provided under Article IX of this Part 2.
[Amended 4-3-2017 by Ord. No. 780-17]
[2]
Editor's Note: See the Table of Lot Requirements for Specific Uses, included as an attachment to this chapter.
§ 165-26 R-2 Medium-Density Residential District.
[Amended 4-3-2017 by Ord. No. 780-17]
A.
Purpose. The Medium-Density Residential District is designed primarily to accommodate single-family housing and attached units with appropriate design and buffering. This district is also intended to ensure preservation of existing neighborhoods and to retain the Town's small-town character as identified in the Town of Bel Air Comprehensive Plan.
B.
General regulations.
(1)
The conversion of an existing (as of November 1959) single-family dwelling into a two-family dwelling is permitted, provided such dwelling has a total finished floor area of at least 1,800 square feet prior to conversion and is located on a lot having an area of at least 15,000 square feet at the time of application.
(3)
Home occupations, as defined in Article XIV, are permitted, provided that not more than 300 square feet of area shall be used for such purpose and that only persons residing in the home shall be engaged in this activity. Home occupations or professional offices within the home may be permitted in accordance with the performance standards as set forth in Article VII. A home occupation certificate shall be required.
(4)
Conversion of dwellings or construction of buildings for business, personal and professional uses may be permitted as a special exception in the Transition Overlay District, subject to performance standards as specified in Article VII of this chapter. Buildings shall be compatible in size and scale with properties located in the Transition Overlay District that are situated within 300 feet of the property in question.
(5)
Professional service uses and bed-and-breakfast establishments may be permitted in the R-2 Transition Overlay District with a special exception approval.
C.
Specific regulations. Permitted uses are listed in the use classification charts located at the end of Article III.[1] Applicable regulations contained in other articles shall apply in the R-2 Medium-Density Residential District. Certain uses are subject to performance standards specified in Article VII of this Part 2. Exterior lighting for parking areas cannot exceed 16 feet in height and must meet requirements found in Article VII.
D.
Density, lot area, width, height and yard requirements. Table 165-26[2] outlines the minimum requirements that shall apply for uses in the R-2 District, subject to the modifications provided under Article IX of this Part 2.
[2]
Editor's Note: See the Table of Lot Requirements for Specific Uses, included as an attachment to this chapter.
§ 165-27 R-3 High-Density Residential District.
A.
Purpose. The High-Density Residential District is designed primarily to accommodate high-density housing, including apartments and condominiums with appropriate design, open space provisions and buffering. The intent of this section is to ensure that diverse housing opportunities are available to meet the community's needs.
B.
General regulations.
[Amended 4-3-2017 by Ord. No. 780-17]
(1)
The conversion of an existing (as of November 1959) single-family dwelling into a two-family dwelling is permitted, provided such dwelling has a total finished floor area of at least 1,800 square feet and is located on a lot having an area of at least 10,000 square feet at the time of application.
(3)
Home occupations, as defined in Article XIV, are permitted, provided that not more than 300 square feet of area shall be used for such purpose and that only persons residing in the home shall be engaged in this activity. Home occupations or professional offices within the home may be permitted in accordance with the performance standards as set forth in Article VII. A home occupation certificate shall be required.
(4)
Conversion of dwellings or construction of buildings for business, personal and professional uses may be permitted as a special exception in the Transition Overlay District, subject to performance standards as specified in Article VII of this Part 2. Buildings shall be compatible in size and scale with properties located in the Transition Overlay District that are situated within 300 feet of the property in question.
(5)
Professional office uses may be permitted in the R-3 Transition Overlay District with special exception approval.
C.
Specific regulations. Permitted uses are listed in the use classification charts located at the end of Article III.[1] Applicable regulations contained in other articles shall apply in the R-3 High-Density Residential District. Certain uses are subject to performance standards specified in Article VII of this Part 2. Exterior lighting for parking areas cannot exceed 16 feet in height and must meet requirements found in Article VII.
[Amended 4-3-2017 by Ord. No. 780-17]
D.
Density, lot area, width, height and yard requirements. Table 165-27[2] outlines the minimum requirements that shall apply for uses in the R-3 District, subject to the modifications provided under Article IX of this Part 2.
[Amended 4-3-2017 by Ord. No. 780-17]
[2]
Editor's Note: See the Table of Lot Requirements for Specific Uses, included as an attachment to this chapter.
§ 165-28 R-O Residential-Office District.
A.
Purpose. The Residential-Office District is designed primarily for areas which are no longer viable as single-family residential areas due to high traffic volumes or other factors but which may be viable for high-density residential uses or offices. Office and service uses may be approved as provided for by this Part 2. These areas are generally gateways to the Town Center and should be developed to ensure compatibility with existing residential uses while providing an attractive public frontage and a sense of arrival to the Town's historic core.
B.
General regulations.
[Amended 4-3-2017 by Ord. No. 780-17]
(1)
Customary home occupations and professional services may be permitted in accordance with the performance standards as set forth in Article VII. A home occupation certificate is required.
(2)
Parking areas for commercial uses shall be located in the side or rear yard only. An access permit shall be required for all parking area curb cuts. In residential districts, curb cuts for new residential uses shall not exceed 30 feet, and the driveway shall not exceed 24 feet in width. The curb cut sidewalk pattern should be carried across the driveway in all districts. Buildings, low walls and attractive plantings shall be used to screen commercial parking areas.
(3)
Development shall be compatible with neighboring development and provide a cohesive and rational pattern. All development shall consider design features that will create an attractive and visual continuity between proposed development and adjacent neighborhoods. Buildings shall be constructed to ensure visual privacy and sunlight for adjacent structures, as well as protection from the new or renovated developments, site illumination, noise and odors, as applicable.
(4)
Building and site design should preserve and enhance special street views, in particular, views of landmark buildings and natural features, focal points at T-intersections and views along curving roadways. Traditional building materials, such as brick or high-quality masonry finish, are encouraged.
(5)
Building, design, height and massing.
(a)
Building materials shall be compatible in quality, color, texture, finish and dimension with other buildings in the district. Architecturally harmonious material, color, texture and treatment shall be used for all exterior walls.
(b)
Rear facades shall be of finished quality and shall be consistent in color and material with the rest of the building.
(c)
The style and scale of the proposed building shall respect design elements prevalent in the community. Examples of such elements are the width, roofline pattern, size, shape, height, facing windows and building materials found throughout the Town.
(d)
The use of fenestration, patterns and traditional design elements is encouraged. Examples of such design elements are facade offsets, covered porticos, recessed or projected entries and other appropriate architectural features. Building walls shall be a maximum of 40 feet in length without modulation.
(e)
Roof forms shall be considered based on their compatibility with the existing architectural context and the character of adjoining buildings.
(f)
Glass should not be reflecting, as in mirrored windows. Tinted glass to prevent inner glare may be allowed, subject to review by the Zoning Administrator. Justification for tinted glass shall be submitted to the Zoning Administrator.
(g)
Simplicity of design and a limited range of colors and materials are encouraged. Contrasting colors which accent architectural details and entrances are encouraged, as well as the use of graffiti-resistant materials.
(h)
A building height transition or step down is required for projects that are adjacent to residential districts.
(i)
The area covered by impervious surfaces shall be minimized to the greatest extent practicable.
(6)
Fencing and screening.
(a)
Walls and fences shall be uniform and compatible with architectural style, color and building material. Appropriate materials include iron grating, wood, stone or brick. No jersey barrier, split rail, wire mesh or chain-link walls or fencing will be permitted. Temporary barriers other than chain link must be approved by the Director of Public Works. Walls greater than 40 feet in length shall incorporate some form of visual relief, including, but not limited to, pattern breaks, barrier wall construction, vertical features such as columns, differing construction materials or a combination of the above.
[Amended 7-17-2023 by Ord. No. 813-23]
(b)
All service areas, including, but not limited to, shipping, loading areas, dumpsters, refuse bins and similar accessory uses, shall be placed in the side or rear yard and screened from public view.
(c)
Rooftop mechanical equipment and vents, utility facilities and other such equipment shall be located away from public view or screened with a treatment that is complimentary to the building architecture. If service areas are exposed to view due to site conditions, such areas shall be screened with landscaping and appropriate fencing.
(7)
Lighting and security.
(a)
The use of decorative lighting and supporting structures consistent with building design, style and color is encouraged.
(b)
Lighting provided for parking areas shall not exceed 12 feet in height and shall meet requirements found in Article VII.
(c)
The use of security alarm systems is encouraged.
(8)
Vehicular and pedestrian access.
(a)
Vehicular access points shall be kept to a minimum. Shared or linked parking areas that provide cross access to adjacent properties are encouraged.
(c)
Curb cuts should be eliminated or minimized to the greatest extent possible through shared driveways with adjacent properties.
(d)
Street connectivity and access management shall be ensured through driveway consolidation, relocation and enclosure of curb cuts and driveways, creation of medians and shared driveways to help improve the function of commercial streets.
(e)
Walkways shall be designed to meet the following requirements:
[1]
Provide safe, convenient, well-illuminated entrance to the building.
[2]
Protect pedestrians from vehicular intrusion with landscaping and curbs that are integrated into the overall streetscape design.
[4]
A continuous internal pedestrian walkway shall be provided from the perimeter public sidewalk to the principal customer entrance(s). ADA-compliant sidewalks extending the full length of the building or center must be provided along any facade featuring a customer entrance and along any facade abutting public parking areas. Modifications may be authorized by the Building Official on a case-by-case basis when site conditions warrant.
[5]
The internal pedestrian walkways, including those crossing vehicular lanes, must be distinguished from driving surfaces through the use of special pavers or scored concrete to enhance pedestrian safety and the attractiveness of the walkways.
(9)
Landscaping and amenities. Landscaping shall be designed to add visual interest to open spaces, parking areas and facades, as well as to soften the transition between buildings of different heights and styles. Landscaping plans shall be submitted as required in Articles VI and VIII of this Part 2. The landscape plan shall be designed to meet the following minimum requirements:
(a)
Preserve the maximum number of existing healthy trees when developing the site.
(b)
Add visual interest to open spaces and blank facades by utilization of landscaping to enhance the streetscape.
(c)
Provide definition of public walkways and open areas.
(d)
Provide a consistent visual image between adjacent properties along the streetscape.
(e)
Provide appropriate curbs, tree guards and grates to ensure the continued health of the plant material located in pedestrian areas.
(f)
Provide plant species for year-round appearance, maintenance and compatibility with adjacent properties.
(g)
Provide plants in proper size and quantities to allow their healthiest establishment and to compliment the development and the streetscape.
(10)
Signage. Signs shall be designed to project the image of the business or service while complementing the design of the subject property and other buildings in the district. Signs permitted in the district shall conform to regulations as specified in Part 3, Article XV, of the Town of Bel Air Development Regulations.
C.
Special regulations. Permitted uses are listed in the use and classification charts located at the end of Article III.[2] Applicable regulations contained in other articles shall apply in the R-O Residential-Office District. Certain uses are subject to performance standards specified in Article VII of this Part 2.
[Amended 4-3-2017 by Ord. No. 780-17]
D.
Density, lot area, width, height and yard requirements. Table 165-28[3] outlines the minimum requirements that shall apply for uses in the R-O District, subject to the modifications provided under Article IX of this Part 2.
[Amended 4-3-2017 by Ord. No. 780-17]
[3]
Editor's Note: See the Table of Lot Requirements for Specific Uses, included as an attachment to this chapter.
E.
Development standards. The floor area of an individual use shall not exceed 7,500 square feet
[Added 7-17-2023 by Ord. No. 813-23]
§ 165-29 B-1 Limited Business District.
A.
Purpose. The Limited Business District is designed to accommodate small-scale local business, institutional or service establishments. Some more intense business, institutional, or service establishments may be permitted as provided for by this Part 2. Uses in this district should be developed to ensure compatibility with existing residential uses while providing an attractive public frontage and linkage to the Town Center.
B.
General regulations.
[Amended 4-3-2017 by Ord. No. 780-17]
(1)
Customary home occupations and professional services may be permitted in accordance with the performance standards as set forth in Article VII. A home occupation certificate is required.
(2)
The sidewalk pattern should be carried across the driveway. Buildings, low walls and/or attractive plantings shall be used to screen parking.
C.
Special regulations. Permitted uses are listed in the use classification charts located at the end of Article III.[2] Applicable regulations for architecture and site design contained in RO Residential Office District, § 165-28B shall apply in the B-1 Limited Business District. Certain uses are subject to performance standards specified in Article VII of this Part 2.
[Amended 4-3-2017 by Ord. No. 780-17; 7-17-2023 by Ord. No. 813-23]
D.
Density, lot area, width, height and yard requirements. Table 165-29[3] outlines the minimum requirements that shall apply for uses in the B-1 District, subject to the modifications provided under Article IX of this Part 2.
[Amended 4-3-2017 by Ord. No. 780-17]
[3]
Editor's Note: See the Table of Lot Requirements for Specific Uses, included as an attachment to this chapter.
§ 165-30 B-2 Central Business District.
[Amended 2-21-2012 by Ord. No. 748-12; 4-3-2017 by Ord. No. 780-17; 9-16-2019 by Ord. No. 792-19; 7-17-2023 by Ord. No. 813-23; 3-3-2025 by Ord. No. 840-25]
A.
Purpose. The Central Business District is established to:
(1)
Promote reuse, infill and redevelopment in Bel Air's traditional Town Center.
(2)
Encourage efficient use of land and compact development.
(3)
Retain and strengthen the land use pattern that includes a mix of shops, services, offices, civic uses and residences.
(4)
Encourage increased economic vitality through the addition of new downtown residences and uses that attract visitors, such as specialty shops, restaurants, theaters and overnight accommodations.
(5)
Encourage mixed-use buildings with retail and service uses at street level and office or residential uses on upper levels.
(6)
Retain and create attractive streetscapes with a lively, pedestrian-oriented character.
(7)
Provide for safe and convenient pedestrian, bicycle and automotive travel.
(8)
Promote building forms that respect and reinforce the historic streetscape.
(9)
Require the use of building components that are human in scale.
(10)
Ensure that new, expanded or rehabilitated buildings are compatible with the scale of historic buildings in close proximity.
B.
General regulations.
(1)
Customary home occupations and professional services may be permitted in accordance with the performance standards set forth in Article VII. A home occupation certificate is required.
(2)
Street trees shall be required along the street edge of the primary access road, with clustering of smaller trees encouraged throughout the developed areas.
(3)
A comprehensive coordinated sign plan shall be submitted at the time of site plan review. This shall include one or a combination of the following signage styles: freestanding, directory, projecting, wall, roof, awning and/or window. Signs shall conform to regulations specified in Article XV of this chapter.
C.
Site design standards.
(1)
Design goals.
(a)
The streetscape and the building facade facing the street shall be the primary focus of the development.
(b)
New development shall contribute to the creation or reinforcement of a pedestrian-friendly streetscape with sidewalks and a defined pedestrian edge.
(c)
Buildings on corner lots shall establish a strong presence with unified facade design along both street frontages.
(d)
Parking shall not be a dominant visual element of the streetscape. Views of parking should be screened by buildings or buffered with attractive plantings or low walls.
(e)
Building and site designs should preserve and enhance special street views, in particular, views of landmark buildings and natural features, focal points at T-intersections and views along curving roadways.
(2)
Treatment of front yard and sidewalk area. The public streetscape between the building facade and the street shall be developed as a safe and attractive pedestrian area, with amenities such as sidewalks, lighting, seating, canopies or awnings and landscaping.
(3)
Building placement and frontage on street.
(b)
A single driveway and/or walkway shall be permitted between the building and a side lot line where needed for access to a rear parking area. The maximum distance from the side lot line to the building shall be 30 feet for a two-way access, 16 feet for a one-way access, or eight feet for a walkway without vehicular access. (Driveways may be wider at the street in accordance with access permit requirements.)
(c)
For through lots, placement of building facades along both lot frontages is encouraged but not required. A through lot with building facade frontage on both roads may have one driveway and/or pedestrian access for each road.
(d)
For corner lots with cumulative frontage greater than 200 feet, a lesser building facade frontage may be approved by the Planning Commission along one road, provided the primary building facade and entrances are oriented towards the street frontages and the building complies with front yard requirements and architectural standards for corner lots.
(e)
For lots with frontage on two or more roads, in determining which streets should have continuous building facade frontage, priority shall be based upon street classifications established by the Town of Bel Air Comprehensive Plan. Continuous building walls shall be created and retained along streets in the following order of priority: principal arterials, minor arterials, urban collectors, local roads. Solid walls with a minimum height of 42 inches may be approved by the Planning Commission as a substitute for a building façade for one street frontage only.
(4)
Building setbacks and lot width.
(b)
Buildings with height between 45 feet and 55 feet:
[1]
Minimum front setback: 10 feet from right-of-way, no maximum front setback.
[2]
Minimum side and rear setback: zero feet, except 30 feet if lot is adjacent to an R District.
 Figure 165-30.I Illustration of height, setback and front yard standards for the B-2 District. |
[3]
For a corner lot with frontage on two arterial roads, the front yard setback shall be applied to the primary access frontage only.
(5)
Parking and access.
(b)
Limit the width of curb cuts to 30 feet for two-way access or 22 feet for one-way access, unless a wider curb cut is required by the Maryland State Highway Administration.
(c)
Off-street parking shall be located to the rear of the principal structure.
(d)
If a lot has frontage on more than one street:
[1]
For a corner lot, parking shall be located on one side of the building interior to a block. Parking shall be no closer to the street than the building facade facing the same street and screened with a minimum three-foot height wall or ornamental fence.
[2]
For a through lot, parking may be located along one street frontage only.
[3]
For a lot with frontage on three streets, parking may be located along no more than two street frontages and must be screened with a minimum three-foot height wall or ornamental fence. If feasible, limit parking to one street frontage.
(e)
In determining where to locate on-site parking, priority shall be based upon the street classifications established by the Town of Bel Air Comprehensive Plan. Parking areas adjacent to public street rights-of-way should be located adjacent to a local road whenever possible, then adjacent to the following types of roads, in order of preference: urban collectors, minor arterials, principal arterials.
 |
|---|
Figure 165-30.II Illustration of site design standards: corner lot and interior lot. |
 |
|---|
Figure 165-30.III Illustration of site design standards: interior lots with shared driveway. |
 |
|---|
Figure 165-30.IV Illustration of site design standards: through lot. |
(6)
Screening for parking.
(a)
Parking areas unscreened by buildings for a length of 50 feet or greater shall be screened by an ornamental fence or wall, three feet high, between the parking area and the street right-of-way. Landscaping may be added between the wall and the right-of-way.
(b)
Parking areas unscreened by buildings for a length of less than 50 feet shall be screened by a continuous evergreen hedge or an ornamental fence or wall with a minimum height of three feet.
(7)
Retail development standards.
(a)
The floor area of an individual retail establishment shall not exceed 40,000 square feet.
(8)
Residential development standards.
(a)
Townhouses shall not be located on a lot with frontage on a principal arterial road.
(b)
Garages, attached or detached, shall be accessed from the rear of the dwelling.
(c)
Standards for percentage of window area shall not apply.
(d)
Maximum building coverage for townhouses shall be 60% of the lot area.
D.
Architectural standards.
(1)
Building facade quality and variation.
(a)
Use architectural details that provide visual interest and human scale on ground floor facades facing a public street. Features can include windows, columns, piers, entrances, and storefront windows.
(b)
All facades shall be of finished quality and consistent in color and material with the front facade.
(c)
Buildings on corner lots shall be architecturally treated as having frontage on all facades along a street.
(d)
Facades greater than 40 feet in length shall be articulated with discernible architectural elements, using one or more of the techniques listed below. Minor changes in material are not sufficient. The facade shall be divided into bays a maximum of 40 feet in length.
[1]
Divide facades into bays using masonry piers that frame window and door elements.
[2]
Use vertical and horizontal articulation to break the facade, including features such as breaks in the surface of the wall (wall projections or recesses); the placement of window and door openings; or the placement of balconies, awnings, or canopies.
[3]
Divide the facade into a series of display windows.
[4]
Provide recessed entries.
(e)
Buildings greater than 45 feet in height shall:
[1]
Provide a transition from the pedestrian levels to the upper stories through the use of materials, building articulation, and detailing.
[2]
Use horizontal articulation to avoid monolithic street wall facade, using the features listed in Subsection D(1)(d) above.
[3]
Employ varied, articulated or fenestrated facades.
 |
|---|
Figure 165-30.V Facade walls should be designed to break down into component pieces horizontally and vertically. |
(2)
Entrances and windows.
(a)
Emphasize the entrances on facades facing the street through design features such as columns, transoms, recessed entry, awnings or other features.
(b)
Provide attractive design features and safe and convenient pedestrian access for entrance on side and rear facades.
(c)
Generally, use framed, individual windows with vertical proportions. Continuous strip windows or other designs may be approved, subject to review by an independent architect in accordance with Article XVI, § 165-118A(6).
(d)
Glass should not be reflecting, as in mirrored windows. Tinted glass to prevent inner glare may be allowed, subject to review by the Zoning Administrator. Justification for tinted glass shall be submitted to the Zoning Administrator.
(e)
Window area on facades facing public streets shall be within the following range:
[1]
Storefront buildings: 70% to 90% for the ground floor; 40% to 80% for upper floors.
[2]
Other buildings: 60% to 90% for the ground floor; 40% to 80% for upper floors.
[3]
A smaller window area may be approved, subject to review by an independent architect in accordance with Article XVI, § 165-118A(6), for buildings that require less window area based upon their function.
 |
|---|
 |
Figure 165-30.VI Illustration of window area standards. (The building design is for illustrative purposes and is not intended to require or recommend a particular architectural style.) |
(3)
Roof design. Provide a cornice or fascia at the roofline to create a strong roofline and give a finished appearance to the building facade.
(4)
Compatibility with neighboring buildings.
(a)
Infill buildings within a block that is primarily developed shall contribute to the visual cohesiveness of the block. This may be accomplished through:
[1]
Continuation of an established building wall, where applicable; and
[2]
Similarity between existing building facades and the proposed structure in one or more of the following elements: height and spacing of entrances and windows, window proportions, cornice height, canopy lines or roof treatments.
(b)
Buildings located adjacent to a designated historic site shall be designed to complement the historic building architecture using similar proportions, spacing and height of windows, entrances, facade bays, cornices, or similarity in materials and colors.
(5)
Awnings and canopies.
(a)
Awnings and canopies should be visually contained within the building framework of columns and other architectural trim.
(b)
Awnings and canopies should be compatible with the building and/or window in material, scale, proportion, and color.
(c)
Awnings and canopies shall maintain a clearance of eight feet above the ground.
(6)
Materials and colors.
(a)
Brick, high-quality masonry or alternative material compatible and complimentary to materials used in the zoning district are appropriate for the primary building material of a principal building.
(b)
Simplicity of design and a limited range of colors and materials are encouraged. In general, use no more than three colors on a facade, including natural colors, such as unpainted stone or brick.
(c)
Contrasting colors may be used to accent architectural details, window trim, and entrances.
(7)
Trademark buildings. Trademark buildings with franchise architecture shall conform in full to these architectural standards. Departures, for the purpose of conforming to corporate design standards, are not permitted.
(8)
Mechanical equipment. Screen mechanical equipment (such as air compressors, pumps, transformers, meters, boxes, and HVAC units) from public streets and public open spaces. Screening methods may include locating equipment upon a roof behind a parapet wall or to the rear of the building, fencing, or appropriate landscaping.
(9)
Structured parking.
(a)
Structured parking is encouraged to allow efficient use of land and provide shared parking within the downtown area.
(b)
Whenever possible, integrate structured parking within a structure containing other uses. Locate retail or service uses on the first-floor street facade if possible. Treat parking structure facades visible from the street in the same manner as the primary building facades.
(c)
Freestanding parking structures not integrated with other uses should, if possible, be located in the interior of a block accessed from a side street or alley.
(d)
If a freestanding parking structure is adjacent to a public street right-of-way other than an alley, the structure shall be set back a minimum of eight feet from the right-of-way.
(e)
Design structured parking with materials, architectural details and landscaping that enable the structure to relate to the pedestrian scale and context and comply with requirements for facade quality and variation. Window area requirements shall not apply.
(10)
Fire protection. For buildings higher than three stories or 45 feet, adequate access for ladder rescue vehicles shall be available on two sides of the proposed building to ensure fire/life safety protection, and a sprinkler system shall be installed throughout the building.
E.
Site elements.
(1)
Fencing and screening.
(a)
Walls and fences shall be uniform and compatible with architectural style, color and building material. Appropriate materials include iron grating, wood, stone or brick. No jersey barrier, split rail, wire mesh or chain-link walls or fencing will be permitted. Temporary barriers other than chain link must be approved by the Director of Public Works. Walls greater than 40 feet in length shall incorporate some form of visual relief, including, but not limited to, pattern breaks, barrier wall construction, vertical features such as columns, differing construction materials or a combination of the above.
(b)
All service areas, including, but not limited to, shipping, loading areas, dumpsters, refuse bins and similar accessory uses, shall be placed in the side or rear yard and screened from public view.
(c)
Rooftop mechanical equipment and vents, utility facilities and other such equipment shall be located away from public view or screened with a treatment that is complementary to the building architecture. If service areas are exposed to view due to site conditions, such areas shall be screened with landscaping and appropriate fencing.
(2)
Lighting and security.
(3)
Vehicular and pedestrian access.
(a)
Vehicular access points shall be kept to a minimum. Shared or linked parking areas that provide cross access to adjacent properties are encouraged.
(c)
Street connectivity and access management shall be ensured through driveway consolidation, relocation and enclosure of curb cuts and driveways, creation of medians and shared driveways to help improve the function of commercial streets.
(d)
Walkways shall be designed to meet the following requirements:
[1]
Provide safe, convenient, well-illuminated entrance to the building.
[2]
Protect pedestrians from vehicular intrusion with landscaping and curbs that are integrated into the overall streetscape design.
[4]
A continuous internal pedestrian walkway shall be provided from the perimeter public sidewalk to the principal customer entrance(s). ADA-compliant sidewalks extending the full length of the building or center must be provided along any facade featuring a customer entrance and along any facade abutting public parking areas. Modifications may be authorized by the Building Official on a case-by-case basis when site conditions warrant.
[5]
The internal pedestrian walkways, including those crossing vehicular lanes, must be distinguished from driving surfaces through the use of special pavers or scored concrete to enhance pedestrian safety and the attractiveness of the walkways.
(4)
Landscaping and amenities. Landscaping shall be designed to add visual interest to open spaces, parking areas and facades, as well as to soften the transition between buildings of different heights and styles. Landscaping plans shall be submitted as required in Articles VI and VIII of this Part 2. The landscape plan shall be designed to meet the following minimum requirements:
(a)
Preserve the maximum number of existing healthy trees when developing the site.
(b)
Add visual interest to open spaces and blank facades by utilization of landscaping to enhance the streetscape.
(c)
Provide definition of public walkways and open areas.
(d)
Provide a consistent visual image between adjacent properties along the streetscape.
(e)
Provide appropriate curbs, tree guards and grates to ensure the continued health of the plant material located in pedestrian areas.
(f)
Provide plant species for year-round appearance, maintenance and compatibility with adjacent properties.
(g)
Provide plants in proper size and quantities to allow their healthiest establishment and to complement the development and the streetscape.
F.
Density, lot area, width, height and yard requirements. Table 165-30[3] outlines the requirements for uses in the B-2 District, subject to the modifications provided under Article IX of this Part 2.
[3]
Editor's Note: See the Table of Lot Requirements for Specific Uses, included as an attachment to this chapter.
G.
Thresholds for applicability of requirements.
(1)
No legally existing use shall be considered nonconforming due to noncompliance with the standards of this zoning district for maximum setback, minimum height, minimum building facade frontage along a public street right-of-way, location of parking or access driveways, or architectural standards.
(2)
The following table specifies the thresholds at which the standards of this district shall apply to proposed expansions or new constructions.
(3)
If a proposed building expansion exceeds 50% of the gross building area existing on the effective date of this section, and the proposed development site will not comply with the requirements of this zoning district:
(a)
Special exception approval shall be required for the expansion.
(b)
The Board of Appeals, in reviewing the proposed special exception, shall evaluate whether the proposed expansion will contribute to accomplishing the purposes of this zoning district and complies, to the extent feasible and reasonable, with the applicable standards indicated in the following chart:
Table 165-30A: Thresholds for Applying Requirements to New Construction | ||||||
|---|---|---|---|---|---|---|
Extent of Development | General Standards | Standards Specific to B-2 District | ||||
Architectural Standards | Design Standards for Site Elements | Building Placement and Frontage | Minimum and Maximum Front Setback | Parking Location | Landscaping and Screening for Parking Area | |
New development | X | X | X | X | X | X |
Additions to single-family detached dwellings | ||||||
Additions to existing nonresidential or multifamily building not exceeding 50% of gross floor area; the standards indicated shall apply only to new construction and new site improvements | X | X | ||||
Additions to existing nonresidential or multifamily building greater than 50% of gross floor area; compliance is required or special exception approval is needed for deviations from requirements | X | X | X | X | ||
Parking areas that add 1 to 5 spaces | X | X | ||||
Parking areas with 6 or more spaces | X | X | X | |||
§ 165-31 B-2A Central Business Gateway District.
[Amended 4-3-2017 by Ord. No. 780-17; 9-16-2019 by Ord. No. 792-19; 7-17-2023 by Ord. No. 813-23; 3-3-2025 by Ord. No. 840-25]
A.
Purpose. The Central Business Gateway District is established to:
(1)
Allow reuse, infill and redevelopment in areas bordering Bel Air's traditional Town Center in a manner that retains the small-town scale of development and provides a sense of arrival to the Town's historic core.
(2)
Encourage efficient use of land and compact development that establishes a logical extension of the traditional downtown, reinforces pedestrian connections and is compatible with existing buildings within and adjacent to the B-2A District.
(3)
Strengthen the pattern of land use that integrates services, offices, civic uses, residences and public amenities.
(4)
Provide for safe and convenient pedestrian, demolition and automotive travel.
(5)
Require the use of building components that are human in scale.
(6)
Encourage protection of mature vegetation and establishment of landscaping to reinforce the existing network of open space, lawns, gardens and landscaped areas.
(7)
Provide transitions or buffers so that new development is compatible with and protective of surrounding residential uses.
B.
General regulations.
(1)
Customary home occupations and professional services may be permitted in accordance with the performance standards set forth in Article VII. A home occupation certificate is required.
(2)
Street trees shall be required along the street edge of the primary access road with clustering of smaller trees encouraged throughout the developed areas.
(3)
A comprehensive coordinated sign plan shall be submitted at the time of site plan review. This shall include one or a combination of the following signage styles: freestanding, directory, projecting, wall, roof, canopy, and/or window. Signs shall be designed to project the image of the business or service while complementing the design of the subject property and other buildings in the district. All signs, including banners, require a permit. Signs shall conform to regulations specified in Article XV of this chapter.
C.
Site design standards.
(1)
Design goals.
(a)
The streetscape and the building facade facing the street shall be the primary focus of the development.
(b)
New development shall contribute to the creation or reinforcement of a pedestrian-friendly streetscape with sidewalks lined by front yards that provide attractive landscaping and convenient access to building entrances.
(c)
Parking shall not be a dominant visual element of the streetscape. Parking should be screened by buildings or buffered by attractive plantings or low walls.
(d)
Building and site designs should preserve and enhance special street views, in particular, views of landmark buildings and natural features, focal points at T-intersections and views along curving roadways.
(2)
Treatment of front yard areas. The front yard area for a nonresidential use shall be landscaped to provide a green amenity area that contributes to an attractive streetscape. The landscaping shall include at least three of the following elements: trees, shrubs, flowering plants, benches, gazebos, lawn or other elements that contribute towards the goal of this provision.
(3)
Building placement and frontage on street.
(a)
The building facade must occupy at least 60% of the street frontage.
(b)
A single driveway and/or walkway shall be permitted between the building and a side lot line for access to a side or rear parking area.
(c)
For corner lots with cumulative frontage greater than 200 feet:
[1]
A building facade frontage less than 60% may be approved along one road, provided that the proposed building complies with the architectural standards for corner buildings and has the primary building facade and entrances oriented towards the street frontages.
[2]
In determining which streets should have the required building facade frontage, priority shall be based upon street classifications established by the Town of Bel Air Comprehensive Plan. The required building frontage shall be created along streets in the following order of priority: principal arterials, minor arterials, urban collectors, local roads.
(4)
Parking location and access.
(b)
Limit the width of curb cuts to 30 feet for two-way access or 22 feet for one-way access, unless a wider curb cut is required by the Maryland State Highway Administration.
(c)
For interior lots, off-street parking shall be located to the rear of the principal structure. In addition, no more than 1/2 bay of parking may be located to the side of the principal structure, no closer to the street than the building facade.
(d)
If a lot has frontage on more than one street:
[1]
For a corner lot, parking shall be located on sides of the building interior to the blocks. Parking spaces shall be no closer to the street than the building facade facing the same street and screened with a minimum three-foot height wall, ornamental fence or landscape.
[2]
For a through lot, parking shall be located along one street frontage only.
[3]
For a lot with frontage on three streets, parking may be located along no more than two street frontages and screened with a minimum three-foot height wall, ornamental fence or landscape; if feasible, limit to one street frontage.
(e)
In determining where to locate on-site parking, priority shall be based upon the street classifications established by the Town of Bel Air Comprehensive Plan. Parking areas adjacent to a public street right-of-way should be located adjacent to a local road whenever possible, then along the following types of roads, in order of preference: urban collectors, minor arterials, principal arterials.
 |
|---|
Figure 165-31.I Illustration of site design standards for the B-2A District. |
(5)
Screening for parking areas. Perimeter landscaping shall be provided between parking areas and street rights-of-way by a continuous evergreen hedge or an ornamental fence or wall with a minimum height of three feet.
(6)
Design of pedestrian areas, walls and fences.
(a)
Walkways and pedestrian amenities shall be constructed of materials compatible in color, pattern, texture and scale with adjacent and nearby buildings.
(b)
Walls and fences shall be uniform and compatible with the architectural style, color and materials of buildings in close proximity. Appropriate materials include iron grating, wood, stone, finished decorative concrete or brick. No jersey barrier, split rail, wire mesh or chain-link walls or fencing will be permitted. Temporary barriers other than chain link must be approved by the Director of Public Works.
(7)
Retail development standards. The floor area of an individual retail establishment shall not exceed 7,500 square feet.
(8)
Residential development standards.
(a)
The front facade of townhouses shall not face a principal arterial road.
(b)
Porches and steps may encroach up to eight feet into the minimum front yard.
(c)
Garages, attached or detached, shall be accessed from the rear of the dwelling.
(d)
Standards for percentage of window area shall not apply.
(e)
Maximum building coverage for townhouses shall be 60% of the lot area.
D.
Density, lot area, width, height and yard requirements. Table 165-31[2] outlines the requirements for uses in the B-2A District, subject to the modifications provided under Article IX of this Part 2.
 Figure 165-31.II Illustration of height, setback and front yard standards for the B-2A District. |
[2]
Editor's Note: See the Table of Lot Requirements for Specific Uses, included as an attachment to this chapter.
E.
Thresholds for applicability of requirements.
(1)
No legally existing use shall be considered nonconforming due to noncompliance with the standards of this zoning district for maximum setback, minimum height, minimum building facade frontage along a public street right-of-way, location of parking or access driveways, or architectural standards.
(2)
The following table specifies the thresholds at which the standards of this district shall apply to proposed expansions or new construction.
(3)
If a proposed building expansion exceeds 50% of the gross building area existing on the effective date of this section, and the proposed development site will not comply with the requirements of this zoning district:
(a)
Special exception approval shall be required for the expansion.
(b)
The Board of Appeals, in reviewing the proposed special exception, shall evaluate whether the proposed expansion will contribute to accomplishing the purposes of this zoning district and complies, to the extent feasible and reasonable, with the applicable standards indicated in the following chart:
Table 165-31A: Thresholds for Applying Requirements to New Construction | ||||||
|---|---|---|---|---|---|---|
Extent of Development | General Standards | Standards Specific to B-2A District | ||||
Architectural Standards | Design Standards for Site Elements | Building Placement and Frontage | Minimum and Maximum Front Setback | Parking Location | Landscaping and Screening for Parking Area | |
New development | X | X | X | X | X | X |
Additions to single-family detached dwellings | ||||||
Additions to existing nonresidential or multifamily building not exceeding 50% of gross floor area; the standards indicated shall apply only to new construction and new site improvements | X | X | ||||
Additions to existing nonresidential or multifamily building greater than 50% of gross floor area; compliance is required or special exception approval is needed for deviations from requirements | X | X | X | X | ||
Parking areas that add 1 to 5 spaces | X | X | ||||
Parking areas with 6 or more spaces | X | X | X | |||
§ 165-32 B-3 General Business District.
A.
Purpose.
(1)
The General Business District is designed to accommodate a wide range of commercial establishments. Uses in this district serve a wide area and tend to generate high volumes of vehicular traffic. This district is intended to accommodate more intense commercial and mixed-use development and to implement the goals of the Economic Development Element of the Town of Bel Air Comprehensive Plan.
(2)
These areas are located along major transportation corridors and should be developed in a sensitive manner to ensure compatible architecture and site design consistent with a major gateway. Campus-style development patterns with multilevel buildings, service, retail and institutional uses in a park-like setting are encouraged. The district should satisfy regional needs for large-scale institutional and commercial development.
B.
General regulations.
[Amended 4-3-2017 by Ord. No. 780-17]
(1)
Customary home occupations and professional services may be permitted in accordance with the performance standards set forth in Article VII. A home occupation certificate is required.
(2)
[1]Development shall enhance the visual approach to the Town by providing an attractive gateway to the Town.
[1]
Editor's Note: Former Subsection B(2), regarding application of general regulations found in the R-O District, was repealed 7-17-2023 by Ord. No. 813-23. This ordinance also renumbered former Subsection B(3) through B(5) as Subsection B(2) through B(4), respectively.
(3)
Street trees shall be required along the street edge of the primary access road, with clustering of smaller trees encouraged throughout the developed areas.
(4)
A comprehensive coordinated sign plan shall be submitted at the time of site plan review. This shall include one or a combination of the following signage styles: freestanding, directory, projecting, wall, roof, canopy and/or window. All signs, including banners, require a permit. Signs shall conform to the regulations as specified in Article XV of the Town of Bel Air Development Regulations.
C.
Site design standards.
[Added 7-17-2023 by Ord. No. 813-23[2]]
(1)
An access permit shall be required for all parking area curb cuts. Curb cuts on Town roads for new uses shall not exceed 35 feet, and the driveway shall not exceed 24 feet in width. The curb cut sidewalk pattern should be carried across the driveway. Buildings, low walls and attractive plantings shall be used to screen commercial parking areas.
(2)
Architecture shall be compatible with neighboring development and provide a cohesive and rational pattern. All development shall consider design features that will create an attractive and visual continuity between proposed development and adjacent areas. Buildings shall be constructed to ensure visual privacy and sunlight for adjacent structures, as well as protection from the new or renovated developments, site illumination, noise and odors, as applicable.
(3)
Building and site design should preserve and enhance special street views. Views of landmark buildings, natural features, focal points at T-intersections and views along curving roadways shall be highlighted. Traditional building materials, such as brick or high-quality masonry finish, are encouraged.
(4)
Building, design, height and massing.
(a)
Building materials shall be compatible in quality, color, texture, finish and dimension with other buildings in the area. Architecturally harmonious material, color, texture and treatment shall be used for all exterior walls.
(b)
Rear facades shall be of finished quality and shall be consistent in color and material with the rest of the building.
(c)
The style and scale of the proposed building shall respect design elements prevalent in the area. Examples of such elements are the width, roofline pattern, size, shape, height, facing windows and building materials found throughout the Town.
(d)
The use of fenestration, patterns and traditional design elements is encouraged. Examples of such design elements are awnings, facade offsets, covered porticos, recessed or projected entries and other appropriate architectural features. Building walls shall be a maximum of 40 feet in length without modulation.
(e)
Roof forms shall be considered based on their compatibility with the existing architectural context and the character of nearby buildings.
(f)
Glass should not be reflecting, as in mirrored windows. Tinted glass to prevent inner glare may be allowed, subject to review by the Zoning Administrator. Justification for tinted glass shall be submitted to the Zoning Administrator.
(g)
Simplicity of design and a limited range of colors and materials are encouraged. Contrasting colors which accent architectural details and entrances are encouraged, as well as the use of graffiti-resistant materials.
(h)
A building height transition or step down is required for projects that are adjacent to residential districts.
(5)
Fencing and screening.
(a)
Walls and fences shall be uniform and compatible with architectural style, color and building material. Appropriate materials include iron grating, wood, stone or brick. No jersey barrier, split rail, wire mesh or chain-link walls or fencing will be permitted. Temporary barriers other than chain link must be approved by the Director of Public Works. Walls and fences greater than 40 feet in length shall incorporate some form of visual relief, including, but not limited to, pattern breaks, barrier wall construction, vertical features such as columns, differing construction materials or a combination of the above.
(b)
All service areas, including, but not limited to, shipping, loading areas, dumpsters, refuse/recycling bins and similar accessory uses, shall be located in the side or rear yard and screened from public view.
(c)
Rooftop mechanical equipment and vents, utility facilities and other such equipment shall be located away from public view or screened with a treatment that is complimentary to the building architecture. If service areas are exposed to view due to site conditions, such areas shall be screened with landscaping and ornamental fencing.
(6)
Lighting and security.
(a)
The use of decorative lighting and supporting structures consistent with building design, style and color is encouraged.
(b)
Lighting provided for parking areas shall not exceed 25 feet in height and shall meet requirements found in Article VII.
(c)
The use of security alarm systems is encouraged.
(7)
Vehicular and pedestrian access.
(b)
Curb cuts should be eliminated or minimized to the greatest extent possible through shared driveways with adjacent properties.
(c)
Street connectivity and access management shall be ensured through driveway consolidation, relocation and enclosure of curb cuts and driveways, creation of medians and shared driveways to help improve the function of commercial streets.
(d)
Walkways shall be designed to meet the following requirements:
[1]
Provide safe, convenient, well-illuminated entrance to the building.
[2]
Protect pedestrians from vehicular intrusion with landscaping and curbs that are integrated into the overall streetscape design.
[3]
Provide safe community access for the handicapped to all major building entrances by means of minimum grade changes, curb cuts, ramps and railings, as required by the Americans with Disabilities Act (ADA).
[4]
A continuous internal pedestrian walkway shall be provided from the perimeter public sidewalk to the principal customer entrance(s). ADA-compliant sidewalks extending the full length of the building or center must be provided along any facade featuring a customer entrance and along any facade abutting public parking areas. Modifications may be authorized by the Building Official on a case-by-case basis when site conditions warrant.
[5]
The internal pedestrian walkways, including those crossing vehicular lanes, must be distinguished from driving surfaces using special pavers or scored concrete to enhance pedestrian safety and to distinguish walkways.
D.
Special regulations. In addition to the general regulations noted above, the following regulations and the applicable regulations contained in other articles shall apply in the B-3 General Business District. Certain uses are subject to performance standards specified in Article VII of this Part 2.
[Amended 4-3-2017 by Ord. No. 780-17; 7-17-2023 by Ord. No. 813-23]
E.
Density, lot area, width, height and yard requirements. Table 165-32[3] outlines the minimum requirements that shall apply for uses in the B-3 District, subject to the modifications provided under Article IX of this Part 2.
[Amended 4-3-2017 by Ord. No. 780-17]
[3]
Editor's Note: See the Table of Lot Requirements for Specific Uses, included as an attachment to this chapter.
§ 165-33 B-3A General Business Gateway District.
[Amended 2-21-2012 by Ord. No. 748-12; 4-3-2017 by Ord. No. 780-17; 7-17-2023 by Ord. No. 813-23; 3-3-2025 by Ord. No. 840-25]
A.
Purpose. The General Business Gateway District is established to:
(1)
Promote reuse, infill and redevelopment that provide a transition from the highway-oriented development of the B-3 District to the Town's pedestrian-oriented, historic core.
(2)
Encourage efficient use of land and compact development with a mixture of retail, service, office, civic and residential uses.
(3)
Allow the land uses permitted in the B-3 District while incorporating design standards appropriate to Bel Air's traditional downtown core.
(4)
Encourage increased economic vitality through the addition of new downtown residences and uses that attract visitors, such as specialty shops, restaurants, theaters and overnight accommodations.
(5)
Encourage mixed-use buildings with retail and service uses at street level and office or residential uses on upper levels.
(6)
Promote redevelopment of vacant and underutilized properties.
(7)
Provide for safe and convenient pedestrian, bicycle and automotive travel.
(8)
Provide pedestrian connections between Route 1 and Bel Air's downtown area.
(9)
Retain and create attractive streetscapes with a lively, pedestrian-oriented character.
(10)
Require the use of building components that are human in scale.
(11)
Provide transitions or buffers so that new development is compatible with and protective of surrounding residential uses.
B.
General regulations.
(1)
Customary home occupations and professional services may be permitted in accordance with the performance standards set forth in Article VII. A home occupation certificate is required.
(2)
Street trees shall be required along the street edge of the primary access road, with clustering of smaller trees encouraged throughout the developed areas.
(3)
A comprehensive coordinated sign plan shall be submitted at the time of site plan review. This shall include one or a combination of the following signage styles: freestanding, directory, projecting, wall, roof, canopy, and/or window. Signs shall conform to regulations specified in Article XV of this chapter.
C.
Site design standards.
(1)
Design goals.
(a)
The streetscape and the building facade facing the street shall be the primary focus of the development.
(b)
New development shall contribute to the creation or reinforcement of a pedestrian-friendly streetscape with a strong pedestrian edge along the sidewalk and screening for parking.
(c)
Buildings on corner lots shall establish a strong presence with unified facade design along both street frontages.
(d)
Parking shall not be a dominant visual element of the streetscape. Parking should be screened by buildings or buffered by attractive plantings or low walls.
(e)
Building and site designs should preserve and enhance special street views, in particular, views of landmark buildings and natural features, focal points at T-intersections and views along curving roadways.
(2)
Treatment of front yard and sidewalk area. The public streetscape between the building facade and the street shall be developed as a safe and convenient pedestrian area with attractive amenities, such as sidewalks, public plazas or squares, lighting, seating, canopies or awnings and landscaping.
(3)
Building placement and frontage on street.
(a)
For lots with street frontage of less than 100 feet, the building facade must occupy at least 70% of the street frontage.
(b)
For lots with street frontage of 100 feet or greater, the building facade must occupy at least 60% of the street frontage.
(c)
The Planning Commission may approve buildings with lesser frontage:
(d)
A single driveway and/or walkway shall be permitted between the building and a side lot line for access to a side or rear parking area.
(e)
For corner lots with cumulative frontage greater than 200 feet:
[1]
A building facade frontage less than the required percentage may be approved along one road, provided that the proposed building complies with the architectural standards for corner buildings and has the primary building facade and entrances oriented towards the street frontages.
[2]
In determining which streets should have the minimum building facade frontage, priority shall be based upon street classifications established by the Town of Bel Air Comprehensive Plan. The required building frontage shall be created along streets in the following order of priority: principal arterials, minor arterials, urban collectors, local roads.
(5)
Parking location and access.
(b)
Curb cut width shall be limited to 30 feet for two-way access or 22 feet for one-way access, unless a wider curb cut is required by the Maryland State Highway Administration.
(c)
Off-street parking shall be located to the rear and to the side of the principal structure.
(d)
For interior lots, parking spaces shall not be located between the building facade and the street.
(e)
If a lot has frontage on more than one street:
[1]
For a corner lot, parking shall be located on the sides of the building interior to the block. Parking shall be no closer to the street than the building facade facing the same street and screened with a minimum height three-foot wall, fence or landscape.
[2]
For a through lot, parking shall be located along one street frontage only.
[3]
For a lot with frontage on three streets, parking may be located along no more than two street frontages and screened with a minimum height three-foot wall, fence or landscape; if feasible, limit to one street frontage.
(f)
In determining where to locate on-site parking, priority shall be given based upon the street classifications established by the Town of Bel Air Comprehensive Plan. Parking areas adjacent to a public street right-of-way should be located adjacent to a local road whenever possible, then adjacent to the following types of roads, in order of preference: urban collectors, minor arterials, principal arterials.
 |
|---|
Figure 165-33.II Illustration of site design standards for the B-3A District. |
(6)
Screening for parking areas.
(a)
Parking areas unscreened by buildings shall be screened by a minimum three-foot-high continuous evergreen hedge or equivalent dense landscaping or a decorative wall or fence located at the edge of the sidewalk.
(7)
Design of pedestrian areas, walls and fences.
(a)
Walkways and pedestrian amenities shall be constructed of materials compatible in color, pattern, texture and scale with adjacent and nearby buildings.
(b)
Walls and fences shall be uniform and compatible with the architectural style, color and materials of buildings in close proximity. Appropriate materials include iron grating, wood, stone, finished decorative concrete or brick. No jersey barrier, split rail, wire mesh or chain-link walls or fencing will be permitted. Temporary barriers other than chain link must be approved by the Director of Public Works.
(8)
Residential development standards.
(a)
The front facade of the townhouses shall not face a principal arterial road.
(b)
Garages, attached or detached, shall be accessed from the rear of the dwelling.
(c)
No density standards are applicable to townhouses or multifamily dwellings.
(d)
Standards for minimum percentage of window area shall not apply.
(e)
Maximum building coverage for townhouses shall be 60% of the lot area.
D.
Density, lot area, and width. Table 165-33[2] outlines the requirements for uses in the B-3A District, subject to the modifications provided under Article IX of this Part 2.
[2]
Editor's Note: See the Table of Lot Requirements for Specific Uses, included as an attachment to this chapter.
E.
Thresholds for applicability of requirements.
(1)
No legally existing use shall be considered nonconforming due to noncompliance with the standards of this zoning district for maximum setback, minimum height, minimum building facade frontage along a public street right-of-way, location of parking or access driveways, or architectural standards.
(2)
The following table specifies the thresholds at which the standards of this district shall apply to proposed expansions or new construction.
(3)
If a proposed building expansion exceeds 50% of the gross building area existing on the effective date of this section, and the proposed development site will not comply with the requirements of this zoning district:
(a)
Special exception approval shall be required for the expansion.
(b)
The Board of Appeals, in reviewing the proposed special exception, shall evaluate whether the proposed expansion will contribute to accomplishing the purposes of this zoning district and complies, to the extent feasible and reasonable, with the applicable standards indicated in the following chart:
Table 165-33A: Thresholds for Applying Requirements to New Construction | ||||||
|---|---|---|---|---|---|---|
Extent of Development | General Standards | Standards Specific to B-3A District | ||||
Architectural Standards | Design Standards for Site Elements | Building Placement and Frontage | Minimum and Maximum Front Setback | Parking Location | Landscaping and Screening for Parking Area | |
New development | X | X | X | X | X | X |
Additions to single-family detached dwellings | ||||||
Additions to existing nonresidential or multifamily building not exceeding 50% of gross floor area; the standards indicated shall apply only to new construction and new site improvements | X | X | ||||
Additions to existing nonresidential or multifamily building greater than 50% of gross floor area; compliance is required or special exception approval is needed for deviations from requirements | X | X | X | X | X | |
Parking areas that add 1 to 5 spaces | X | X | ||||
Parking areas with 6 or more spaces | X | X | X | |||
§ 165-34 M-1 Industrial District.
A.
Purpose. The Industrial District is designed to accommodate enterprises engaging in the manufacturing, processing, designing, repairing, renovating, cleaning, or assembling of goods, merchandise or equipment. In some instances, the traditional industrial areas are immediately adjacent to residential uses. The regulations and standards in this district are intended to ensure compatibility between these divergent land uses while assuring implementation of the Economic Development Element goals of the Town of Bel Air Comprehensive Plan.
B.
General regulations.
[Amended 4-3-2017 by Ord. No. 780-17]
(1)
Development shall be compatible with neighboring development and provide a cohesive and rational pattern. All development shall consider design features that will create an attractive and visual continuity between proposed development and adjacent neighborhoods. Buildings shall be constructed to ensure visual privacy and sunlight for adjacent structures, as well as protection from the new or renovated developments, site illumination, noise and odors, as applicable.
(2)
The use of fenestration, patterns and traditional design elements is encouraged. Examples of such design elements are facade offsets, covered porticos, recessed or projected entries and other appropriate architectural features. Building walls shall be a maximum of 40 feet in length without modulation.
(3)
A building height transition or step down is required for projects that are adjacent to residential districts.
(4)
The area covered by impervious surfaces shall be minimized to the greatest extent practicable.
(5)
Fencing and screening.
(a)
Walls and fences shall be uniform and compatible with architectural style, color and building material.
(b)
All service areas, including, but not limited to, shipping, loading areas, dumpsters, refuse bins and similar accessory uses, shall be placed in the side or rear yard and screened from public view with a solid wall or fence.
(c)
Rooftop mechanical equipment and vents, utility facilities and other such equipment shall be located away from public view or screened with a treatment that is complimentary to the building architecture. If service areas are exposed to view due to site conditions, such areas shall be screened with landscaping and appropriate fencing.
(7)
Vehicular and pedestrian access.
(a)
Vehicular access points shall be kept to a minimum. Shared or linked parking areas that provide cross access to adjacent properties are encouraged.
(c)
Walkways shall be designed to meet the following requirements:
[1]
Provide safe, convenient, well-illuminated entrance to the building.
[2]
Protect pedestrians from vehicular intrusion with landscaping and curbs that are integrated into the overall streetscape design.
[4]
A continuous internal pedestrian walkway shall be provided from the perimeter public sidewalk to the principal customer entrance(s). ADA-compliant sidewalks extending the full length of the building or center must be provided along any facade featuring a customer entrance and along any facade abutting public parking areas. Modifications may be authorized by the Building Official on a case-by-case basis when site conditions warrant.
[5]
The internal pedestrian walkways, including those crossing vehicular lanes, must be distinguished from driving surfaces through the use of special pavers or scored concrete to enhance pedestrian safety and the attractiveness of the walkways.
(8)
Landscaping and amenities. Landscaping shall be designed to add visual interest to open spaces, parking areas and facades, as well as to soften the transition between buildings of different heights and styles and screen exterior storage of materials and equipment from public view. Forest stand delineation, forest conservation and landscaping plans shall be submitted as required in Articles VI and VIII of this Part 2.
[Amended 7-17-2023 by Ord. No. 813-23]
(9)
Signage. Signs shall be designed to project the image of the business or service while complimenting the design of the subject property and other buildings in the district. All signs, including banners, require permits. Signs permitted in the district shall conform to regulations as specified in Article XV of the Town of Bel Air Development Regulations.
§ 165-35 Permitted use tables.
The permitted use tables are included at the end of this chapter.
§ 165-36 Purpose.
Overlay zoning imposes additional regulations for a special public purpose. The establishment of an overlay district is based on its location and function as part of the Town's land use plan. Overlay district requirements shall be in addition to those imposed by the zoning district. In the case of a conflict among regulations in this Part 2, the overlay district standard shall apply.
§ 165-37 Transition Overlay District.
A.
Purpose. The Transition Overlay District is established to:
(1)
Accommodate areas of the Town which were traditionally residential and have evolved to have a current mixed use of residential and professional business and personal service uses.
(2)
Protect residential neighborhoods from the impacts of higher-intensity development.
(3)
Maintain the residential appearance and scale of development of transitional neighborhoods.
(4)
Support small-scale community business uses to minimize daily vehicular trips.
(5)
Support the sense of arrival and provision of attractive gateways to the Town Center.
B.
Boundaries. The Transition Overlay District boundaries are delineated on the Official Town Zoning Map, which is available for review at the Town Department of Planning and Community Development and the Bel Air Town Hall.[1] The Town of Bel Air Comprehensive Plan is the basis for determining transition area boundaries. These are residential areas located along heavily traveled roads and areas significantly impacted by adjacent commercial development.
[1]
Editor's Note: The Zoning Map is also included as an attachment to this chapter.
C.
General regulations. All applications for conversion of residential dwellings to office use, additions to previous conversions or new office/professional service development within the Transition Overlay District shall be reviewed by the Board of Appeals. Uses are permitted as specified in the underlying zoning district. Regulations of the overlay district are in addition to those of the underlying zoning district.
D.
Special regulations. Development within the Transition Overlay District shall be subject to special standards designed to permit the best and most appropriate development within the district. These regulations are in addition to the underlying zoning district regulations. The pertinent regulations are as follows:
(1)
The applicant shall retain the residential appearance of the property, development or improvement.
(2)
All new development or additions shall be compatible in character with the surrounding residences in the residential district in terms of roof style, building, size, scale, building orientation and setting.
(3)
Accessory structures shall be designed to be harmonious with the existing structures on the site through the use of complementary building materials and styles. Recycling/refuse containers shall be stored in the rear or side yards and no dumpsters shall be permitted.
[Amended 4-3-2017 by Ord. No. 780-17]
(4)
Additional buffers above the requirements outlined in Article VII may be required to mitigate impacts of higher-intensity development upon the existing neighborhood. Such buffering shall be determined by the Board of Appeals.
[Amended 4-3-2017 by Ord. No. 780-17]
(5)
Parking areas shall be designed to minimize impact on residential neighbors and to maintain the integrity of the neighborhood. On-site parking shall be provided at a maximum number of 15 spaces. No more than three fleet vehicles shall be parked on the lot at any time. During the review of the application for property conversion to an office, the Board of Appeals shall determine the required number of parking spaces, based on the unit, lot size and proposed use of the building. Criteria for evaluation:
[Amended 4-3-2017 by Ord. No. 780-17]
(6)
A transition between the office building and the street shall be provided. This shall be accomplished through planting, consideration of pedestrian and traffic safety, and design and screening of parking areas.
(7)
Exterior lighting, when determined necessary by the Board of Appeals, shall not exceed eight feet in height to provide minimum illumination and address safety concerns. Lighting standards and building fixtures shall be compatible in design and size with the building and adjacent areas. Excessive lighting shall be avoided, and all lighting shall be shielded from neighboring uses. All lighting shall meet requirements found in Article VII.
[Amended 4-3-2017 by Ord. No. 780-17]
(8)
The applicant shall ensure that the impact of noise on nearby residential uses is minimized.
(9)
The applicant shall specify hours of operation for conversions to office use and the impact on the adjacent residential area. Visitor traffic associated with the commercial use shall be by appointment only with no walk-in patrons or retail space. The Board of Appeals shall determine the maximum number of tenants and the appropriate hours of operation based on impact to nearby residential uses.
[Amended 4-3-2017 by Ord. No. 780-17]
(10)
The applicant shall provide a traffic impact evaluation identifying measures needed to ensure protection of the neighborhood from commercial vehicle intrusion, parking loss and significant traffic increases and other related adverse traffic impacts.
§ 165-38 Purpose.
The Historic Resource Conservation Regulations are established:
A.
To safeguard the heritage of the Town of Bel Air by preserving the historic buildings and sites which reflect elements of its cultural, social, economic, political or architectural history;
B.
To retain and improve property values in such areas;
C.
To encourage property owners of historic buildings to repair and maintain their properties in ways sensitive to the building's original style and method of construction;
D.
To provide guidelines for the construction of new additions to existing historic structures and for infill development in historic neighborhoods;
E.
To preserve, to the extent possible, significant historical or archeological resources;
F.
To encourage adaptive reuse of historic properties as part of the Town's sustainable development initiative;
G.
To promote the use of historic properties for the education, pleasure and welfare of the community; and
H.
To foster public awareness of the Town's history and historic structures.
§ 165-39 Boundaries.
The Historic Resource Conservation District is composed of individually designated historic districts and sites within the Town boundaries. The Official Historic Resource Conservation District Map, which is available for review at the Town Department of Planning and Community Development and Bel Air Town Hall, shows each designated district/site.
§ 165-40 Designation of historic structure, site or district.
[Amended 3-20-2023 by Ord. No. 811-23]
At the request of the property owner or any public agency, the Bel Air Historic Preservation Commission will hold a public hearing, review the applicable federal, state and local requirements for historic designation of a structure, site or district and make a recommendation to the Board of Town Commissioners for its consideration. Designation is based on the following criteria:
A.
The property must be surveyed in accordance with requirements of the Maryland Inventory of Historic Properties procedures. Further, the property must demonstrate significance in terms of one or more of four broad criteria which are consistent with National Register criteria used to identify and evaluate historic properties. The Historic Preservation Commission must follow criteria outlined in Chapter 246 of the Bel Air Town code.
B.
Significance may be evaluated on a national, state or local context. The Historic Preservation Commission shall conduct a public hearing in accordance with Chapter 246 of the Bel Air Town Code. If the property satisfies the requirements for designation, the Historic Preservation Commission shall cause a resolution to be submitted for Board of Town Commissioners consideration to formally designate this structure, site or district. The Board of Town Commissioners has final approval authority for all historic designations. Once a property has been designated, the Town shall record evidence of the designation in the Harford County land records.
C.
Once a property is designated, the Historic Preservation Commission reviews and approves all applications for permits for construction, alteration, repair, moving or demolition of a designated site or structure(s) prior to issuance of a demolition or a building permit. Additionally, the Historic Preservation Commission or its designee shall review and approve accessory structures, exterior building features and/or appurtenances.
D.
Applications for review are filed with the Historic Preservation Commission through the Department of Planning and Community Development. Commission approval or approval by its designee is required for any changes which would affect the exterior appearance of a structure visible or intended to be visible from an adjacent public right-of-way in the district.
E.
The Historic Preservation Commission shall review the proposed construction to ensure appropriateness to an historic setting based upon Chapter 246, Historic Preservation, of the Bel Air Town Code, the Town of Bel Air Design Guidelines for Rehabilitation, Maintenance, and New Construction, Historic Preservation Commission Powers and Duties, and in conjunction with the Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, in addition to requirements of this Part 2. In the case of a conflict among regulations, the strictest standard shall apply.
§ 165-41 Special regulations.
A.
Designated historic districts/sites.
(1)
No permit for any change may be granted until the Commission has acted thereon as provided in the officially adopted Town of Bel Air "Historic Preservation Commission Powers and Duties."
(2)
Every attempt shall be made to retain existing architectural character.
(3)
Every attempt shall be made to retain the structure's compatibility with the surrounding neighborhood.
(4)
Materials for exterior alterations shall be sensitive to those with materials used in the original method of construction.
(5)
Proposed construction shall be in harmony with approved plans for the surrounding area, so that existing and future land values within the area will not be depreciated.
(6)
Demolition of historic structures should be avoided. If no other option is available, the property owner should try to relocate the building. Any new construction should be compatible in color, size, materials and mass with any adjacent historic structures.
(7)
Additionally, the Town of Bel Air Design Guidelines for Rehabilitation, Maintenance and New Construction, Chapter 246, Historic Preservation, of the Bel Air Town Code and the Historic Preservation Commission Powers and Duties should be consulted prior to exterior construction, renovation or rehabilitation.
B.
Exemptions. Exemptions from permit requirements are listed in the Historic Preservation Commission Powers and Duties and are incorporated herein by reference.
C.
Appeal process.
(1)
In the event that any party is aggrieved by a decision of the Board of Town Commissioners to designate a property as an historic site or part of an historic district, the party has the right to appeal to the Circuit Court of Harford County as authorized by the Land Use Article of the Annotated Code of Maryland. Such appeal shall be petitioned in the same manner as a rezoning decision as specified in Article XIII, § 165-101B(8), of this Part 2. An appeal to the Circuit Court shall be taken in accordance with Rules 7-201 through 7-211 of Title 7, Chapter 200, of the Maryland Rules of Procedure.
[Amended 4-3-2017 by Ord. No. 780-17]
(2)
Following designation, should a party be aggrieved by a decision of the Historic Preservation Commission during its review process, the party may appeal to the Circuit Court of Harford County in accordance with the Land Use Article of the Annotated Code of Maryland.
[Amended 4-3-2017 by Ord. No. 780-17; 5-6-2024 by Ord. No. 829-24]
(3)
All appeals must be filed within 30 days of the Board of Town Commissioners or Historic Preservation Commission's decision.
§ 165-42 Purpose.
A.
Environmentally sensitive areas are compromised as urbanization occurs. Development decreases forest cover, increases impervious surface area, alters and disrupts water flow and water-sensitive soils and vegetation, and eliminates animal and biotic habitat. Once destroyed, many types of environmentally sensitive areas are permanently lost. Downtown areas become heat islands. Floodplain areas are altered, and wetlands are destroyed. Sheet runoff from roof, driveway, parking pad and road surfaces disrupts the hydrologic cycle and destroys the quality of streams. The result is a highly degraded environment lacking natural function.
[Amended 4-3-2017 by Ord. No. 780-17]
B.
By recognizing sensitive areas and prioritizing the benefits associated with woodland areas, streams, wetlands, floodplains, erodible soils and sloped areas, environmentally unique areas may be protected from the destructive processes of urbanization. The preservation and, if possible, the reestablishment of sensitive areas will result in a more desirable living environment.
[Amended 4-3-2017 by Ord. No. 780-17]
C.
Specifically, the intent of the Environmental Regulations is to preserve and protect ecologically and environmentally sensitive areas as identified in the Town of Bel Air Comprehensive Plan and achieve the following goals:
§ 165-43 Boundaries.
[Amended 3-20-2023 by Ord. No. 811-23]
Sensitive areas are identified on the Sensitive Areas Map in the currently adopted Bel Air Comprehensive Plan and those determined by the Department of Planning and Community Development to contain any resources of sensitive environmental value shall be subject to mitigation and enhancement and, whenever possible, protected and preserved as undevelopable open space. Major areas impacted by the Environmental Regulations are delineated on the Sensitive Areas Map in the Town Comprehensive Plan, which is available for review at the Town Planning Office and Bel Air Town Hall.
§ 165-44 General regulations.
[Amended 4-3-2017 by Ord. No. 780-17]
Proposed residential subdivisions and nonresidential development projects containing environmentally sensitive areas, as defined in Article XIV of this Part 2, whether specifically indicated on the Official Sensitive Areas Map or not, shall be subject to protection measures. An environmental impact assessment report shall be prepared by a registered landscape architect, certified arborist, forester or a certified forest professional addressing identification, protection, impact mitigation, and enhancement of environmental resources of the project site and its vicinity. The report shall contain sufficient maps and analysis to describe the site, the proposed use and development, environmental characteristics and environmental effects of the proposal. Resources shall be fully described and accurately mapped as determined necessary by the Zoning Administrator. A forest conservation plan may serve as the environmental impact assessment report for a project site if determined sufficient by the Zoning Administrator. Road crossings, utility lines and trail systems may be permitted in the environmentally sensitive areas upon determination by the Zoning Administrator that all necessary steps have been taken to minimize any adverse effect on the environment. Protection, impact mitigation, and enhancement of all other proposed development in the environmentally sensitive areas shall be addressed as they relate to woodland areas, unique vegetation, flood hazard areas, nontidal wetlands, steep slopes and rare and endangered species. Wherever possible, the proposed development project shall be designed to use sensitive areas as visual or recreational open space, greenways or undisturbed space.
§ 165-45 Woodland areas and unique vegetation.
A.
Description of the area. Woodlands and areas of unique vegetation include any land areas where contiguous forest cover of at least 3,500 square feet exists or trees of any species 10 inches or greater in diameter at breast height (DBH).
B.
Special regulations. The identification, location and methods of protection and enhancement of woodland and unique vegetation shall be provided through the following means, as applicable. The design of proposed development shall, to the maximum extent possible, incorporate existing stands of trees into the overall development. Development proposals shall preserve these stands and provide for protection and retention through maintenance of pervious surfaces within the critical root zone of trees and separation of trees from vehicular traffic. Unique vegetation shall be similarly protected in consultation with a registered landscape architect and/or certified arborist.
[Amended 4-3-2017 by Ord. No. 780-17]
(1)
Subdivision and large lot development. Any parcel in excess of 40,000 square feet in area shall be subject to the provisions of Chapter 216, Forest Conservation, of the Bel Air Town Code. At a minimum, a forest stand delineation is required at the time of site plan review. A forest conservation plan must be completed and approved prior to final site plan approval.
(2)
Small lot development. Design of any development on parcels of land less than 40,000 square feet in area must take into consideration any existing mature trees or forest cover. A mature tree shall be considered any tree measuring 10 inches in DBH or greater. All mature trees shall be mapped on the grading plan and submitted prior to or in conjunction with the site plan for the proposed development. Adequate protection measures, including but not limited to tree protection fences, root pruning and noninvasive construction methods, may be required. On wooded sites, a minimum of 50% of all mature trees must be preserved and protected during the development process.
(a)
When development design cannot be accomplished without removal of more than 50% of the existing mature trees, the applicant shall replace each tree removed that reduces the fifty-percent threshold with a species determined to be appropriate by the reviewing agency. At a minimum, two trees shall be required for every one tree removed below the threshold. The tree replacement requirement shall be determined by the planning staff and Bel Air Tree Committee, in order to adequately maintain the environmental value of the site. Recommended replacement requirements are as follows:
[Amended 4-3-2017 by Ord. No. 780-17]
Diameter at Breast Height (DBH) (inches) | Ratio of Replacement to Existing | |
|---|---|---|
10 to 24 | 2:1 | |
Greater than 24 | 4:1 |
(b)
The following trees may only be removed if the applicant can adequately document, to the satisfaction of the Bel Air Tree Committee and the planning staff, that no other option exists:
(c)
The Zoning Administrator and/or the Planning Commission may permit the tree replacement requirements to be satisfied through the payment of a fee in lieu of on-site planting when replacement of trees is impractical due to site conditions.
(d)
Fees shall be determined by statute based on tree replacement costs. Tree fee-in-lieu payments shall be used for tree planting and maintenance through the Town's Tree Planting Fee-in-Lieu Fund.
§ 165-46 Flood hazard areas.
A.
Description of the area.
(1)
Flood hazard areas are described as those areas delineated as special flood hazard areas on the Flood Insurance Rate Map (FIRM), part of the one-hundred-year floodplain determination criteria established by FEMA for flood-prone areas. The Department of Planning and Community Development and the Department of Public Works may determine other areas as flood-prone and require hydrologic analysis to determine the extent of impact the proposed development may have on the area. If area is impacted, Chapter 210, Floodplain Management, of the Bel Air Town Code shall apply.
(2)
The official floodplain maps used in the enforcement of this chapter shall be the "Flood Insurance Rate Maps," as prepared by the Federal Emergency Management Agency, issued on April 19, 2016, and any subsequent amendments.
[Amended 4-3-2017 by Ord. No. 780-17]
B.
Special regulations.
(1)
Specific use and Development Regulations specified in Chapter 210, Floodplain Management, of the Bel Air Town Code shall govern development proposed in floodplain areas. Protection measures shall include replanting and/or maintenance of natural vegetation to ensure bank stabilization, erosion control and stream protection.
(2)
Perpetual protection shall be provided through the use of deed restrictions, restrictive covenants or donation to a land trust.
(3)
To prevent excessive damage to buildings and structures, restrictions shall apply to all new construction and substantial improvements (as defined in Chapter 210, Floodplain Management, of the Bel Air Town Code) to existing structures occurring in a special flood hazard area. The Department of Planning and Community Development and/or the Department of Public Works may impose similar restrictions, as necessary, to adequately prevent damage to structures located in close proximity to special flood hazard areas. This may include, but not be limited to, structures proposed within 50 feet of a special flood hazard area, or a structure with the lowest floor elevation below the established base flood elevation of the special flood hazard area affecting the parcel.
(4)
The design, placement and construction of all public and private utilities and facilities in designated flood hazard areas shall meet the following requirements:
(a)
New or replacement water distribution and treatment systems and/or sanitary sewage systems shall be designed and floodproofed to eliminate or minimize infiltration of floodwaters into the systems and discharges from the systems into floodwaters and to avoid impairment during flooding and to minimize flood damage. Cesspools and seepage pits are prohibited. All pipes connected to sewage systems shall be sealed to prevent leakage.
(b)
All gas, electrical and other facility and utility systems shall be located, constructed and floodproofed to eliminate or minimize flood damage.
(c)
All new storm drainage facilities within and leading to or from the Floodplain District shall be adequately designed, floodproofed and installed to eliminate or minimize property damage resulting from the floodwaters of the one-hundred-year flood and to minimize the adverse environmental impacts of their installation and use.
(6)
In granting a variance, the Board of Appeals must make a determination that failure to grant a variance would result in exceptional hardship (other than economic) to the applicant, and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing local and state laws or ordinances.
(7)
Any variance granted to allow building in a designated flood area shall be the minimum necessary, considering the flood hazard, to afford relief. In considering a variance action, comments from the NFIP Coordinating Office, Maryland Department of Environment, must be taken into account and maintained with the permit file.
§ 165-47 Nontidal wetlands and streams.
[Amended 3-20-2023 by Ord. No. 811-23]
A.
Description of the area. Wetlands are defined as areas that have a predominance of hydric soils and that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and, under normal circumstances, do support, a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions.
B.
Special regulations. The applicant shall design proposed development in accordance with all pertinent state and federal regulations, including but not limited to those of the United States Army Corps of Engineers, the Fish and Wildlife Service, the Maryland Department of Environment, the State Department of Natural Resources (DNR) and Chapter 210, Floodplain Management, of the Bel Air Town Code. Design of the proposed development shall incorporate mitigation of impacts and protection of wetlands. A buffer of at least 25 feet, as required by the State Nontidal Wetlands Protection Act, shall be maintained in areas adjacent to wetlands, unless waived by the Maryland Department of Environment. The applicant shall prepare a delineation of wetlands and hydric soils in conformance with the latest edition of the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (or alternate method approved by the Zoning Administrator). Copies of the submission material shall be provided to the Maryland Department of Environment and the Town of Bel Air.
[Amended 4-3-2017 by Ord. No. 780-17]
C.
Seasonally flowing stream channels delineated on the Sensitive Areas Map in the currently adopted Comprehensive Plan shall be protected from adverse impact by development. A twenty-five-foot nondisturbance buffer measured from the top of stream bank is required for any new development. Redevelopment containing existing structures or paving within the buffer area shall not expand or change without approval from the Zoning Administrator. Mitigation including but not limited to planting, minor grading, and stabilization may be required to attenuate any adverse impact from development.
D.
A fifty-foot stream nondisturbance buffer for any stream within the limits of a special flood hazard area as measured from the top of stream bank is required for any new development. Redevelopment containing existing structures or paving within the buffer area shall not expand or change without approval from the Zoning Administrator. Mitigation including but not limited to planting, minor grading, and stabilization may be required to attenuate any adverse impact from development.
§ 165-48 Steep slopes.
A.
Steep slopes are defined as natural land areas in excess of 20% slope as measured over a ten-foot interval encompassing a minimum area of 20,000 square feet and identified on the Town of Bel Air Sensitive Areas Map. These areas shall be left undisturbed by development with any disturbance requiring approval by the Board of Appeals.
[Amended 4-3-2017 by Ord. No. 780-17]
B.
Special regulations. Proposed development shall be of extent, scale, and design appropriate for the soil, geologic and topographic conditions of the site. Development plans must indicate pre- and post-construction grades. Natural vegetation shall be maintained whenever possible, and revegetation and stabilization of the slope shall be required. Any development other than required infrastructure shall be prohibited on areas in excess of 25% slope.
§ 165-49 Rare and endangered species.
A.
Description of the area: any area previously or currently identified during site review and planning design as containing any rare and/or endangered species or habitat.
B.
Special regulations. The applicant shall consult the State Department of Natural Resources (DNR) Natural Heritage and Environmental Review to identify any valuable habitats on or in the vicinity of the project site. However, reliance solely on existing DNR information shall be considered an incomplete analysis. All findings in consultation with the DNR shall be submitted to the Town. Applicants shall fulfill all requirements of the DNR in protection of identified environmentally significant habitats and/or species and shall document fulfillment of the requirements to the satisfaction of the Town Department of Planning and Community Development and the Department of Public Works.
§ 165-50 Purpose and applicability.
A.
These regulations are applicable to all developments within the Town of Bel Air. The regulations are designed to preserve the environmental, aesthetic and functional values of the Town while improving services, creating more accessible land use patterns, reducing traffic congestion and improving mobility.
B.
Regulations governing parking and loading, landscaping and performance standards for specific uses are stipulated in this article. These regulations are intended to improve security, increase efficiency of parking facilities and to encourage alternative modes of travel to reduce traffic and parking issues.
§ 165-51 Parking and loading.
A.
Purpose. The purpose of this section is to ensure provision of adequate, safe, convenient, aesthetically pleasing parking facilities, while minimizing the negative visual impacts of parking, service and loading facilities. Further, these regulations are intended to achieve the following goals and objectives:
(1)
To regulate the number of required off-street parking spaces for the needs and safety of occupants, customers, visitors or others involved in use or occupancy of any building, structural improvement or place of assembly to eliminate the unnecessary use of the surface street system for parking purposes.
(2)
To support the state's smart growth goals by minimizing the area used for parking, thus minimizing runoff and other environmental impacts.
(3)
To provide shared parking options for different but compatible uses.
B.
Parking space required.
[Amended 4-3-2017 by Ord. No. 780-17]
(1)
A sufficient number of parking spaces to accommodate the number of vehicles that ordinarily are likely to be attracted to a specific use shall be provided in all zoning districts. Parking requirements are specified for particular uses in Subsection H of this section. Issuance of any building permits or use and occupancy certificates shall not be granted until a plot plan showing such off-street parking as is herein required is submitted and approved by the Zoning Administrator. The number of parking spaces required shall be based on the net or gross floor area as defined in Article XIV depending on the use.
(2)
Retail, institutional and service uses in the B-2 District which do not exceed a requirement 50 spaces per property are exempt from minimum parking requirements. All other uses must meet minimum requirements for parking.
[Amended 7-17-2023 by Ord. No. 813-23]
(3)
When determination of the number of parking spaces requires results in a fractional space, any fraction of 1/2 or less may be disregarded, while a fraction in excess of 1/2 shall be counted as one parking space.
(4)
The Town recognizes that the parking requirements contained herein cannot cover every possible situation that may arise. Therefore, in cases not specifically mentioned herein, the parking requirement most similar to the enumerated use shall apply. No building permit or use and occupancy certificate shall be issued until the parking need has been evaluated and requirements satisfied.
[Amended 7-17-2023 by Ord. No. 813-23]
(5)
Shared parking facilities may be permitted by the Planning Commission for different uses within an individual building or adjacent buildings or properties located within 500 feet of the subject property's boundaries based on a parking impact study provided by the developer(s) or owner(s) establishing that the estimated peak demand for parking required by the users will be satisfied due to differing hours of peak demand. If approved, a shared parking plan shall be enforced through written agreement.
[Amended 7-17-2023 by Ord. No. 813-23]
(a)
Agreement for shared parking plan. An attested copy of the agreement between the owners of the property providing parking, the entity utilizing the parking and the Town shall be submitted to the Zoning Administrator, who shall forward a copy to the Town Attorney for review. Proof of recordation of the agreement shall be presented to the Zoning Administrator prior to issuance of a certificate of occupancy. The agreement shall:
[1]
List the names and ownership interest of all parties to the agreement and contain the signatures of those parties;
[2]
Include a site plan showing the area of the parking parcel;
[3]
Describe the area of the parking parcel and designate and reserve it for shared parking unencumbered by any conditions which would interfere with its use;
[4]
Agree and expressly declare the intent for the covenant to run with the land and bind all parties and all successors in interest to the covenant;
[5]
Ensure the continued availability of the spaces for joint use and provide assurance that all spaces will be usable to all participating uses;
[6]
Describe the obligations of each party, including the maintenance responsibility for the parking area and any open space.
[7]
Incorporate the parking impact study by reference; and
[8]
Describe the method by which the covenant shall, if necessary, be revised.
(b)
Change in use. Should any of the shared parking uses be changed, or should the Zoning Administrator find that any of the conditions described in the approved parking impact study or agreement no longer exist, the owner shall have the option of submitting a revised parking impact study and an amended shared parking agreement in accordance with the standards of this subsection, providing the number of spaces required for each use as if computed separately or paying the parking fee-in-lieu costs, if applicable.
(c)
Revocation of permits. Failure to comply with the shared parking provisions of this subsection shall constitute a violation of this Code and shall specifically be cause for revocation of a certificate of occupancy.
(6)
Accessory uses to an existing permitted use that are seasonal in nature and do not operate for more than six months of the year are not required to provide parking provided they do not exceed 75% of the capacity of the principal permitted use.
[Amended 7-17-2023 by Ord. No. 813-23]
C.
Flexibility.
[Amended 7-17-2023 by Ord. No. 813-23]
(1)
Satellite parking. Satellite or off-site parking for any use, excluding fifty-five-and-over housing uses, may be provided through a recorded easement or an agreement between the owners of the property providing parking, the entity utilizing the parking and the Town. If the parking is shared with another use, it must meet requirements specified in Subsection B(5) of this section. Satellite or off-site parking may be permitted at a site not greater than 500 feet from the property boundaries of that use if the Planning Commission finds that the proposed parking area is easily accessible to the proposed development and includes a safe, accessible pedestrian connection. Any parking space dedicated to an off-site use must have adequate signage at the use generating parking and at the parking location. For residential uses, a minimum of one space must be provided on-site or adjoining the site.
(2)
Fee in lieu of on-site parking.
(a)
The Planning Commission may permit fulfillment of all or part of the parking requirement in the B-2 Central Business District to be satisfied through the payment of a fee in lieu of on-site parking, a fifteen-year renewable parking lease agreement or a combination of these alternatives when on-site parking is impractical due to site conditions and it is determined that public parking facilities are located within 500 feet of the property boundaries and that such parking facilities are easily accessible and include a safe, accessible pedestrian connection. Appropriate signs indicating the location of off-site parking shall be posted at the property generating parking. Fees shall be determined by statute based upon a per-space cost. Parking fee-in-lieu payments shall be used for development of parking facilities through the Town's Parking Enterprise Fund.
(b)
A fee in lieu of on-site parking spaces, a fifteen-year renewable lease agreement or a combination of these alternatives may be provided by an applicant in the B-2A Central Business Gateway District or the B-3A General Business Gateway District with approval of the Planning Commission in situations where the application of the parking regulations would be undesirable or impractical and it is determined that public parking facilities are located within 500 feet of the property boundaries and that such parking facilities are easily accessible to the proposed development and include a safe, accessible pedestrian connection. The alternative parking provisions shall not exceed 50% of the required on-site parking.
(c)
This subsection shall not apply to applications for alterations, repairs or renovations, but shall apply to new buildings, replacement buildings and expansions. For expansions, only the expansion area shall be considered in calculating parking requirements.
(3)
Parking and loading space reduction. Upon receipt of an application for a parking or loading space waiver, a public hearing shall be scheduled before the Board of Appeals. A waiver or reduction of the parking and loading requirements in any district may be permitted by the Board of Appeals whenever the character or use of the building is such as to make full provision of the specific parking and loading requirements unnecessary, or where adequate community loading facilities are provided on site, or where, due to problems of access or to the size of the lot, the provision of the required loading spaces is impractical.
(a)
In permitting such a waiver for new construction, the Board of Appeals must find the following:
(b)
In permitting such a waiver for existing buildings, the Board of Appeals must find the following:
[1]
Proposed new use of the building would normally require fewer parking spaces than the prior use;
[2]
The reduced number of parking spaces will be adequate to accommodate the proposed use; and
[3]
Any such reduction in required parking spaces shall be restricted to such proposed new use only and shall not operate to permit a later occupancy of such building if the use is substantially changed or enlarged, unless approved by the Board of Appeals.
(c)
In permitting mixed-use development, the Board of Appeals may reduce the cumulative parking space requirements after reviewing a parking impact study. The Board of Appeals must find the following:
(d)
A copy of the Board of Appeals decision on any approved parking and loading space reduction shall be attached to the building permit and/or any certificate of occupancy permit.
D.
Parking space dimensions. Each off-street parking space shall measure nine feet in width by 18 feet in length. Parallel spaces shall measure eight feet in width by 20 feet in length. Accessible parking spaces shall meet the Americans With Disabilities Act (ADA)[1] requirements. Structured parking spaces shall be 8 1/2 feet in width and 18 feet in length.
[Amended 4-3-2017 by Ord. No. 780-17; 7-17-2023 by Ord. No. 813-23]
E.
Required aisle and driveway widths.
(1)
Parking area aisle widths shall conform to the following table, which varies the minimum width requirement according to the angle of parking:
[Amended 4-3-2017 by Ord. No. 780-17]
Parking Angle | ||||
|---|---|---|---|---|
Aisle Width (feet) | 0° | 45° | 60° | 90° |
One-way traffic | 12 | 15 | 18 | 21 |
Two-way traffic | 20 | 20 | 22 | 24 |
(2)
Driveway access to a parking area shall not be less than 12 feet in width for one-way traffic and 18 feet in width for two-way traffic, except that twelve-foot-wide driveways are permissible for two-way traffic when sufficient turning space is provided so that vehicles need not back into a public street (as determined by the Director of Public Works).
[Amended 4-3-2017 by Ord. No. 780-17]
(3)
Access shall be a minimum of 30 feet from any intersection.
(4)
Curb cuts should be eliminated or minimized to the greatest extent possible through shared driveways with adjacent property.
F.
Parking lot/driveway design, construction and maintenance.
(1)
General requirements.
(a)
Unless no other practicable alternative is available, as determined by the Director of Public Works and the Zoning Administrator, vehicle accommodation areas shall be designed so that vehicles may exit such areas without backing onto a public street. This requirement does not apply to parking areas consisting of driveways that serve one or two dwelling units, although backing onto arterial streets is discouraged.
(b)
Vehicle accommodation areas of all developments shall be designed so that sanitation, emergency, and other public service vehicles can serve such developments without the necessity of backing unreasonable distances or making other dangerous or hazardous turning movements.
(c)
Every vehicle accommodation area shall be designed so that vehicles cannot extend beyond the perimeter of such area onto adjacent properties or public rights-of-way. Such areas shall also be designed so that vehicles do not extend over sidewalks or tend to bump against or damage any wall, vegetation, or other obstruction. Bumper blocks or other means may be required to ensure this provision.
(d)
Parking lots with 15 or fewer spaces may be constructed of approved stone, pavers or a similar pervious surface, subject to review and recommendation of the Director of Public Works and Planning Commission approval.
[Amended 4-3-2017 by Ord. No. 780-17]
(e)
Access to parking areas shall be designed so as not to obstruct free flow of traffic. Parking lot grade shall not exceed a five-percent slope and grade for all driveways and access shall not exceed 10% subject to review of the Director of Public Works. There shall be adequate provision for ingress to and egress from all parking spaces to ensure ease of mobility, ample clearance and safety of vehicles and pedestrians. The stacking of parking spaces may be approved in certain circumstances by the Planning Commission if the applicant can demonstrate that there will be no adverse impact on the use and circulation pattern of the parking area.
[Amended 4-2-2018 by Ord. No. 783-18]
(f)
Parking areas shall be suitably landscaped to minimize glare and other nuisance characteristics, as well as to improve the environment of the site and surrounding area. Large parking lots shall be broken into sections as appropriate for the type and size of the development. Sections shall be separated by landscaped dividing strips, berms and similar elements. Specific landscape and buffer requirements for parking areas are delineated in Article VIII.
(g)
Any parking area required herein shall be continually maintained in good serviceable condition with striping clearly visible so as to be safe, attractive and free of any hazard, nuisance or other unsafe condition. Commercial parking areas shall be maintained to ensure customer safety. All potholes or similar hazards shall be repaired promptly upon written notification by the Town. In no case shall such conditions exist for more than 30 days.
(h)
Parking of vehicles in areas other than a driveway, garage, parking pad, parking lot or other Town-approved parking area shall be prohibited. Further, the parking of vehicles or trailers on any grass or pervious area in any yard area shall be prohibited unless part of an approved site plan.
[2]
Editor's Note: This ordinance also repealed former Subsection F(1)(i), which immediately followed this subsection and provided that no more than 25% of the front yard area on the collector road shall be used for drives, and redesignated former Subsection F(1)(j) and (k) as Subsection F(1)(i) and (j), respectively.
(i)
Parking and vehicular access shall be clearly identified. A plan indicating proposed traffic-calming devices, such as speed limits, parking area signage and speed humps, shall be included on the site plan to be submitted for review and approval.
(j)
Vehicular access shall be from the side streets, where possible, provided that traffic is not directed through an abutting residential district. Traffic mitigation measures designed to minimize or eliminate negative impacts of traffic movement shall be used wherever possible.[3]
[3]
Editor's Note: Former Subsection F(1)(k), regarding parking area lighting, was repealed 4-3-2017 by Ord. No. 780-17.
(k)
Bicycle parking facilities shall be provided for all parking areas designed for 25 or more vehicles. This shall include a minimum of one bicycle rack. The location and description of the rack shall be shown on the preliminary plan.
[Added 7-17-2023 by Ord. No. 813-23]
(l)
A space designated for drop-off, pick-up and parcel delivery may count as two required vehicle spaces with approval from the reviewing authority. These spaces cannot be substituted for loading/unloading requirements.
[Added 7-17-2023 by Ord. No. 813-23]
(m)
All parking lots shall be brought to minimum standards prior to issuance of a certificate of occupancy permit for any business use. Standards shall include, but not be limited to, buffer, landscaping, surface repairs, markings, curbing, bumper strips and safe pedestrian access, as required by the Zoning Administrator.
[Added 7-17-2023 by Ord. No. 813-23]
(2)
Residential district requirements.
(a)
In a residential district, driveways shall not exceed 20 feet in width, except in the R-O District, where driveways shall not exceed 24 feet in width.
(b)
The remaining required front yard area must be maintained in grass, ground cover or other landscape material.
(c)
No more than 25% of the front yard area on a collector road shall be impervious surface, and no more than 50% of the front yard area on local roads shall be impervious surface.
[Added 6-15-2020 by Ord. No. 795-20]
(3)
Nonresidential district requirements.
(a)
A parking management plan shall be submitted for all parking areas designed to accommodate 25 vehicles or more. This plan shall specify the proposed layout, circulation, signage, drainage, access, traffic arrows (if applicable), pedestrian walkways, loading/unloading, refuse/recycling service, lighting and internal and peripheral landscaping for the parking area. The plan is subject to review and approval or modification by the reviewing body.
[Amended 4-3-2017 by Ord. No. 780-17]
(b)
All commercial/service use parking areas shall provide a minimum of three parking spaces and all lots over 15 parking spaces be paved with a dust-free material and graded to accommodate proper surface water runoff and vehicle access. Alternative pervious paving surfaces are encouraged in all parking and services areas. Such surfaces are subject to Planning Commission approval. Where inconsistencies between this provision and the requirements of the Americans with Disabilities Act (ADA)[4] exist, ADA requirements shall apply.
[Amended 4-3-2017 by Ord. No. 780-17; 4-2-2018 by Ord. No. 783-18]
(c)
Nonresidential parking shall be set back from the established street right-of-way or alley line as outlined in Article VIII. In cases where a commercial or industrial parking lot adjoins an R District, the parking area shall be limited to the side and rear yard areas. A landscape buffer shall be provided between the parking area and the adjacent residential property that effectively screens the parking from the residential property.[5]
[Amended 11-25-2011 by Ord. No. 744-11; 4-3-2017 by Ord. No. 780-17]
[5]
Editor's Note: Former Subsection F(3)(d) and (3)(e), regarding bicycle parking facilities and minimum standards for commercial parking lots, which immediately followed, was repealed 7-17-2023 by Ord. No. 813-23.
G.
Restricted accessory parking area. The Board of Appeals may also authorize the establishment and operation of an off-street parking area in any R District that abuts a B or M District, or in any B District which does not permit the use located on the abutting property, subject to the following conditions and limitations:
[Amended 9-16-2019 by Ord. No. 792-19]
(1)
The parking lot shall be accessory to and for use of one or more businesses or industrial establishments located in the adjoining B or M District and existing at the time of adoption of this chapter.
(2)
It shall be required to serve the public interest by relieving traffic congestion in the streets on or near the premises in question by tending to reduce the amount of traffic or parking on residential streets or by tending to promote more safety for children or pedestrians.
(3)
The parking lot shall provide parking space for no more than 25 vehicles.
(4)
It shall be located on a lot which is adjacent to a B or M District.
(5)
No charge shall be made for parking or storage of vehicles.
(6)
Where possible, entrances and exits shall be located within the adjoining businesses or industrial district. Alternatively, the entrances and exits shall be located as far as practicable from adjacent residential properties.
(7)
The application shall be accompanied by the names and addresses of all property owners within 200 feet of the proposed lot in question, who shall be given the opportunity to be heard at a public hearing by the Board of Appeals in connection with the consideration of such application.
H.
Required off-street parking by use/activity. Unless otherwise noted, the basic measuring unit shall be the net square footage of the building.
[Amended 1-3-2011 by Ord. No. 738-10; 2-21-2012 by Ord. No. 748-12; 4-3-2017 by Ord. No. 780-17; 4-2-2018 by Ord. No. 783-18; 7-17-2023 by Ord. No. 813-23]
Use or Use Category | Spaces Required | ||
|---|---|---|---|
Amusement/entertainment | |||
Adult entertainment center | 1 per 200 gross square feet | ||
Amusement center and indoor recreation | 1 per 200 gross square feet | ||
Arena/stadium | 1 per 3 seats | ||
Bowling alley | 4 per lane | ||
Banquet facility | 1 per 3 persons permitted under the State Fire Code | ||
Ice/roller rink | 1 per 100 square feet | ||
Tavern, tavern with entertainment, microbrewery/winery/distillery | 1 per 3 persons permitted under the State Fire Code | ||
Theater | 1 per 3 persons permitted under the State Fire Code | ||
Industrial | |||
Industrial use (unless specified otherwise) | 1 per 400 square feet (or largest employee shift, whichever is greater) | ||
Fuel storage facility | 1 per 800 square feet | ||
Warehouse | 1 per employee (at largest shift) and 1 per 300 square feet office | ||
Institutional | |||
Civic organization, country club and community center | 1 per 3 persons permitted by the State Fire Code | ||
Convent | 1 per 2 beds (minimum of 2) | ||
Day care, group | 2 per 6 clients | ||
Dormitory | 1 per 4 beds (high school), 1 per 2 beds (college) | ||
Fire station | 1 per 250 square feet | ||
Hospital | 1 per 2 beds | ||
House of worship | 1 per 4 persons permitted by the State Fire Code permitted in main assembly hall | ||
Library | 1 per 400 square feet | ||
Nursing home, assisted living | 1 per 3 beds, plus additional spaces as determined by the Board of Appeals based on parking impact study | ||
Post office | 1 per 400 square feet | ||
Prison | 1 per 2 employees, plus public spaces as determined by the Board of Appeals based on parking impact study | ||
School | |||
Elementary/middle school | 1 per 10 seats in main assembly room or 1 per 10 classroom seats, whichever is greater | ||
High school | 1 per 5 seats in main auditorium or 1 per 8 classroom seats, whichever is greater | ||
College, university | 1 per 3 students | ||
All other school uses | 1 per 3 persons permitted by State Fire Code | ||
Natural resources | |||
Agricultural products processing | 1 per 800 gross square feet | ||
Greenhouse/nursery, commercial | 1 per 400 gross square feet | ||
Residential | |||
Bed-and-breakfast | 1 per bed, plus 1 per owner/manager | ||
Boardinghouse | 1 per 2 beds (minimum of 2) | ||
Community shelter | 1 per 2 beds (minimum of 2) | ||
Group home/halfway house | 1 per 2 beds (minimum of 2) | ||
Multifamily | 1 per studio dwelling unit | ||
1.5 per 1-bedroom dwelling unit; | |||
2 per 2-bedroom dwelling unit; | |||
2.5 per 3-or-more-bedroom dwelling units | |||
55 and over dwelling units or affordable dwelling units | 1 per studio and 1-bedroom dwelling unit | ||
1.5 per 2-bedroom dwelling unit | |||
2 per 3-or-more-bedroom dwelling units | |||
Single-family detached, semidetached and two-family dwellings | 2 per dwelling unit | ||
Townhouse | 2.5 per dwelling unit (excluding garage space) | ||
Retail and service use | |||
Antique shop/art gallery/museum | 1 per 400 gross square feet | ||
Auction house | 1 per 6 seats or 1 per 400 square feet, whichever is greater | ||
Bank | 1 per 300 square feet, plus drive-through stacking space if applicable [See § 165-53I(2)(c).] | ||
Banquet facility | 1 per 3 persons permitted by the State Fire Code | ||
Beauty shop/barbershop | 1 per 200 gross square feet/or 2 per station, whichever is greater | ||
Bulk mail service | 1 per 200 square feet | ||
Business and personal service | 1 per 300 square feet (unless otherwise specified) | ||
Car wash and auto detailing | 1 per full-time equivalent employee plus drive-through stacking space if applicable [See 165-53I(2)(c).] | ||
Cleaners/laundromat | 1 per 200 square feet | ||
Convenience goods | 1 per 150 square feet | ||
Construction supply/service | 1 per 200 square feet for retail/office area; 1 per 800 square feet for storage area | ||
Feed and grain mill | 1 per 800 square feet | ||
Fitness center | 1 per 200 gross square feet | ||
Funeral home | 1 per 50 square feet (minimum of 30 spaces) | ||
Group service | 1 per 200 square feet | ||
Hotel | 1 per room, plus 1 per full-time equivalent employee | ||
Instructional service | 1 per 300 square feet | ||
Liquor store | 1 per 200 square feet | ||
Medical service or laboratory | 1 per 200 square feet | ||
Mini storage | 1 per employee and 1 per 300 square feet office | ||
Mixed use | Commercial based on shopping center use–residential use is calculated based on unit type | ||
Motion-picture distribution | 1 per 200 square feet | ||
Motor vehicle sales, service and/or storage | 1 per 300 square feet (minimum of 10) | ||
Outdoor dining/bar | 1 per 150 square feet or 1 per 3 seats, whichever is greater | ||
Pharmacy | 1 per 200 square feet | ||
Professional service | 1 per 300 square feet | ||
Restaurant | 1 per 3 patron seats or 1 per 100 square feet of net floor area, excluding food preparation and storage, whichever is greater, plus drive-through stacking spaces, if applicable [See § 165-53I(2)(l).] | ||
Retail use (unless specified otherwise) | 1 per 250 square feet | ||
Service use (unless specified otherwise) | 1 per 300 square feet | ||
Shopping center | |||
Under 400,000 square feet | 4 per 1,000 gross square feet | ||
400,000 square feet and above | 3.5 per 1,000 gross square feet | ||
Spa | 1 per 200 gross square feet | ||
Specialty food | 1 per 300 square feet | ||
Specialty shop | 1 per 300 square feet | ||
Veterinarian/veterinarian clinic/hospital | 1 per 200 square feet | ||
The Zoning Administrator shall establish requirements for any use not specified above based on the requirements of the most similar use cited above. | |||
I.
Loading areas. Whenever the normal operation of any commercial development requires that goods, merchandise, or equipment be routinely delivered to or shipped from that development, facilities shall be provided in accordance with the requirements specified below:
[Amended 4-3-2017 by Ord. No. 780-17; 7-17-2023 by Ord. No. 813-23]
(1)
The loading and unloading area must be of sufficient size to accommodate the numbers and types of vehicles that are likely to use this area, given the nature of the development in question. The following table indicates the minimum number and size of spaces that satisfy the standard set forth in this subsection. Retail uses, industrial uses and hospitals having a gross floor area of 6,000 square feet or more shall provide minimum off-street loading as follows:
[Amended 4-2-2018 by Ord. No. 783-18; 9-16-2019 by Ord. No. 792-19]
Gross Floor Area (square feet) | Number of Spaces |
|---|---|
6,000 to 24,999 | 1 |
25,000 to 79,999 | 2 |
For each additional 72,000 square feet, or fraction thereof, of gross floor area, one additional loading space shall be provided. | |
(2)
Every public assembly use, such as auditoriums, office buildings, funeral homes, restaurants, theaters and hotels of 30,000 square feet or more, shall provide off-street loading facilities as follows:
Gross Floor Area (square feet) | Number of Spaces |
|---|---|
30,000 to 119,999 | 1 |
120,000 to 197,999 | 2 |
For each additional 105,000 square feet, or fraction thereof, of gross floor area, one additional loading space shall be provided. | |
(3)
The minimum dimensions of each loading space shall be 12 feet by 45 feet, and an overhead clearance of 14 feet from street grade shall be required unless user or site requirements necessitate size adjustment as demonstrated by parking management plan and approved by Planning Commission.
(4)
Loading areas shall be so located and designed so that the vehicles intended to use them can:
(5)
No area allocated to loading facilities may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off-street parking area be used to satisfy the area requirements for loading facilities.
(6)
No loading area shall be located closer than 50 feet to any other lot in any R District unless wholly within a completely enclosed building or unless screened by a masonry wall. Such wall shall not be less than four feet nor more than 10 feet in height and shall be maintained in good condition without any advertising thereon. With the exception of a school use, the use of loading areas for loading and unloading of goods and materials in a residential district and within 500 feet of a residential use in a residential district shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. The Planning Commission may waive time limits based upon site characteristics, surrounding land use and mitigation measures.
[Amended 9-16-2019 by Ord. No. 792-19]
J.
Refuse and recycling.
[Added 4-3-2017 by Ord. No. 780-17]
(1)
Except for single-family residential uses, all refuse and recycling shall be stored in an enclosed area. Dumpster areas, loading bays and other service elements shall be screened from view. Debris and trash shall be removed from premises and lots shall be cleared regularly.
(2)
With the exception of a school use, refuse or recycling removal, compaction or other similar operations shall not be permitted between the hours of 10:00 p.m. and 7:00 a.m. in a residential district and within 500 feet of a residential use located in a residential district. The Planning Commission may waive time limits based upon site characteristics, surrounding land use and mitigation measures.
[Amended 4-2-2018 by Ord. No. 783-18; 9-16-2019 by Ord. No. 792-19]
(3)
All enclosures shall completely screen the container, provide for an operable gate to be closed when not in use and allow for separate human access for loading. Enclosures should match the materials or color of the principal structure.
(4)
Access to refuse and recycling may not obstruct or interfere with any public right-of-way parking space or pedestrian access.
(5)
Containers for recycling collections may be placed within existing parking areas provided no more than one per parking area is installed.
[Amended 7-17-2023 by Ord. No. 813-23]
K.
Exterior lighting.
[Added 4-3-2017 by Ord. No. 780-17]
(1)
A lighting plan indicating illumination measured in footcandles shall be submitted to the Director of Planning at the time of preliminary site plan submission for review and approval. A site that is adjacent to a residential use shall restrict exterior lighting to minimize glare and ambient light on the adjoining property.
(2)
Measurement of proposed lighting shall adhere to the standards of the Illuminating Engineering Society (IES) for the proposed use.
(3)
Fixture style, layout and height shall complement the building design, parking lot layout, traffic circulation and be compatible with the scale of adjacent properties.
(4)
Lighting for safety shall be provided at intersections, along walkways, at entryways, between buildings and in parking areas.
(5)
Spacing of standards shall be equal to approximately four times pole height.
(6)
The maximum height of fixtures shall not exceed 25 feet or the limit outlined in the district or use regulations, whichever is less. The Planning Commission may restrict pole height and require measures to mitigate glare when lighting is located near existing residences or residentially zoned property.
[Amended 4-2-2018 by Ord. No. 783-18]
(7)
Spotlights, if used, shall be placed so as not to create a hazard or impact nearby residents or motorists.
§ 165-52 Open space and recreation.
[Amended 4-3-2017 by Ord. No. 780-17; 4-2-2018 by Ord. No. 783-18; 7-17-2023 by Ord. No. 813-23; 6-3-2024 by Ord. No. 826-24]
Residential subdivision or site developments in Bel Air shall be required to provide open space and to dedicate land necessary for completion of the pedestrian trail network adjacent to newly developed properties as described in Articles IV and V of the Town of Bel Air Comprehensive Plan. Developed or active open space shall be designed to provide active recreational facilities to serve the residents of the development. Undeveloped or passive open space shall be designed to preserve important site amenities and environmentally sensitive areas.
A.
Minimum requirements.
(1)
Amount of open space required. A minimum of 15% of the project area shall be set aside for total (active or passive) open space.
(2)
Size of open space parcels. To qualify as part of required open space, areas shall be lawn, landscape or natural vegetation with a minimum of 500 square feet and have a width of no less than 10 feet. Active open space shall be a minimum of 40% of the required total open space area. This open space area shall be usable for active recreation, such as swimming pools, tennis courts, tot-lots, outdoor racquet courts, par courses, hike/bike trails, ball fields and other similar activities. Water bodies shall not exceed 15% of the required open space area. Active recreation space shall be dry, reasonably flat and accessible. The land shall not exceed a grade of 3%. Land must be configured to provide adequate space for active recreation facilities, as determined necessary by the Planning Commission.
(3)
Location of open space parcels.
(a)
Active open space.
[1]
The Planning Commission may require the installation of recreational facilities, taking into consideration:
[2]
The Planning Commission shall determine specific open space and/or recreation requirements based upon needs as assessed by the Town of Bel Air Comprehensive Plan.
[3]
Accessibility; open space. Recreation sites must be accessible in terms of safety, as well as distance traveled by users.
(b)
Passive open space. As a general principle, undeveloped open space should be left in its natural state. A developer may make certain improvements, such as the cutting of trails for walking or jogging, or the provision of picnic areas, etc. In addition, the Planning Commission may require a developer to make other improvements, including but not limited to removing dead or diseased trees, thinning trees or other vegetation to encourage more desirable growth and grading and seeding.
B.
Maintenance and ownership. Open space and recreation facilities shall include provisions for maintenance and ownership as stipulated in Part 4, § 165-118E(2), of the Town of Bel Air Development Regulations. Should use or ownership of property upon which the open space is located change, open space requirements shall be reevaluated.
C.
Fee in lieu of open space.
(1)
In the B-2 Zoning District, the Planning Commission may permit the open space requirements to be satisfied through the payment of a fee in lieu of on-site open space areas when provision of on-site open space is impractical due to site conditions. Fees shall be determined at a rate of 110% of the State Department of Assessment and Taxation land value on the applicable property and acreage which would otherwise be required.
(2)
In the B-2A, B-3 and B-3A Zoning Districts, the Planning Commission may permit the open space requirements to be satisfied through the payment of a fee in lieu of on-site open space areas to a maximum of 35% of the total required when provision of on-site open space is impractical due to site conditions. Fees shall be determined at a rate of 150% of the State Department of Assessment and Taxation land value on the applicable property and acreage which would otherwise be required.
(3)
R-1, R-2, R-3, R-O, B-1 and M-1 are not eligible for fee-in-lieu of open space.
(4)
Open space fee-in-lieu payments shall be used for development of recreational space/facilities through the Town Open Space Fund. If not used within 15 years for acquisition and/or development of passive or active open space, the funds shall be rebated to the property owner.
§ 165-53 Performance standards and development guidelines by use.
[Amended 5-2-2011 by Ord. No. 741-11; 11-25-2011 by Ord. No. 744-11; 2-21-2012 by Ord. No. 748-12; 10-1-2012 by Ord. No. 754-12; 4-1-2013 by Ord. No. 759-13; 4-3-2017 by Ord. No. 780-17; 4-2-2018 by Ord. No. 783-18; 9-16-2019 by Ord. No. 792-19; 7-17-2023 by Ord. No. 813-23; 3-3-2025 by Ord. No. 839-25; 6-2-2025 by Ord. No. 841-25; 6-30-2025 by Ord. No. 842-25; 9-15-2025 by Ord. No. 846-25]
A.
Purpose.
(1)
The following standards and guidelines are intended to implement the purpose of the Town's zoning districts as noted in Article III of this Part 2, to promote quality development, to add consistency and predictability to the permit review process, and to reinforce the Town Comprehensive Plan land use goals and objectives. This section not only specifies the performance standards required for the specific uses but also includes guidelines intended to articulate the community's goals and objectives for new development and redevelopment.
(2)
All performance standards and guidelines must be addressed by an applicant. The performance standards are mandatory for special exception uses and offer relatively little flexibility, unless choices are provided within the statement itself. A variance may be obtained for a special development performance standard, but not for special exception uses. The guidelines are meant to be applied, but with some flexibility. The Town will consider design or development features that are equal to or better than that stated, so long as the intent is satisfied. The applicant assumes the burden of proof to demonstrate how a proposal meets this test, and determination will be made by the reviewing body.
B.
General performance standards and development guidelines by use.
(1)
The following performance standards and guidelines apply in all districts:
(a)
Where not explicitly addressed as a condition of use approval, the integration of pedestrian sidewalks and pedestrian-friendly design shall be required in any application for development.
(b)
The applicant shall provide written confirmation that the proposed use will conform to all requirements of applicable federal, state and local reviewing agencies and will be operated in strict compliance with laws and regulations applicable to the use.
(c)
The proposed site shall be of sufficient size to accommodate the use without adversely affecting adjacent land uses.
(d)
Pedestrian areas shall be protected with landscaping and curbs that are integrated into the overall site design.
(e)
Building entrances shall be linked to sidewalks and parking areas by means of a safe and convenient well-lit walkway system.
(f)
The applicant shall demonstrate that the use will be safe and will not create a nuisance due to traffic, noise, etc., or create adverse impacts on the use or development of the surrounding properties due to noise, odor, traffic or lights. The use shall not adversely affect the use of other property in the immediate neighborhood.
(g)
The applicant shall identify all proposed noise-generating uses or design elements and specify how noise levels will be mitigated.
(h)
The subject property shall have frontage on, and direct vehicular access to, an existing street with sufficient capacity to accommodate the type and amount of traffic generated by the requested use. Vehicular access shall not be by means of streets internal to residential subdivisions. The reviewing agency may require a traffic impact study.
(i)
Proposed development adjoining historic structures or sites shall be compatible in color, size, material and mass with such historic properties.
(j)
Buildings shall be architecturally compatible in quality, texture, finish, size, shape, style, rooflines and like materials. All sides of the use shall have the same architectural features or shall be architecturally compatible with the building group or neighborhood with which it is associated.
(k)
Rooftop mechanical equipment shall be screened from public view.
(l)
Fences and retaining walls shall be designed to be consistent in materials and quality to that of the building and the adjacent properties.
(n)
Any part of a lot not used for buildings, other structures or paved for off-street parking, drive aisles, loading, maneuvering, and pedestrian walks or permitted outside storage shall be landscaped and properly maintained.
(o)
All use setbacks and separations are from property line to property line unless otherwise specified.
(2)
Guidelines.
C.
Use category performance standards and guidelines: amusement/entertainment. All amusement/entertainment uses are subject to performance standards and guidelines. These shall be addressed as specified in Subsections A and B of this section and as listed below:
(1)
Performance standards.
(a)
The applicant shall identify any hazardous materials or explosive materials that may be stored on site and describe measures to be taken to ensure public safety.
(2)
In addition, specific amusement/entertainment uses listed below shall be subject to the following:
(a)
Adult entertainment center.
[1]
Performance standards.
[a]
No lot on which such establishment is located shall be located within 1,000 feet of the property line of any institutional or residential use.
[b]
The merchandise shall be arranged to ensure that no merchandise depicting, describing, showing or relating to sexual conduct, sexual excitement, sadomasochistic abuse or human genitalia is visible from the outside of the establishment.
[c]
No use on which such an establishment is located shall be located within 1,000 feet of an existing adult entertainment center.
[d]
The hours of operation shall not include any time periods between 10:00 p.m. and 10:00 a.m.
(b)
Amusement center and indoor recreation facility.
[1]
Performance standards.
[a]
Amusement center uses shall not be located closer than 300 feet to any school building, exclusive of temporary structures. Such use shall not be located within 100 feet of any adjoining property which is in an R District except when located in a shopping center.
[b]
Such use shall be established only after approval by the Planning Commission of a plan setting forth acceptable rules for the operation of the establishment. Such plan shall specify procedures to preclude gambling and loitering, regulations regarding the use of the establishment by school-age children, and procedures for the enforcement of the rules.
(d)
Shooting range, indoor.
[1]
Performance standards.
[a]
An indoor shooting range building shall not be located closer than 300 feet to any school, church, or childcare building, exclusive of temporary structures. Such use shall not be located within 100 feet of any adjoining property which is in an R District.
[b]
The sale, consumption or possession of alcoholic beverages and other controlled substances on the premises is prohibited.
[c]
The range must be constructed in such a manner as to eliminate danger to persons or property from escaping projectiles.
[d]
Such use shall be established only after approval by the Board of Appeals of a detailed plan submitted by the applicant setting forth acceptable rules for the operation of the establishment. Such plan shall specify measures related to security, safety, noise, storage of firearms/ammunition, and environmental impacts.
[2]
Guidelines.
[a]
The Board of Appeals may impose such conditions and restrictions as it deems necessary to ensure that the use will be compatible with and will not adversely impact adjacent properties and the public. Such conditions and restrictions may include, but need not be limited to, the following:
(e)
Fortune telling.
[2]
Guidelines.
[a]
The Board of Appeals or reviewing agency shall impose such conditions and restrictions as it may deem necessary to ensure that the use is compatible with and will not adversely impact the adjacent area. Such conditions and restrictions may include, but not be limited to the following:
(f)
Smoking lounge.
[1]
Performance standards.
[a]
No such use shall be located within 1,000 feet of a school property line or 100 feet of a residential use.
(g)
Tavern, tavern with entertainment and microbrewery/winery/distillery.
[1]
Performance standards.
[a]
Tavern with entertainment shall not be located closer than 300 feet from any school building. Special exception review is required for a tavern or a microbrewery/winery/distillery located within 300 feet of a school building.
[b]
All structures wherein entertainment is located must be adequately insulated for sound. All doors and windows must be closed when entertainment is provided during the hours of 9:00 p.m. to 9:00 a.m.
[2]
Guidelines.
[a]
The Board of Appeals or reviewing agency shall impose such conditions and restrictions as it may deem necessary to ensure that the use will be compatible with and will not adversely impact the adjacent area. Such conditions and restrictions may include, but need not be limited to, the following:
[i]
Number of security attendants required to be on the premises at all times.
[ii]
Hours of operation.
[iii]
Size of establishment including area dedicated to bar, restaurant, stage and dance floor, etc.
[iv]
Plan for clearing trash/debris from site and adjacent properties.
[v]
Use of outdoor portion of property must address standard in § 165-53I(2).
[vi]
Alternative parking and service provisions.
D.
Use category performance standards and guidelines: industrial uses. All industrial uses are subject to performance standards and guidelines. These shall be addressed as specified in Subsections A and B of this section and as listed below:
(1)
Performance standards for light industrial to include electronics supply and services, greenhouse/nursery, medical equipment and supply, printing and publishing and secondary manufacturing.
(a)
All manufacturing operations (except for permitted outdoor storage) shall be located in a wholly enclosed building unless specifically authorized by the Planning Commission.
(b)
The release, disposal, or storage of waste materials shall not be visible from off site. All trash and refuse shall be stored in a self-contained/enclosed storage area.
(c)
There shall be no outdoor storage of the finished product unless such storage is authorized by the Planning Commission. Bulk storage of the finished product in a wholly enclosed building shall be considered an accessory use.
(d)
Raw materials, waste products, and other by-products associated with the process shall be identified by the applicant prior to approval.
(e)
Outdoor storage of raw materials, waste products, and other by-products may be permitted. The outdoor storage area shall be effectively screened by opaque fencing, screening or landscaping. The height of the stored materials shall not exceed the height of the screening. The general location, type and extent of all proposed storage screening shall be shown on the site plan. Unsafe storage of waste or hazardous material that creates a pollution threat or fire hazard or is an attraction to rodents or insects is not permitted.
(f)
The hours of operation shall be specified.
(g)
Provisions shall be made for the control of noxious and offensive odors, air pollution, water quality, and noise generated by the proposed use.
(2)
Performance standards for heavy industrial to include agricultural products and processing, construction supply and services, fuel storage, feed and grain mill, primary manufacturing, vehicle and equipment storage and warehousing:
(a)
The performance standards and guidelines for light industrial, § 165-53D(1), shall apply to heavy industrial.
(b)
A traffic impact study shall be submitted for review.
(c)
Exterior lighting shall provide for a reduction in intensity between the hours of 10:00 p.m. and 7:00 a.m. as required by the reviewing authority.
(4)
In addition, specific industrial uses listed below shall be subject to the following:
E.
Use category performance standards and guidelines: institutional uses. All institutional uses, except parks and recreation areas, are subject to performance standards and guidelines. These shall be addressed as specified in Subsections A and B of this section and as listed below:
(1)
Performance standards.
(a)
The project shall be designed to provide a transition near the periphery of the site, either with open space areas and landscaping, or by designing the buildings near the periphery to be harmonious in density and type with the surrounding neighborhood.
(b)
Institutional establishments adjacent to an existing residential use shall meet the following standards:
[1]
Operating refrigeration trucks is prohibited from parking areas adjacent to residential districts between 10:00 p.m. and 7:00 a.m., unless operated on the street side of the establishment.
(2)
Guidelines.
(a)
The applicant should provide a written explanation of the character of the facility, the program's policies, goals, means proposed to accomplish these goals, characteristics of the service population and number of Town/county residents to be served, operating methods and procedures, and other aspects pertinent to the facility's program and how the facility will impact the neighborhood.
(b)
The reviewing agency/body may require a parking impact study if deemed necessary to ensure the adequacy of the proposed number of parking spaces.
(3)
In addition, specific institutional uses listed below shall be subject to the following:
(a)
(b)
Civic organization and country club.
[1]
Performance standards.
[a]
The facility shall be under the control and direction of a duly constituted governing body or entity.
[b]
All doors and windows must be closed when entertainment is provided during the hours of 9:00 p.m. and 9:00 a.m.
[c]
All areas of recreation and entertainment must be screened from adjacent property and public right-of-way.
(d)
Day care, group.
[1]
Performance standards.
[a]
The Board of Appeals or reviewing agency may prescribe specific conditions determined necessary to minimize effects of use on neighboring properties given identification of concerns specific to a particular site.
[b]
In the case of child day care, the applicant shall provide 150 square feet of usable outdoor recreation area for each child that may use this space at any one time. Such usable outdoor recreation area shall be identified on the site plan and shall be sufficiently buffered from adjacent residential areas. Usable outdoor recreation areas shall be limited to the side and rear yard of the property. Recreational areas shall not include the required front yard of the property or any off-street parking areas.
[c]
All such uses shall be located so as to permit the safe pickup and delivery of all persons on this site.
(e)
Dormitory.
[1]
Performance standards.
[a]
An educational institution must be affiliated or owner of the facility. Use may be considered as accessory if located on the school campus.
[b]
Adult staff shall be on the premises 24 hours per day.
[c]
Kitchens or cooking equipment are prohibited in the individual dormitory rooms.
[d]
An operable fire alarm is required on all floors and sprinklers in all units.
[e]
Parking is prohibited in the front yard.
(f)
Fire station.
[1]
Performance standards.
[a]
The applicant shall make provisions to ensure safety in the area surrounding the facility, which may include additional traffic control devices, i.e., signal lights, signs, pavement painting. Adequate area for operation of all equipment shall be provided. Adequacy standards shall include, but not be limited to, turning radii necessary for emergency equipment and/or paving type for particular equipment.
[b]
Environmental considerations shall be addressed fully. This shall include minimizing noise of the facility, minimizing impact of lighting upon adjacent properties, and screening parking areas and equipment storage areas from adjacent uses as determined necessary by the Board of Appeals.
(g)
Hospital.
[1]
Performance standards.
[a]
All structures shall be located at least 200 feet from any adjacent residence.
[b]
All parking areas shall be located at least 50 feet from any adjacent residential lot.
[c]
A minimum of 25% of the gross site area shall be open space. The open space shall be generally continuous, accessible to the residents of the neighborhood and protective of natural features.
[d]
Any helipad associated with the hospital use shall be located at least 200 feet from any adjacent residential property.
(h)
Houses of worship.
[1]
Performance standards.
[a]
Building(s) shall be designed to ensure safe vehicular and pedestrian circulation. A traffic study may be required by the reviewing agency.
[2]
Guidelines.
[a]
A structure used primarily for religious activities may be erected to a greater height than permitted in the district in which it is located, provided that the front, side and rear setbacks shall be increased one foot for each foot by which such structure exceeds the height limitation.
(i)
Assisted living.
[1]
Performance standards.
[a]
Parking and loading shall be provided at the rear of the site.
[b]
Adequate access to medical services, shopping areas, recreational and other community services often desired by elderly and handicapped persons shall be available to residents or provided on the site for residents.
[c]
Business uses which may be permitted as accessory uses shall be integrated with the dwelling units and oriented towards the interior of the project. No exterior signs or other evidence of business facilities shall be visible from the periphery of the site.
(j)
Recycling or reuse center.
[1]
Performance standards.
[a]
The applicant shall fully describe the proposed use to the satisfaction of the Board of Appeals and shall establish that the use will not cause interference with pedestrian or vehicular traffic.
[b]
The description shall include the operating schedule of the center and the number of attendants available at each shift operated by the center.
[c]
The applicant shall specify the method for material storage, removal of trash and debris and shall describe how this will be accomplished.
(k)
Nursing home.
[1]
Performance standards.
[a]
Adequate access to medical services, shopping areas, recreational and other community services often desired by elderly and handicapped persons shall be available to residents or provided on the site for residents.
[b]
All parking areas shall be located at least 50 feet from any adjacent residential lot.
[c]
A minimum of 25% of the gross site area shall be open space. The open space shall be generally continuous, accessible to the residents and protective of natural features.
[d]
Open space areas, recreational facilities and other accessory facilities shall be developed in each phase of development to meet the needs of the residents. The developer shall provide a schedule for the installation of facilities at the time the special exception is approved.
(l)
Park and recreation area.
[1]
Performance standards.
[a]
A plan of proposed use shall be submitted to the Planning Commission for review and comment.
[b]
No structure associated with the use shall be located closer than 50 feet to any residential lot line.
[c]
The park shall have adequate frontage on a public street of sufficient capacity to provide safe access and convey anticipated traffic.
[2]
Guidelines.
[a]
Special consideration shall be given to traffic safety. Protective methods may be required, including fencing along roadways, and/or additional requirements to ensure the adequacy of sight distance for the particular use.
[b]
Taking into account safety, noise, dust, glare, and traffic factors, the Planning Commission may prescribe additional conditions to ensure compatibility with adjacent uses.
(m)
School, college, university.
[1]
Performance standards.
[a]
If the school offers general academic instruction below college level, an outdoor play area (or other outdoor activity area) shall be required which shall meet minimum state requirements for such outdoor play area. The area shall be located at least 25 feet from any adjoining residential lot.
[2]
Guidelines.
[a]
The Board of Appeals may specify the maximum number of students to be enrolled. "Enrollment" shall mean the total number of students enrolled at any one time. If there are separate morning, afternoon and evening sessions, each one of which is attended by different students, "enrollment" shall mean the number of students enrolled in the session having the largest number of students.
F.
Use category performance standards and guidelines: natural resource uses. All natural resource uses are subject to performance standards and guidelines. These shall be addressed as specified in Subsections A and B of this section and as listed below:
(1)
Performance standards.
(a)
The release, disposal, or storage of waste materials shall not be visible from off site. All trash and refuse shall be stored in a self-contained/enclosed storage area.
(b)
There shall be no outdoor storage of the finished product. Bulk storage of the finished product in a wholly enclosed building shall be considered an accessory use.
(c)
Raw materials, waste products, and other by-products associated with the process shall be identified by the applicant prior to approval. Outdoor storage of raw materials, waste products, and other by-products may be permitted. The outdoor storage area shall be effectively screened from any adjacent land in any residential zone or land proposed to be used for residential purposes. The general location, type and extent of all proposed screening shall be shown on the site plan.
(d)
An impact statement shall be submitted, explaining:
[1]
The proposed architectural design (graphic or narrative) of all buildings and structures.
[2]
The scope of the operation.
[3]
The proposed hours of operation.
[4]
The provisions to be made for the control of noxious and offensive odors.
[5]
The air pollution, water quality and noise control measures to be taken.
[6]
The type and amount of traffic expected to be generated.
[7]
The compatibility of the use with the surrounding areas.
(e)
All proposed accessory uses shall be identified, and the maximum square footage allotted for each use shall be indicated on the site plan.
(2)
In addition, specific natural resource uses listed below shall be subject to the following:
(a)
Mining and mineral extraction.
[1]
Performance standards.
[a]
All mining and mineral extraction operations shall be reviewed by the Planning Commission.
[b]
The applicant shall demonstrate that the proposed extraction will not have an adverse impact on the nearby property owners. In determining the impact on property owners, the Planning Commission shall consider the following: dust, noise, vibration, traffic generation, odor and fumes.
[c]
The applicant shall be responsible for restoring the area with a minimum of two inches of topsoil. A plan for such restoration shall be submitted to the Director of Public Works for approval prior to any mining or extraction operation.
[d]
Exposed land shall have a slope not greater than 3:1. A grading plan shall be submitted with the site plan, showing existing and proposed ground elevations on the site, adjacent land, and all abutting streets.
[e]
A traffic analysis shall be required as part of the Planning Commission application, which shall include the following:
[i]
Expected volume of traffic generated by the operation;
[ii]
Streets to be used to access the site;
[iii]
Identification of driveways or access points located so as not to endanger pedestrians or create traffic hazards; and
[iv]
Identification of material used in construction of the driveway or access.
[f]
All operations shall be screened, including outdoor storage of machinery and equipment, from adjacent land or streets. The Planning Commission shall consider use of techniques for noise attenuation in reviewing applications.
[g]
The site plan shall include an estimate of the time required for the removal of the material and return of the site to a condition suitable for development.
G.
Use category performance standards and guidelines: residential uses. All residential uses are subject to performance standards and guidelines. These shall be addressed as specified in Subsections A and B of this section and as listed below:
(1)
Performance standards.
(a)
The applicant shall provide a graphic description of the proposed architectural design.
(b)
All proposed accessory uses shall be identified, and the maximum square footage allotted for each use shall be indicated on the site plan. If a deck is not included on the site plan proposal for single-family or multifamily residential units, the rear or side yard setback shall be increased to allow future construction of a deck at least 10 feet by 20 feet in size.
(c)
No dwelling shall be occupied by more than one person for every 220 square feet of habitable space. Persons sharing dwellings or beds on a rotating or shift basis shall each be counted as separate occupants for purposes of this requirement.
(d)
In the case of townhouse units, the maximum number of attached dwelling units within a building block shall be no more than six units unless the Planning Commission determines to increase the number of units to a maximum of eight based on the intensity of surrounding land use, the architectural design, the layout of the development, and distribution of parking, as shown on the plans submitted.
(2)
In addition, specific residential uses listed below shall be subject to the following:
(a)
Accessory dwelling unit.
[1]
Performance standards.
[b]
The principal dwelling must be owner occupied and the use shall discontinue as soon as the designated unit is vacated for more than 12 months.
[c]
The parcel on which the accessory dwelling unit is located must be a minimum of 10,000 square feet and reviewed as a special development when located in the R1, R2 and R3 District.
[d]
Fire code inspection and tax application must be provided to the Town.
(b)
Bed-and-breakfast.
[1]
Performance standards.
[a]
No separate kitchens shall be provided for guests.
[b]
Parking and loading shall not be provided in the front yard.
[c]
An operable fire alarm shall be placed on each floor, including the basement.
[d]
The owner or operator must maintain his or her residence on site, or an employee must be on site when the facility is occupied by guests.
[e]
A minimum of one full bathroom with a lavatory, toilet and shower or tub, or combination thereof, shall be available for every two guest rooms.
(c)
Boardinghouse.
[1]
Performance standards.
[a]
Facilities for dining shall be in a common location customarily used by a single family in the structure. Separate kitchens for residents shall not be provided. Meals shall be provided for boardinghouse residents and guests only.
[b]
Parking and loading shall not be provided in the front yard.
[c]
The owner or operator must maintain his or her residence on site.
[d]
An operable fire alarm shall be placed on each floor, including the basement.
(d)
Community shelter.
[1]
Performance standards.
[a]
A statement shall be submitted by the property owner or manager explaining the character of the facility, the programs, policies, goals, means proposed to accomplish these goals, characteristics of the service population and number of residents to be served, operating methods and procedures, hours of operation and any other aspects pertinent to the facility's program.
[b]
A supervisor shall be on the premises at all times to assist residents with specialized needs.
[c]
An operable fire alarm shall be placed on each floor, including the basement.
(e)
Day care, group.
[1]
Performance standards.
[a]
In the case of child day care, the applicant shall provide 150 square feet of usable outdoor recreation area for each child that may use this space at any one time. Such usable outdoor recreation area shall be identified on the site plan and shall be sufficiently buffered from adjacent residential areas. Usable outdoor recreation areas shall be limited to the side and rear yard of the property. Recreational areas shall not include the required front yard of the property or any off-street parking areas.
[b]
All such uses shall be located so as to permit the safe pickup and delivery of all persons on this site.
(f)
Group home, large/halfway house.
[1]
Performance standards.
[a]
Residents shall not receive ongoing, on-site medical care other than counseling and therapy. Otherwise, the use shall be treated as a nursing home or assisted living facility and regulated as such.
[b]
The use shall adhere to all fire prevention and life safety codes, including the installation of an operable fire alarm and smoke detector on each floor, including the basement.
[c]
A qualified supervisor shall be on the premises at all times to assist residents.
[d]
Rules and procedures governing facility operations and management shall be submitted for review and acceptance by the Town.
[e]
Persons with developmental disabilities, those with mental disorders and those in recovery from addiction shall each reside in separate accommodations.
(g)
Group home, small.
[1]
Performance standards.
[a]
Residents shall not receive ongoing, on-site medical care or treatment. Otherwise the use shall be treated as a nursing home or assisted living facility and regulated as such.
[b]
At a minimum, a resident manager shall be on the premises at all times to assist residents.
[c]
Rules and procedures governing facility operations and management shall be submitted for review and acceptance by the Town.
[d]
Persons with developmental disabilities, those with mental disorders and those in recovery from addiction shall each reside in separate accommodations.
[e]
Group counseling shall not be provided on site to nonresidents.
(h)
Multifamily and townhouse dwellings.
[1]
Performance standards.
[b]
Refuse/recycling enclosures must be provided in sufficient number and within close proximity to all residential buildings and accessory uses.
[c]
All access and building conditions must be reviewed by a fire official prior to Town approval.
[d]
Additional active recreation area will be required to meet a minimum of 200 square feet per unit when density exceeds 10 dwelling units per acre.
(i)
Home occupations.
[1]
Performance standards.
[a]
The home occupation shall be clearly incidental and subordinate to the residential use. The floor area used for the home occupation shall not exceed 300 square feet unless additional area is approved by the Board of Appeals.
[b]
The home occupation shall be conducted within the dwelling unit or an accessory building on the property. No outdoor advertisement, display or storage of materials, goods, supplies or equipment used in the home occupation shall be permitted on the premises. No commercial vehicles, noise, dust, fumes or other nuisances emitting from the premises shall be permitted.
[c]
The residential character/appearance of the dwelling unit and/or accessory structures shall not be altered to accommodate a home occupation.
[d]
Only persons residing in the home shall provide business services associated with the home occupation on the premises. The total of all employees, inclusive of family members, shall not exceed three. No home occupation shall be open to the public.
[e]
No article or commodity shall be offered for sale at the premises.
[g]
No deliveries for the occupation by semi/tractor-trailer trucks are permitted.
[h]
Illumination of the site shall be no greater than is generally used in a residential district. No parking area lighting is permitted.
[i]
Notwithstanding the above, home occupations shall not include automobile repair, beauty shops or barbershops, construction supply services, kennels, or printing business. This section is not intended to exclude a home occupation in which the resident provides administrative functions, such as bookkeeping, accounting or answering service for a business use cited above.
(j)
Fifty-five-and-over housing.
[1]
Performance standards.
[a]
Residency in fifty-five-and-over housing projects shall be restricted to households having at least one individual 55 years of age or older, with a spouse of any age or other persons 40 years of age or older. Persons under 40, other than a spouse, shall not reside in a dwelling unit for more than a total of 30 days per calendar year. If a project will not be a rental community under single ownership, a condominium association or homeowners' association shall be established to implement and maintain the age restrictions, in addition to Town enforcement of the Development Regulations. The provisions in this subsection shall be subject to any and all applicable federal or state laws and regulations. To the extent there is a conflict between the Bel Air regulations and the Fair Housing Act, the Fair Housing Act shall control. In addition, nothing contained herein shall be deemed to prohibit any party from occupying a unit under the age of 40 years if such person is necessary to provide a reasonable accommodation to a person who is entitled to occupy a unit under the Fair Housing Act or is a handicapped dependent of a person who is entitled to occupy a unit under the Fair Housing Act.
[b]
The developer shall provide a schedule for the installation of open space and recreation facilities at the time the special exception is approved and in each phase of the development to meet the needs of the residents. A minimum of 25% of the site shall be set aside as a permanent open space area. Such open space shall be restricted to uses such as parks, swimming pools, tennis courts, putting greens, assembly facilities or other facility deemed appropriate by the Planning Commission.
[c]
Any housing development for persons 55 years of age or older shall require a deed restriction requiring the property to be used as fifty-five-and-over housing for a period of not less than 40 years.
[d]
The project shall be designed to provide a transition near the periphery of the site, either with open space areas and landscaping or by designing the buildings near the periphery to be harmonious in density and type with the surrounding neighborhood.
[2]
Guidelines.
[a]
Adequate access to medical services, shopping areas, recreational and other community services often desired by elderly and handicapped persons should be available to residents or provided on the site for residents.
[b]
Business uses which are permitted as accessory uses should be integrated with the dwelling units and oriented towards the interior of the project. No exterior signs or other evidence of business facilities should be visible from the periphery of the site.
(k)
Short-term rental.
[1]
Performance standards.
[a]
Owner or caretaker must be located within Harford County.
[b]
Owner contact information, proof of insurance, fire code inspection, and tax application must be provided to the Town.
[c]
No signage related to the use is permitted.
[d]
A license from the Town of Bel Air is required. All licensees are subject to annual operating fee, inspection without notice and revocation based upon violation of license agreement.
H.
Use category performance standards and guidelines: retail uses. All retail uses are subject to performance standards and guidelines. These shall be addressed as specified in Subsections A and B of this section and as listed below:
(1)
Performance standards.
(a)
The location of the subject property shall be suitable for the type and scope of development proposed, taking into account such factors as the existing urbanization of the neighborhood, traffic, and the character of surrounding properties and the neighborhood in general.
(c)
The applicant shall locate amenities, such as lighting, seating, shelter and landscaping, in attractive groupings that provide for safe and unobstructed pedestrian movement.
(d)
All proposed accessory uses shall be identified, and the maximum square footage allotted for each use shall be indicated on the site plan.
(e)
The applicant shall design and site buildings to screen from public view unsightly elements such as shipping/loading areas, storage containers, snow piling, transformers, dumpsters and meters.
(2)
In addition, specific retail uses listed below shall be subject to the following:
(a)
Cannabis business.
[1]
Performance standards.
[a]
Operation of on-site consumption establishments is prohibited.
[b]
Use must be setback 500 feet from all public parks, playgrounds, recreation centers, libraries, schools, and day-care facilities.
[c]
Use must be set back 500 feet from all residential uses.
[d]
Use must be set back one-half mile from all other cannabis dispensaries.
(b)
Liquor store.
[1]
Performance standards.
[a]
Hours of operation shall be specified.
[b]
Security provisions shall be specified.
[c]
The use shall not be located closer than 300 feet from a school building unless a reduction is granted by the Board of Appeals based upon site conditions or mitigating factors.
[d]
Drive-through use is prohibited.
(d)
Shopping center.
[1]
Performance standards.
[a]
The project shall provide a unified arrangement of buildings, service areas, parking and landscaped areas.
[b]
Architecture, site design, lighting, and signage shall incorporate consistent design elements.
[c]
Materials, massing and facade design for the project shall be harmonious with the character of the neighborhood.
[d]
The internal circulation system shall be designed to minimize through traffic and traffic conflicts within the project.
[e]
Safe pedestrian movement and the provision of pedestrian walks within the parking lot and surrounding the building perimeter shall be considered in the traffic/parking study.
[f]
All establishments shall have vehicular service access either from an individual service drive, space, or from a common service yard.
[g]
All service areas, loading, trash removal, compaction or similar activities shall be segregated from public areas and screened from public view.
[h]
The owners of all lots shall execute a recorded Development Agreement with the Town providing that all owners acknowledge and agree to be bound by these performance standards as an overall scheme of development, outlining all shared elements, granting reciprocal easements to permit each owner to access any other owner's lot or parcel of land for the purposes of compliance with the Town Code and for either remediating any zoning violation or to comply with the Town Code for the purposes of any approvals sought by any of the owners of the lot and agreeing that the Town shall permit enforcement of any portion of the Town Code upon one or more owners of any lot or parcel of land contained with the Shopping Center scheme of development.
[i]
All parking lots, loading areas and outdoor storage areas shall be separated with buffer yards of at least 10 feet from any adjacent residential districts. Parking shall be adequate for peak demand of the existing and proposed uses at the time of application based on a parking study.
[j]
Signs to identify the use of an occupant shall be designed as part of the architectural design of the building and attached thereto. Proposed signage shall be submitted with the preliminary plan and shall be subject to review and approval by the Planning Commission.
[k]
Directional and informational signs shall be adequately provided and design coordinated.
[l]
Center management shall be responsible for providing on-site security service.
[m]
A traffic and/or parking study shall be submitted and approved prior to application if required by the Zoning Administrator.
[n]
Vehicular access to the subject property shall not be by means of any street internal to a subdivision for single-family dwellings.
I.
Use category performance standards and guidelines: service uses. All service uses are subject to performance standards and guidelines. These shall be addressed as specified in Subsections A and B of this section and as listed below:
(1)
Performance standards.
(a)
Any proposed service use that will abut land in a residential zone or land proposed to be used for residential purposes shall include a ten-foot buffer from the residential parcel and be effectively screened, as required in Article VIII of this chapter.
(b)
All proposed accessory uses shall be identified, and the maximum square footage allotted for each use shall be indicated on the site plan.
(c)
The applicant shall design and site buildings to screen from public view unsightly elements such as shipping/loading areas, storage containers, snow piling, transformers, dumpsters and meters.
(2)
In addition, specific service uses listed below shall be subject to the following:
(a)
Beauty/nail/barber/spa services.
[1]
Performance standards.
[a]
Applicants requesting approval of a beauty shop or barbershop shall specify the number of chairs to be in operation, the number of employees to be on premises and the hours of operation.
[b]
The proposed use shall not exceed 5,000 square feet in gross area.
[c]
The proposed use shall not produce adverse effects on the use or development of the surrounding area due to noise, odor, traffic or lighting.
[d]
Ear piercing, and the application of permanent makeup may be permitted as an accessory use.
(b)
Communications tower(s)/platform.
[1]
Performance standards.
[a]
Prior to approval of a new tower, the applicant shall demonstrate that every effort has been made to acquire space on an existing tower structure, building or utility pole in the Town limits or surrounding area and that due to valid considerations, including, but not limited to, location, economic, elevation, engineering or technical feasibility, no appropriate location is available.
[b]
The setback of such structure from the nearest habitable building shall be equal to its height above grade. The minimum setback from any boundary of a residential use, dwelling, school, church, or institution for human care in any other district shall be the tower height.
[c]
The structure shall be located on a lot of record as of September 3, 2019 (date of enactment) with a minimum of two acres.
[d]
The structure shall be enclosed within a locked, chain-link fence or comparable wall or structure at least eight feet high.
[e]
No signals or lights shall be permitted on towers unless required by the Federal Communications Commission or the Federal Aviation Administration.
[f]
Ground-level equipment buildings associated with the towers shall be screened and secured from adjacent properties by landscaping and fencing.
[g]
The applicant shall submit an affidavit with the Board of Appeals application stating that space on the proposed tower will be made available to future users when possible.
[h]
Environmental Protection Agency standards and guidelines relating to radiation emissions shall be met at all times.
[i]
Every five years or sooner, in the event of substantial damage, a certification by a professional structural engineer registered in the State of Maryland shall be filed with the Department of Public Works, indicating that the communications tower meets all safety requirements. Any upgrade or maintenance required to comply with any changes in the safety requirements, or to maintain the safety thereof, shall be performed prior to the filing of such certification.
[j]
The applicant shall minimize adverse visual effects of towers through careful design, siting and vegetative screening and shall avoid potential damage to adjacent properties from tower failure and falling ice through engineering and careful siting of tower structures.
[k]
The applicant shall cooperate in Town efforts to maximize the use of new communications transmission towers in order to reduce the number of towers needed.
[l]
A communications tower that is no longer used shall be removed from the site within one year of the date that the use ceases.
(c)
Drive-through facility for a restaurant, car wash, pharmacy, bank and other similar uses shall be subject to the following requirements.
[1]
Performance standards.
[a]
The use shall be designed so that pedestrian and vehicular circulation is coordinated with that of adjacent properties. A traffic/parking impact study may be required by the Zoning Administrator.
[b]
Drive-through lanes shall be marked with distinctive pavement markings and/or special striping and shall not block exit or entry to off-street parking, service areas or emergency access.
[c]
Adequate spaces for stacking at drive-through facilities shall be provided. Specifically, seven stacking spaces are required from the ordering window or station (intercom), plus two additional spaces prior to pick-up window.
[d]
Noise from speaker systems shall be regulated to meet State of Maryland standards for control of noise pollution.
[e]
Drive-through windows and vehicle queing lanes shall be located along the side and rear facades and not between the building and primary public right-of-way.
(e)
Hotel.
[1]
Performance standards.
[a]
Circulation and parking shall be adequate to fulfill requirements of all proposed uses, principal and accessory. A traffic analysis shall be provided by the applicant demonstrating adequacy of the system to the satisfaction of the Planning Commission/Board of Town Commissioners.
[b]
The public streetscape shall be developed between the street-front building and the street curb as a safe and convenient pedestrian area, with amenities such as paving, lighting, seating, shelter and landscaping located into attractive groupings that provide for safe and unobstructed pedestrian movement.
(f)
Medical service/medical clinic/medical laboratory.
(g)
Mixed-use center.
[1]
Performance standards.
[a]
The applicant shall provide a unified arrangement of buildings, service areas, parking, signage and landscaping.
[b]
The architecture, site design, lighting and signage shall incorporate consistent design and theme elements and materials, massing and facade design for the project shall be harmonious with the character of the neighborhood.
[c]
The internal circulation system shall be designed to minimize through traffic and traffic conflicts within the project.
[d]
Safe pedestrian movement and the provision of pedestrian walks within the parking lot and surrounding the building perimeter shall be considered in the traffic/parking study.
[e]
All establishments shall have vehicular service access either from an individual service drive, space or from a common service yard. All loading, trash removal, compaction or similar activities shall be segregated from public areas and screened from public view.
[f]
Signs to identify the use of an occupant shall be designed as part of the architectural design of the building and attached thereto. Proposed signage shall be submitted with the preliminary plan and shall be subject to review and approval by the Planning Commission.
[g]
Directional and informational signs shall be adequately provided, and design coordinated.
[h]
Center management shall be responsible for providing on-site security service.
[i]
A traffic and/or parking study shall be submitted and approved prior to application if required by the Zoning Administrator. Shared parking between all development types may be provided throughout the development at the discretion of the Planning Commission.
[j]
The owners of all lots shall execute a recorded Development Agreement with the Town providing that all owners acknowledge and agree to be bound by these performance standards as an overall scheme of development, outlining all shared elements, granting reciprocal easements to permit each owner to access any other owner's lot or parcel of land for the purposes of compliance with the Town Code and for either remediating any zoning violation or to comply with the Town Code for the purposes of any approvals sought by any of the owners of the lot and agreeing that the Town shall permit enforcement of any portion of the Town Code upon one or more owners of any lot or parcel of land contained within the Mixed Use Center scheme of development.
[2]
Guidelines.
[a]
The Planning Commission may waive required interior landscape buffers, internal property line setbacks and allow buildings to cross lot lines based upon beneficial design that promotes overall development interconnection and execution of appropriate legal documentation.
[b]
A reduction of the defined minimum 50% gross floor area consistency with the underlying Comprehensive Plan Land Use designation to no less than 40% may be approved by the Planning Commission provided the applicant demonstrates excellence of design, harmony of the proposed use with the neighborhood, and consistency with the Comprehensive Plan:
[i]
Landscape design is expanded to address the relationships between project elements, adequate interior site environment, attractive building foundation planting, and reinforced pedestrian and vehicle circulation.
[ii]
A separate plan is submitted showing public amenities provided for all use classifications and supported by the intent of the Comprehensive Plan. The Planning Commission may require any public improvements be completed prior to issuance of a building or use and occupancy permit.
[iii]
A detailed set of architectural elevations and engineering plans showing all materials, finishes and design is developed to specifically address each project element and a written statement demonstrating the relationship to the associated performance standards and zoning district criteria.
[iv]
A written outline of the proposed mix of uses must show the development provides for a community need as expressed in the Bel Air Comprehensive Plan.
(h)
Motor vehicles and related service uses/car wash/auto detailing.
[1]
Performance standards.
[a]
All sales and installation facilities operations shall be conducted within a wholly enclosed building. Outdoor display of motor vehicles for sale shall be permitted if areas for this purpose are integrated into the overall site design and are compatible with the adjacent and neighboring properties. The applicant shall submit a plan indicating outdoor storage areas and screening of such areas. The Planning Commission may require additional landscape treatment to address this requirement.
[b]
Neighboring properties shall be protected from site illumination, noise and odor. Noise shall be regulated to meet Control of Noise standards as specified by the State of Maryland.
[c]
A sightly, solid wall or fence at least five feet high shall be located along all property lines adjoining residentially zoned land. Such wall shall contain no advertising and shall be maintained in good condition. Fenced areas shall be landscaped on the residential side to provide screening from residential areas.
[d]
The area of the lot devoted to vehicle display or storage shall include no more than the 75% of the total lot area, exclusive of floodplains, steep slopes, or other environmentally sensitive areas.
[e]
The number and type of vehicles permitted on the lot shall be determined on a case-by-case basis, taking into account factors such as the gross weight of the vehicle, vehicle size, nature of the vehicle (commercial, industrial, passenger, or other), impacts on adjoining properties and traffic implications of the facility.
[f]
A safe, identifiable driving lane shall be provided within the parking lot.
[g]
Landscape islands, curbs and signs shall be used to clearly distinguish the parking from loading, delivery areas and driving lanes.
[h]
Adequate space shall be provided on site for service and delivery vehicles.
[i]
Turning areas shall be provided in order to avoid dead-end parking situations.
[j]
Outdoor storage or service areas shall be located on the side or rear yard and screened from the street with a wall or fence.
[k]
Pump islands and vehicle circulation for filling stations shall be screened with a wall and landscaped as described in Article VIII. Pump island canopies shall be set back a minimum 10 feet from right-of-way and 15 feet from adjacent property lines.
[l]
Building facades in the B-2/B-2A and B-3A Districts shall be a minimum of 30% window area. Required street frontage shall not apply.
[2]
Guidelines.
[a]
Display for sale or rental purposes of motor vehicles, trailers, boats, camping trailers, or other vehicles may be permitted, provided that the lot on which the vehicles are parked is adequately screened from all neighboring residentially zoned land or land proposed for residential purposes by the Town of Bel Air Comprehensive Plan.
(i)
Outdoor dining or bar service.
[1]
Performance standards.
[a]
Amplified music or use of a public address system is not permitted between 9:00 p.m. and 9:00 a.m.
[b]
Live entertainment or recreational games are not permitted between 9:00 p.m. and 9:00 a.m.
[e]
Dining areas located within an approved shopping center use may be reviewed through administrative process if determined appropriate by the Zoning Administrator.
(k)
Professional, business and personal services in Transition Overlay Districts and R-O Districts shall comply with the following:
[1]
Performance standards.
[a]
Merchandise offered for sale in the R-O District on the premises in connection with the use shall be limited to those that are secondary and incidental to the primary use, e.g., eyeglasses for opticians. Retail sales shall be described in a written statement submitted to the Zoning Administrator. If the Zoning Administrator determines that products offered for sale are secondary to the use and meet the intent of the regulations to limit retail sales operations in residential areas, written authorization shall be issued by the Zoning Administrator specifying approval and associated conditions.
[b]
No merchandise, material or equipment shall be stored outside of any structure.
[c]
Adequate parking facilities shall be available on site. No parking and/or loading shall be provided in the front yard setback area.
[d]
The property owner shall maintain the residential appearance of the dwelling or build a new building that is compatible in size, shape and scale to nearby residential units.
[e]
Lighting shall be kept to a minimum. No floodlighting or commercial lighting shall be permitted.
[f]
Uses in the Transition Overlay District shall provide for services by appointment only with no walk-in or retail patrons.
(l)
Restaurants.
[1]
Performance standards.
[a]
Hours of operation shall be specified.
[b]
Trash and debris shall be enclosed, screened, removed from premises, and lots shall be cleared of same regularly.
[c]
Drive-through restaurants shall be subject to § 165-53I(2)(c).
(m)
Tattooing and body-piercing service.
[1]
Performance standards.
[a]
The applicant shall comply with all state, local and federal standards regarding handling, treatment and disposal of medical waste as specified by the State of Maryland.
[b]
The applicant shall comply with OSHA Bloodborne Pathogen Standards.
[c]
No such use shall be located within 1,000 feet of a school nor 300 feet from a residential or institutional use other than a school.
[d]
No such use shall be located within 1,000 feet of an existing tattoo and/or body-piercing establishment.
[e]
The hours of operation shall not include any time between 10:00 p.m. and 8:00 a.m.
(n)
Veterinary clinic/veterinary service/kennel.
[1]
Performance standards.
[a]
Disposal of organic and/or medical waste shall be through approved, safe means and shall be separate from regular trash disposal.
[b]
Veterinary services as a professional office use in a residential district shall not include outdoor animal runs.
[c]
Veterinarian services, clinics, laboratories and kennels in the commercial and industrial districts shall be set back at least 200 feet from any residential lot line or residential use.
§ 165-54 Purpose.
A well-prepared landscape plan integrates the various elements of a site's design, while preserving and enhancing the preexisting identity of the site. It creates a sense of entry to a building and/or site. Landscape plans are required for all new developments to ensure protection of the site's natural features and sensitive areas; to provide landscaping that is consistent with standards for crime prevention through environmental design; to enhance community design by using landscaping to buffer incompatible uses; to create seasonal interest through use of a variety of landscaping materials; and to improve the general appearance of public and private spaces, walkways and open spaces throughout the community. Landscape plans tailored to the location, design and use of a particular site also enhance the Town's character. The landscaping standards are intended as a tool to implement the Town of Bel Air Comprehensive Plan goals of protecting sensitive areas, achieving quality growth and development and upgrading the Town's appearance.
§ 165-55 Applicability.
[Amended 4-3-2017 by Ord. No. 780-17]
A.
A landscape plan shall be submitted with each subdivision and site plan application. The plan shall include all elements required in § 165-57 of this article.
B.
Additionally, landscape plans are required for any enlargement exceeding 500 square feet of an existing building and/or construction or expansion of a parking lot.
§ 165-56 Landscape plan requirements.
[Amended 4-3-2017 by Ord. No. 780-17]
The landscape plan must be prepared, signed and sealed by a landscape architect registered in the State of Maryland. The plan should specify the location, size, species, spacing of plant materials, method of installation, method for maintenance and retention of materials in accordance with standards outlined in the latest edition of the Town Landscape Manual.
A.
The applicant shall submit a landscape plan, identifying all existing vegetation, streams, floodplain zones and nontidal wetlands, along with the preliminary site plan. The plan shall indicate provisions for landscape maintenance, stormwater management, revegetation, establishment of vegetated buffers and the method of providing perpetual protection of any special flood hazard areas as required by Chapter 210, Floodplain Management, of the Bel Air Town Code.
B.
The plan shall include all existing and proposed street trees located within the public right-of-way or immediately adjacent to the right-of-way. Wherever possible, the plan should emphasize use of native vegetation and incorporate sustainable development practices through the use of green roofs and associated sustainable planting practices.
[Amended 10-16-2023 by Ord. No. 817-23]
C.
The plan shall be reviewed by the Zoning Administrator or designee and the Director of Public Works or designee for completeness, conformance with the requirements of this Part 2 and for appropriateness of species and location.
[Amended 10-16-2023 by Ord. No. 817-23]
D.
Following staff approval, the plan shall be submitted to the Planning Commission, if applicable, for final review.
E.
Any property owner seeking a modification to the approved plan shall submit a written request to the Department of Planning and Community Development justifying the proposed change and a revised plan graphically identifying the proposed modifications. Any significant revisions to the approved plan, as determined by the Zoning Administrator and Director of Public Works, will require Planning Commission approval.
F.
The Department of Planning and Community Development shall forward said documentation to the Planning Commission for consideration if determined that revisions are significant. The Planning Commission shall then determine whether the modifications are comparable in quality, effectiveness and durability with the originally approved plan and whether minimum standards of this Part 2 have been satisfied. The modifications shall have no adverse visual effect on adjacent properties.
§ 165-57 General planting requirements.
[Amended 4-3-2017 by Ord. No. 780-17]
A.
General planting specifications.
(1)
All proposed planting shall have a minimum size and height as outlined in the Town Landscape Manual.
(2)
The condition of plant material shall meet standards outlined in the Town Landscape Manual. After, installation and acceptance, all required plant material shall be maintained by the property owner for the lifetime of the development.
(3)
Within one year of planting, any dead or dying trees or plant materials shall be replaced by the applicant during the next planting season prior to release of any required surety.
(4)
Existing vegetation shall be preserved to the maximum extent practical. The landscape plan shall identify the protection area and method of protection for retained vegetation. The applicant shall be responsible for replacement of such vegetation should removal or loss occur during and/or within one year of construction.
(5)
No buildings, structures, storage of materials, or parking shall be permitted within preservation areas and designated buffer areas unless specifically approved by the Planning Commission.
B.
Screening plans and materials.
(1)
Every development shall provide sufficient screening when the Planning Commission determines that there is a need to shield neighboring properties from any adverse external effects of a development or to shield the development from negative impacts of adjacent uses.
(2)
When building design and siting do not provide privacy, the Planning Commission may require landscaping, fences, or walls to screen dwelling units for privacy.
(3)
When landscape buffers are used as screening, the buffers shall be measured from right-of-way, side and rear property lines, excluding driveways.
(4)
Screening shall provide a year-round visual shield in order to minimize adverse impacts. All planting must retain two-thirds of foliage during the lifetime of the project or replacement is required. All required screening must be located within the project area. All off-site screening must be encumbered within a recorded easement to insure proper maintenance and retention.
[Amended 10-16-2023 by Ord. No. 817-23]
(5)
Screening may consist of walls, fencing, vegetation, berms, rocks, boulders, mounds, or combinations thereof to achieve the same objectives.
(6)
Plant species considered to be invasive or which may cause damage to the environment or infrastructure are prohibited. The list of these species are outlined in the Town Landscape Manual.
(7)
If planted berms are used, the minimum top width shall be four feet, and the maximum side slope shall be 3:1.
(8)
Plantings shall be watered regularly and in a manner appropriate for the specific plant species.
(9)
Buffer areas shall be maintained and kept free of all debris, rubbish, weeds, and tall grass.
C.
Tree plantings. In addition to general planting requirements noted above, any tree planting in close proximity to overhead or underground utilities shall satisfy the following specifications and standards:
(1)
Any trees planted within 15 feet of the center of a distribution pole line (<69 kilovolts) should not have a mature height that exceeds 30 feet.
(2)
Any trees planted in an area 15 feet to 40 feet from the center of a distribution pole line should not have a mature height exceeding 50 feet.
(3)
Any trees that are allowed to generate to satisfy the forest conservation plan or other vegetation enhancement requirements shall conform to the requirements noted in Subsection C(1) and (2) above. These conditions shall be appended to any existing and future Town-approved forest conservation plans and associated declarations of covenants, conditions and restrictions, and within any recorded easements that may encumber the property through which a pole line or utility easement is situated.
(4)
Major deciduous trees are not permitted within 10 feet of underground utilities excluding storm drains.
§ 165-58 Street trees.
[Amended 4-3-2017 by Ord. No. 780-17]
A.
Location. Major or minor deciduous trees shall be installed on both sides of all proposed streets and along the street frontage of all existing streets in accordance with the approved landscape plan.
(1)
Trees shall be planted at predetermined intervals along streets; spacing shall depend on site conditions and species, as follows:
Tree Height (feet) | Planting Interval (feet) |
|---|---|
Major deciduous trees | 40 |
Minor deciduous trees | 30 |
(2)
Trees shall be planted so as not to interfere with utilities (buried and overhead), roadways, sidewalks, sight easements, or streetlights. Tree species location, and spacing shall be approved by the Planning Commission as part of the landscape plan. The plan must be approved by a representative of the Department of Natural Resources, Forest Service. Street trees should be planted in a right-of-way or easement area located behind the sidewalk to allow room for root growth.
B.
Tree type. Selection of tree species shall be approved by the Zoning Administrator or his/her designee and the Director of Public Works.
C.
Safety and visibility. Street trees shall not restrict sight lines at intersections, nor restrict the approach view of any traffic or road sign or device. The Planning Commission may waive street tree location requirements if their placement would have an adverse impact on safety requirements.
§ 165-59 Minimum planting requirements.
[Amended 4-3-2017 by Ord. No. 780-17]
A.
Perimeter buffer.
(1)
Planting for all required buffers is based upon the application of a standardized planting unit (PU) along the length of mandatory perimeter screening area. The required planting is based on dividing the length of required buffer by the number of planting units per linear foot or fraction thereof. Table 165-59.I, below, provides the number of planting units per linear foot.
(2)
Planting unit is equal to the following tree or shrub types or a combination thereof:
[Amended 4-2-2018 by Ord. No. 783-18; amended 11-1-2021 by Ord. No. 806-21; 10-16-2023 by Ord. No. 817-23]
1 | Major deciduous tree |
2 | Minor deciduous trees |
2 | Evergreen trees |
10 | Shrubs |
Table 165-59.I | |||
|---|---|---|---|
Use | Use | Buffer Width (feet) | Buffer type |
Multifamily, townhouse or institutional use | Single family | 10 | 1 pu/25 LF (1 pu/50 LF w/ 6-foot fence, wall, berm) |
Recreation | Residential | 10 | 1 pu/15 LF |
Residential (rear or side yard) | Collector/arterial right-of-way | 20 | 1 pu/10 LF |
Commercial | Residential | 10 | 1 pu/10 LF |
Nonresidential parking | Residential | 10 | 1 pu/10 LF |
Industrial (heavy) | Residential | 25 | 1 pu/5 LF |
Industrial (light) | Residential | 15 | 1 pu/7.5 LF |
Parking | Residential | 10 | 1 pu/10 LF (1 pu/20 LF w/6-foot fence, wall or berm) |
Nonresidential parking | Right-of-way | 3 | 1 pu/25 LF |
Residential parking | Right-of-way | 5 | 1 pu/25 LF |
Nonresidential parking | Commercial | 3 | No buffer required |
(3)
The Planning Commission may approve a lesser buffer width or screening requirement based upon mitigating factors such as walls, fencing, elevation change or existing vegetation.
[Amended 10-16-2023 by Ord. No. 817-23]
(5)
Spacing shall be based on the selected species or the conditions at the site.
(6)
Commercial, industrial, institutional, multifamily residential uses shall provide screening in the form of landscaping and fencing around any proposed utility, storage or service areas and refuse/recycling areas.
(7)
The location, size, species, design, method of installation and planting area must meet requirements set forth in the Town Landscape Manual.
B.
Parking lot interior landscape.
(1)
"Parking lot interior" is defined as the area located within the outside edge of all paving area used for parking and vehicular access.
(2)
Interior parking lot landscape is required for all development containing more than five spaces. Landscape area shall equal or exceed 8% of the interior area.
(3)
One major deciduous tree shall be provided for every 10 parking spaces. Any fraction of spaces below five may be disregarded.
(4)
The location, size, species, design, method of installation and planting area must meet requirements set forth in the Town Landscaping Manual.
§ 165-60 Site protection.
A.
Topsoil preservation. Topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide at least four inches of even cover to all disturbed areas of the development and shall be stabilized by seeding or planting.
B.
Removal of debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials or other debris shall be removed from the site and disposed of in accordance with the law. No tree stumps or portions of tree trunks or limbs shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips, they may be used as mulch in landscaped areas, subject to approval by the Director of Public Works.
C.
Protection of existing planting. Tree and plant maintenance and protection provisions shall be incorporated in the required landscape plan. Maximum effort should be made to save mature trees. No construction material, soil stockpile or equipment shall be placed within four feet of shrubs or within the critical root zone of trees designated on the landscape plan to be retained. Protective barriers or tree wells shall be installed around each plant and/or group of plants that are to remain on the site. Barriers shall not be supported by the plants they are protecting, but shall be self-supporting. They shall be a minimum of four feet high and constructed of a durable material that will last until construction is completed. Snow fences and silt fences are examples of acceptable barriers.
[Amended 4-3-2017 by Ord. No. 780-17]
D.
Slope plantings. Slope protection measures, when necessary, shall be incorporated in the required landscape plan. Landscaping of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all slopes steeper than one foot vertically to three feet horizontally shall be planted with ground cover appropriate for the purpose and for soil conditions, water availability, and the environment.
[Amended 4-3-2017 by Ord. No. 780-17]
E.
Additional landscaping. In residential developments, besides the screening and street trees required, additional plantings or landscaping elements may be required throughout the subdivision where necessary for climate control, privacy, or other reasons in accordance with the landscape plan approved by the Planning Commission. In nonresidential developments, all areas of the site not occupied by buildings and required improvements shall be landscaped by the planting of grass or other ground cover, shrubs, and trees as part of the landscape plan approved by the Planning Commission.
[Amended 4-3-2017 by Ord. No. 780-17]
§ 165-61 Inspection and maintenance.
A.
The approved landscape plan must be implemented in its entirety prior to issuance of a final use and occupancy certificate for the project. Completion of all landscaping requirements shall be verified by the Zoning Administrator or designee.
[Amended 10-16-2023 by Ord. No. 817-23]
B.
Prior to issuance of a grading permit, the applicant shall provide a performance guarantee in a form acceptable to the Town. The performance guarantee shall be in the amount of the estimated cost of the landscaping, as provided on the approved landscape plan, and other common area improvements as determined by the Zoning Administrator. All improvements as shown on the approved landscape plan shall be completed in accordance with the plan prior to release of the surety. The financial surety shall be included as part of the improvement guarantees specified in § 165-119 of the Town of Bel Air Development Regulations. If required, this financial surety shall be held for a warranty period of one year or one growing season, whichever is longer, to ensure the integrity of the plan. The length of time designated as the warranty period shall be determined by the Zoning Administrator at the time of use and occupancy issuance.
[Amended 2-21-2012 by Ord. No. 748-12; 4-3-2017 by Ord. No. 780-17]
C.
Prior to the end of the warranty period, all stakes, tree wrapping and associated protective and/or supportive materials used in association with the approved landscape plan shall be removed.
D.
A reinspection shall be made prior to the release of the financial surety received by the Department of Planning and Community Development for a landscape project. The Zoning Administrator or his/her designee will inspect the condition of all landscaping on the site. All plant material indicated by the Zoning Administrator or his/her designee as dead or dying shall be replaced by the property owner. A reinspection of the site will be made to verify replacement of dead or dying material prior to release of the financial surety. The property owner or builder, depending on conditions under which the lots were purchased, is responsible for replacement of landscape material. Should he/she be unable or otherwise refuse to replace any landscape material as so required, the Zoning Administrator may utilize the surety in order to complete the landscaping requirement for the project.
§ 165-62 Purpose.
This article specifies zoning provisions which are general to all developments and establishes the basis for identifying, continuing and eliminating nonconforming uses, structures and site improvements. Also, in certain cases, usually as a result of the age or use of a property or building, it may not be possible to apply current zoning requirements. For this reason, special provisions and modifications outlined in this article are provided and may be used, if applicable and necessary, to modify existing conditions.
§ 165-63 Lot area requirements.
The following general area requirements shall apply to all development:
A.
Street frontage required.
(1)
Single-family detached lots shall abut for at least 25 feet on a street as defined in Article XIV of the Town of Bel Air Development Regulations, except as permitted in § 165-118D(17), Panhandle lots, of this chapter. Lot width is measured at the front building line.
[Amended 4-3-2017 by Ord. No. 780-17; 10-16-2023 by Ord. No. 817-23]
(2)
Each unit in an attached dwellings project shall abut for a minimum of 18 feet on open space, courts or a group parking area. Adequate access shall be provided for servicing, fire protection and off-street parking. Adequacy shall be determined by the Planning Commission.
(3)
All lots in the B or M District shall abut for at least 25 feet on a street as herein defined.
[Amended 4-3-2017 by Ord. No. 780-17]
B.
Required yards: general.
(1)
Required yard cannot be reduced. No lot shall be subdivided in such a manner that it would result in creation of a lot that does not meet minimum size or provide for minimum setback requirements required by this Part 2. If a lot is already less than the minimum required, it shall not be further reduced. Parcels set aside during the site plan or subdivision process to satisfy parking, open space or similar requirements of the Town of Bel Air Development Regulations shall be maintained for the stated purpose and shall not be included as part of parking, a yard, open space or a similar requirement for another use or building.
(2)
Off-street parking and loading areas may occupy part of any required yard or open space, provided location, setback, parking, loading, landscaping and buffering regulations required by this Part 2 are not violated.
[Amended 10-16-2023 by Ord. No. 817-23]
(3)
Subdivision which creates a new buildable lot requires Planning Commission approval. Such division and/or combination shall not be permitted if the proposed division and/or combination would create any lots which do not comply with the requirements of the Town of Bel Air Development Regulations. Consolidation of existing parcels, minor adjustment of property lines or addition of easements shall be reviewed and approved by the Zoning Administrator and Director of Public Works.
[Amended 4-3-2017 by Ord. No. 780-17]
C.
Yard requirements by type.
(1)
Front yard requirements. Front yard depth shall be measured from the required right-of-way line, as specified in Chapter 165, Part 4, of the Town of Bel Air Development Regulations, except in instances where modification or supplementation of these lines by any officially adopted street or highway widening or location plan or record plat has occurred, in which case the latter shall control. Yard area abutting denied-access roadways shall not be considered a front yard.
[Amended 4-2-2018 by Ord. No. 783-18]
(a)
On corner lots, all yards of a lot that abut a street must comply with the applicable front yard setback.
[Amended 4-3-2017 by Ord. No. 780-17]
 Figure 165-63.I |
(b)
Front yard setback requirements for single-family attached and multifamily units which are situated within 100 feet of the lot line of a single-family detached residence or vacant residential lot shall be set back 50 feet from the right-of-way line. Vehicle access should not exceed 25% of the front yard width and in no case may exceed 30 feet.
[Amended 4-3-2017 by Ord. No. 780-17]
(c)
Front setback requirements for single-family dwellings may be reduced to 20 feet and all other dwelling units reduced to 15 feet when off-street group parking is provided and each dwelling unit is designed without a garage or parking pad. Setback in this case shall be measured from the back of curb.
[Added 10-1-2012 by Ord. No. 754-12]
(2)
Rear and side yard calculations.
(a)
Where the rear or side yard opens on an alley or common area, 1/2 of the alley or common area, not to exceed 20 feet, may be included as a portion of the rear or side yard, as the case may be.
(b)
Side yard and rear yard width may be varied where the exterior wall of a building is not parallel or is broken or otherwise irregular with the applicable lot line. In such case, the average width of the required yard shall not be less than the minimum width; provided that such yard shall not be narrower at any point than 75% of the required width. Decks, bay windows or similar architectural features shall not be included in the calculation allowance.
[Amended 4-3-2017 by Ord. No. 780-17; 9-16-2019 by Ord. No. 792-19]
(c)
Side yard setback requirements for single-family attached and multifamily units within 100 feet of the lot line of a single-family detached residence or vacant residential lot shall be 30 feet and shall include a landscaped buffer as outlined in Article VIII along the lot line, as applicable. No vehicle access may penetrate the buffer.
[Amended 4-3-2017 by Ord. No. 780-17]
(d)
Development of multi-lot deeded parcels shall meet setback requirements of this Part 2 through consolidation of such lots through the subdivision process. Additions to existing residential structures, which cross existing interior lot lines, shall require lot consolidation or recordation of easement agreements to satisfy setback requirements.
(e)
Rear yard setback requirements for single-family attached and multifamily units within 100 feet of the lot line of a single-family residence or vacant residential lot shall be 50 feet and shall include a landscaped buffer as outlined in Article VIII along the lot line. No vehicle access may penetrate the buffer.
[Amended 4-3-2017 by Ord. No. 780-17]
D.
Height requirements.
(1)
Height measurement. Building height shall be measured from the average contact with grade to the highest point of the roof for flat roofs and to the deckline for mansard roofs and to the average height between the eaves and the ridge for gable, hip and gambrel roofs.
[Amended 10-16-2023 by Ord. No. 817-23]
 Figure 165-63.II |
(2)
Stories. The ground story or first story of any building is considered the lowest story, the floor of which is not more than 3 1/2 feet below the average contact with grade of the adjoining ground level at the exterior walls of the building.
[Amended 10-16-2023 by Ord. No. 817-23]
(3)
Height bulk transition requirements. To reduce the apparent bulk of buildings 40 feet or more in height, a distinct base shall be provided at ground level using articulation and materials such as stone, masonry or decorative concrete. The top of the building should be treated with a distinct outline, with elements such as a projecting parapet, cornice or projection. A height transition or step down is required adjacent to residential development.
§ 165-64 Special provisions.
A.
Use of existing lots of record. In any district where dwellings are permitted, single-family dwellings may be constructed or altered on any lot or plot of official record which does not meet minimum district lot size or width as of the date the Town of Bel Air Development Regulations are adopted, subject to the following requirements:
[Amended 4-3-2017 by Ord. No. 780-17]
(1)
The sum of the side yard widths of any such lot or plot shall be a minimum of 30% of the width of the lot, but in no case shall any one side yard be less than 10% of the width of the lot.
(2)
The depth of the rear yard of any such lot shall be a minimum of 20% of the depth of the lot, but in no case shall it be less than 10 feet.
(4)
Division and/or combination of existing lots shall not be permitted if the proposed division and/or combination would create any lots which do not comply with the requirements of the Town of Bel Air Development Regulations.
B.
Front yard modifications.
(1)
In any residential district, the required depth of the front yard may be modified. This may occur if at least two front yards are less than that required for the district on lots which are on the same frontage as the property in question and within 250 feet of the property in question. In such case, the depth shall not be less than the minimum depth of any existing front yard having the same frontage. However, the depth of a front yard on any lot shall be at least 10 feet.
(2)
Front yard setback requirements for single-family attached units may be modified to a minimum front yard depth of 25 feet if the units within a building block are designed with a minimum offset of two feet.
[Amended 4-3-2017 by Ord. No. 780-17]
(3)
Decks, balconies, porches, awnings and canopies. Decks, balconies, unenclosed porches and canopies may project into the front yard a distance of 25% of the minimum required setback for the district or the established front yard setback for the subdivision or neighborhood, as applicable. Canopies/awnings may extend a maximum of four feet and must maintain an eight-foot clearance above a sidewalk in the public right-of-way.[1]
[Amended 10-16-2023 by Ord. No. 817-23]
[1]
Editor's Note: Former Subsection B(4), regarding filling station pumps and pump islands, which immediately followed this subsection, was repealed 4-3-2017 by Ord. No. 780-17.
C.
Side and rear yard modifications.
(1)
Decks, balconies, porches and canopies. Decks, balconies, unenclosed porches and canopies may project into the side and/or rear yard a distance of 25% of the minimum setback for the property.
D.
Other exceptions to yard requirements. The following architectural features may project into required yards as hereinafter set forth:
(1)
Cornices, eaves or other architectural features may project a distance not exceeding two feet, six inches.
(2)
Fire escapes may project a distance not exceeding four feet, six inches.
(3)
Necessary landings may project a distance not to exceed six feet, provided that such landing shall not extend above the entrance floor of the building, except for a railing as required by building code.
[Amended 4-3-2017 by Ord. No. 780-17]
(4)
Uncovered stairs, as necessary, to access the primary and firesafety-related entrances to a unit.
(5)
Bay windows and chimneys may project a distance not to exceed three feet, provided that such features do not occupy, in the aggregate, more than 1/3 of the length of the wall on which they are located.
E.
Height modifications. The building height limitations of this Part 2 shall not apply to the following:
(1)
Accessory roof structures designed to house stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, provided that objectionable views of such equipment are completely screened from all adjacent properties.
(2)
Fire or parapet walls, towers, steeples, flagpoles, silos, smokestacks, masts, water tanks, monuments or other accessory structures that project into the air.
(3)
Places of public assembly in churches, schools, libraries, hospitals and other permitted public and semipublic buildings, provided that, for each three feet by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district.
(4)
Bulkheads, cupolas, elevator equipment enclosures, water tanks, equipment containment screens and structures, and clearstory window structures and skylights, provided that no linear dimension of any such structure exceeds 20% of the corresponding linear dimension of the building.
(5)
Towers and monuments, fire towers, hose towers, cooling towers, grain elevators, gas holding tanks or other structures used in municipal or manufacturing uses where such use requires a greater height, provided that all parts of such structures above the heights otherwise permitted in the district shall not occupy more than 25% of the area of the lot and shall be at least 50 feet from every lot line excluding a street right-of-way line.
[Amended 4-3-2017 by Ord. No. 780-17]
(6)
Public utility buildings, provided that, for each three feet of the height of such building that exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width and depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in that district.
§ 165-65 Traffic visibility.
A.
Except in instances where traffic visibility is not impacted due to one-way traffic patterns, no sign, fence, wall, hedge, planting, structure, unit or other temporary or permanent obstruction to vision, extending to a height in excess of three feet above the established street grade, shall be erected, planted, placed or maintained within the sight triangle of an intersection.
Nonobstruction Area Requirements by Street Classification (measured along right-of-way) | ||||
|---|---|---|---|---|
"A" (Distance in Feet) Required Setback | Local Street | Collector Street | Arterial Street | |
25 | Local street | 25 | 30 | 40 |
30 | Collector street | 25 | 30 | 40 |
40 | Arterial street | 25 | 30 | 40 |
(1)
Where an intersection is formed with a county or state road, sight distance criteria for that jurisdiction shall also be applied. A sight distance survey may be required if deemed necessary by the Zoning Administrator based on existing site conditions.
[Amended 10-16-2023 by Ord. No. 817-23]
 Figure 165-65.I |
B.
Poles, posts and guys for streetlights and other utility services shall not be considered obstructions to vision within the meaning of this section.
C.
The Planning Commission shall have the authority to require additional setback requirements at intersections where the configuration of the specific intersection creates sight distance limitations.
§ 165-66 Nonconforming uses, buildings or structures.
If, prior to the adoption of the Town of Bel Air Development Regulations, a property was being used for a then-lawful purpose that the Town of Bel Air Development Regulations prohibit and render nonconforming, the property owner shall have a vested right to continue the nonconforming use. However, it is the purpose of the Town of Bel Air Development Regulations to secure the gradual or eventual elimination of nonconforming uses. To further this goal, no expansion or change of a nonconforming use shall be permitted unless authorized by the Board of Appeals as provided for herein and in Article XII of this Part 2.
A.
Continuance, extension, enlargement and abandonment.
(1)
Any building or structure which is lawfully existing under the terms of the Town of Bel Air Development Regulations at the time of its enactment, or at the time of any amendment thereto, may be used as provided by the regulations, even though the building or structure does not conform with the size, setback, parking, loading, landscaping or performance standards of the Town of Bel Air Development Regulations, or any amendment thereto, for the zoning district or overlay district in which the building or structure is located.
(2)
In the event a nonconforming use ceases for a period of one year or more, the nonconforming use shall be deemed abandoned, and future use of the property shall comply with the requirements of the Town of Bel Air Development Regulations. The casual, temporary or illegal use of land or a structure does not establish the existence of a nonconforming use.
(3)
Nothing herein contained shall require any alteration in the building or structure, or part thereof, for which final approval of its plans, construction, size or use have been granted prior to the enactment of the Town of Bel Air Development Regulations or any amendment thereto. Notwithstanding the above, in the event a building permit has not been issued for a building or structure, the previously granted final approvals of the use, building or structure shall continue to be valid for the period originally granted.
(4)
Alterations of any building that reduce the total square footage of the nonconformity may be permitted by right. If 50% or more of the square footage of an existing nonconforming building is demolished, any new construction shall be performed in conformance with the standards specified in the Town of Bel Air Development Regulations for the zoning district in which this building is located.
(5)
No existing building or structure devoted to a nonconforming use, in the district where it is located, shall be enlarged, extended, reconstructed, substituted or structurally altered unless authorized by the Board of Appeals.
(6)
In the case of an extension or enlargement of a structure, the following shall apply: The Zoning Administrator may authorize the extension or enlargement of a nonconformity of a single-family detached dwelling or the Board of Appeals may authorize the extension or enlargement of the nonconformity of any other building or structure, with or without conditions, provided that:
[Amended 4-3-2017 by Ord. No. 780-17; 10-16-2023 by Ord. No. 817-23]
(a)
The total enlargement or extension area does not exceed 35% of the gross square footage of the nonconforming area in use at the time of the creation of the nonconformity and the enlargement or extension does not increase the degree of nonconformity.
(b)
The enlargement or extension does not violate the height or coverage regulations for the district.
(c)
The enlargement or extension would not adversely affect adjacent properties, traffic patterns or the surrounding neighborhood.
B.
Replacement of damaged buildings and structures.
(1)
Any nonresidential nonconforming building or structure, or group or assemblage of buildings constructed as a total entity under common ownership, which becomes damaged by less than 50% of the fair market value may be restored or reconstructed to its former dimensions on the same lot with the same nonconforming use, provided that the restoration or reconstruction is completed within two years of the date of the damage.
(2)
Any residential nonconforming building or structure that is damaged or destroyed may be reconstructed to its former dimensions on the same lot and with the same nonconforming use, provided that the reconstruction is completed within two years of the date of the damage.
§ 165-67 Purpose.
Certain uses, whether permitted as of right, by special development 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 zoning district. This section therefore provides such regulations for accessory uses and temporary uses. These requirements are intended to meet the economic development and housing objectives outlined in Articles IX and X of the Town of Bel Air's Comprehensive Plan.
§ 165-68 Accessory uses.
[Amended 11-25-2011 by Ord. No. 744-11; 10-1-2012 by Ord. No. 754-12; 4-3-2017 by Ord. No. 780-17; 4-2-2018 by Ord. No. 783-18; 9-16-2019 by Ord. No. 792-19; 10-21-2019 by Ord. No. 794-19; 10-16-2023 by Ord. No. 817-23; 3-3-2025 by Ord. No. 840-25; 8-18-2025 by Ord. No. 845-25]
Generally, except as otherwise restricted in Article III, Establishment and Regulation of Zoning Districts, accessory buildings and uses customarily incidental to any principal permitted use or authorized special exception or special development shall be permitted in any district in connection with the principal use, subject to the following:
A.
General.
(1)
No accessory use or structure, except fences, shall be located within any recorded easement area unless approved by the Director of Public Works.
(2)
Uses generally prohibited or not permitted as principal permitted uses in a district shall not be permitted as accessory uses.
(3)
No enclosure for refuse/recycling shall be located within the front yard setback required in the district.
(4)
A small wind energy system used to generate electricity of less than 100 kw through a wind turbine conversion system shall be considered an accessory use in all zoning districts. The wind tower shall be set back from all property lines, rights-of-way and overhead utility lines a distance equal to the height of the tower plus 20 feet. The tower cannot be readily accessible to the public for a minimum height of 12 feet. The appearance of the wind generator, blades and tower must blend into the existing environment. The wind generator shall comply with the state-regulated Noise Ordinance.
(5)
A solar energy system used to provide electrical power through photovoltaic cells and related accessories or harness thermal energy for heating water or air using thermal collectors or similar structures shall be considered an accessory use in all zoning districts. Ground-mounted systems must adhere to accessory building requirements and must be screened with appropriate landscape from any right-of-way or adjacent residential property. Structurally attached solar collectors cannot project vertically above the peak of a sloped roof and cannot project more than five feet above a flat roof.
B.
Residential districts.
(1)
Accessory structures shall be no more than 20 feet in height as measured from the ridgeline of the roof to the average contact with grade, nor shall they exceed the height of the principal use or structure, whichever is less. The height between the eaves and the ridge for gable, hip and gambrel roofs cannot exceed more than 35% of the overall height of the accessory building.
(2)
No accessory use or building shall be erected in any required court or in any yard other than a side or rear yard, except as provided hereinafter. Accessory uses or buildings shall be distanced at least six feet from alley lines and at least three feet from lot lines of adjoining lots. If approved by the Zoning Administrator, cluster mailbox structures may be permitted in the front yard.
(3)
Accessory buildings, except stables, may be erected as a part of the principal building or, if at least six feet therefrom, may be connected thereto by a breezeway or similar structure, in which case it shall be considered to be a part of the principal building, provided all yard and Fire Code[1] requirements for a principal building are satisfied. Open carports may be erected over driveway pads if screening is provided and if located at least five feet from the lot line.
(4)
Satellite receiving dishes in excess of 24 inches in diameter must be ground-mounted and shall require a building permit in accordance with the Town Building Code.[2] All satellite receiving dishes shall be treated as any other accessory structure with the same setback and yard requirements. All dishes shall be properly screened from view with landscaping or fencing, as appropriate and as determined by the Zoning Administrator. Dishes less than or equal to 24 inches in diameter may be mounted on the principal structure or an accessory structure.
(5)
The total square footage, including upper floor space, of all accessory uses or structures shall not exceed 50% of the square footage of habitable space of the principal use or structure. However, a minimum of 480 square feet may be permitted regardless of the size of the principal structure.
(6)
Single-family detached and attached residential corner lots may locate a shed a minimum of six feet from right-of-way provided it is located behind the rear facade of the residence. The Zoning Administrator may require a survey to determine if visibility at the intersection is impeded by the location of the shed.
(7)
Pens and runs for domestic animals shall not be located within 50 feet of an adjacent residential primary structure. Kennels as defined in Article XIV are not permitted in residential districts. Honeybee hives may be permitted on parcels with a minimum size of 10,000 square feet and located 50 feet from an adjacent residential primary structure provided honey is not produced for commercial purposes. On properties consisting of a minimum of 10,000 square feet, a coop for chickens housing no more than two hens may be located no less than 50 feet from the adjacent residential primary structure. One additional hen may be added for every 5,000 square feet in lot area. Roosters are not permitted. On properties of two acres or more, pens, barns or stalls for farm animals shall be permitted, provided that the number of animals shall not exceed one per acre, the animals are contained within a fenced area, and the following minimum setbacks for principal and accessory uses are met:
Number of Animals | Setback From Adjacent Residential Primary Structure (feet) |
|---|---|
3 to 5 | 100 |
6 to 10 | 150 |
11 or more | 200 |
(8)
Residential recreational facilities, such as swimming pools and tennis courts, shall be located not less than six feet from any side or rear lot line. For community pools and tennis courts, the edge of the facility shall be located not less than 50 feet from any residential unit or side or rear lot line.
(9)
Recreational vehicles, campers, trailers and similar equipment shall be stored in a garage or similar enclosed structure. Open storage shall be permitted in the side and the rear yard areas. Open storage on driveways may be permitted for short-term storage or maintenance purposes for a period not to exceed a total of seven days within any ninety-day period. No living, sleeping or other occupancy of a recreational vehicle, camper or trailer shall be permitted for more than seven days within any ninety-day period. Except as stated above, storage of any recreational vehicle, camper or trailer is prohibited in the front yard area. For lots with more than one public road frontage, storage of a recreational vehicle or trailer may be permitted by the Zoning Administrator in the front yard, provided there is no practical alternative that meets the Code and adequate screening is provided.
(10)
No commercial vehicles or commercial equipment shall be parked or stored on any lot in any residential district, except when such vehicle is engaged in loading and unloading passengers, merchandise or materials. This subsection shall not apply to a public utilities truck engaged in repairs or to a truck parked or being used during the construction or renovation process of a residential building.
(11)
One inoperative or untagged motor vehicle may be parked or stored on any lot of less than two acres for a continuous period of no more than six months. Two inoperative or untagged motor vehicles may be parked or stored on any lot of two acres or more for a continuous period of no more than six months. Open storage of a vehicle requires a permit issued by the Department of Planning and Community Development. Inoperative or untagged vehicles which are stored completely within an enclosed building are not subject to these restrictions.
(12)
Temporary refuse dumpsters, storage containers or trailers shall not be placed on grass or pervious surface. No such storage may be located on a residential parcel for more than 30 days unless extended by the Zoning Administrator based on hardship or practical difficulty not caused by the property owner.
C.
Business and industrial districts. Customary accessory uses are permitted in commercial or industrial districts, including the following:
(1)
The storage of goods normally carried in stock, used in, or produced by commercial or industrial uses, unless the storage of particular goods is prohibited under the commercial or industrial district regulations. No refuse or recycling enclosures or storage shall be permitted within the front yard, and all enclosures and storage facilities must be effectively screened as stipulated in Article VIII of this Part 2. Storage facilities shall be located within a fully enclosed area, and such facilities shall not include tractor-trailer bodies.
(2)
Satellite receiving dishes may be installed on roofs in the business and industrial districts, and those over 24 inches in diameter shall require a building permit for installation.
(3)
Incidental repair facilities, unless expressly prohibited under the commercial or industrial regulations, may be permitted by the Zoning Administrator.
(4)
Canopies and awnings may be permitted with a minimum eight-foot clearance from the lowest edge of the canopy/awning to sidewalk or grade level, whichever is applicable.
(5)
In commercial and industrial districts, one inoperative or untagged motor vehicle may be parked or stored on any lot of less than two acres for a continuous period of no more than six months. Two inoperative or untagged motor vehicles may be parked or stored on any lot of two acres or more for a continuous period of no more than six months. Open untagged vehicle storage requires a permit issued by the Department of Planning and Community Development. Vehicles that are stored within a completely enclosed building or on a lot that is approved for motor vehicle sales, service and storage are permitted as of right.
(6)
Temporary refuse dumpsters, storage trailers or containers shall not be placed on grass or pervious surface. No such storage may be located on an area visible to a public road for more than 30 days unless extended by the Zoning Administrator based on hardship or practical difficulty not caused by the property owner.
§ 165-69 Fences and walls.
Fences, walls and hedges may be located in required yards as follows:
A.
Fences, walls and hedges not exceeding four feet in height above the elevation of the surface of the ground may be located in any yard or court unless the property is located at a roadway intersection, in which case, the requirements noted in § 165-65 of this Part 2 shall apply. Ornamental gates, fence post caps or finials may exceed the height limit by no more than 12 inches.
B.
Fences and walls not exceeding six feet in height above the elevation of the surface of the ground may be located in any rear yard or side yard area for a residential use. Ornamental gates, fence post caps or finials may exceed the height limit by no more than 12 inches. If the property abuts a business or industrial district, a fence or wall, not to exceed eight feet, may be erected.
[Amended 4-2-2018 by Ord. No. 783-18]
C.
Industrial uses may locate fences or walls, not to exceed 10 feet in height, in any yard area if necessary for safety or security reasons and said reasons are documented to the satisfaction of the Zoning Administrator. Uses in business zones must adhere to the front yard height requirements for fences. Exceptions may be permitted by the Zoning Administrator for corner and through lots as described in § 165-69E.
[Amended 4-2-2018 by Ord. No. 783-18; 10-16-2023 by Ord. No. 817-23]
D.
In no instance shall barbed wire fencing be used alone or in combination with other fence materials, except when the Zoning Administrator determines, through the administrative waiver process, that, due to the character or use of a parcel, the additional security of such fencing is necessary.
E.
Single-family residential through lots as defined in this Part 2 may increase the height of a fence located along the rear right-of-way line to a maximum of six feet. Single-family residential corner lots may increase the height of a fence to a maximum of six feet provided the fence is setback a minimum of six feet from right-of-way and is located behind the rear facade of the residence. The Zoning Administrator may require a survey to determine if visibility at the intersection is impeded by the increase in fence height.
[Added 10-16-2023 by Ord. No. 817-23]
§ 165-70 Handicap ramps.
§ 165-71 Temporary uses.
[Amended 1-7-2013 by Ord. No. 758-12; 4-3-2017 by Ord. No. 780-17]
A.
Temporary uses shall be permitted as specified in Articles III, VII and XI of this Part 2 and shall not exceed 30 days unless otherwise specified. A permit may be issued by the Zoning Administrator or designee if all the specific requirements as stated below are satisfied:
[Amended 10-16-2023 by Ord. No. 817-23]
(1)
Performance standards.
(a)
A temporary use permit application shall be filed specifying the use, dates and hours of operation of the activity/event.
(b)
Adequate arrangements for temporary sanitary facilities must be approved by the State or County Department of Health and Mental Hygiene, if applicable.
(c)
No permanent or temporary lighting shall be installed without an electrical permit.
(d)
Adequate off-street parking shall be provided, and a stabilized drive to the parking areas shall be maintained.
(e)
The site shall be cleared of all debris at the end of the event and cleared of all temporary structures within three days thereafter.
(f)
It shall be the responsibility of the applicant to guide traffic to parking areas and to provide adequate parking control.
(g)
The applicant shall be responsible for adequate crowd control.
(h)
Signs may be posted during the duration of the temporary use with a maximum total area of 72 square feet unless otherwise specified by the Zoning Administrator provided the operator meets all other applicable temporary sign restrictions for the district.
(i)
The use/event shall not obstruct pedestrian or vehicular circulation.
(j)
A description of means to provide any necessary sanitation/maintenance provisions shall be provided to the reviewing agency for approval.
(k)
A certificate of insurance shall be provided to the reviewing agency.
B.
Modular classrooms, modular sales/construction office/sales trailers.
(1)
Such modular facilities shall be subject to performance standards as specified below. A permit may be issued by the Zoning Administrator or designee if applicable requirements are satisfied.
[Amended 10-16-2023 by Ord. No. 817-23]
(a)
Performance standards.
[1]
Modular classrooms.
[a]
The applicant shall fully describe the proposed use/activity to the satisfaction of the reviewing agency, including the means to prevent interference with traffic, both pedestrian and vehicular, and shall specify the precise time during which the use shall be in operation.
[b]
The applicant shall specify the method for and ensure that removal of trash and clearing of debris and restoration of the site is to be accomplished.
[c]
The unit shall be totally removed from the site and returned to the exact previous appearance once classroom use is abandoned.
[d]
Setback requirements for the district shall apply. However, in no case shall the setback be less than 10 feet.
[2]
Sales/construction/office trailers.
[a]
No office or sales trailer may be permitted on a property longer than 30 days. A trailer associated with construction may be permitted for no longer than 18 months. The applicant shall fully describe the proposed use/activity to the satisfaction of the reviewing agency, including the operation, appearance, means to prevent interference with traffic, both pedestrian and vehicular, and shall specify the precise time during which the use shall be in operation.
[b]
The applicant shall specify the method for and ensure that removal of trash and clearing of debris and restoration of the site is to be accomplished.
[c]
The unit shall be totally removed from the site and returned to the exact previous appearance within the time frame specified by the reviewing agency.
[d]
If longer duration than 30 days is required, the Zoning Administrator may approve the use for no more than six months for good cause shown.
[e]
Construction trailers shall be removed within 15 days of completion of construction or within 18 months of installation, whichever is less unless an extension is approved by the Director of Public Works.
C.
Outdoor promotional event/sales event/yard sale.
(1)
Such events shall be subject to performance standards as specified below. A permit may be issued by the Zoning Administrator if all applicable requirements are satisfied.
(a)
Performance standards.
[1]
[3]
Yard sale.
[a]
Private yard sales in residential districts shall not be held for more than four continuous days or more than four separate times in a calendar year.
[Amended 10-16-2023 by Ord. No. 817-23]
[4]
Outdoor sale event.
[Amended 4-2-2018 by Ord. No. 783-18; 10-16-2023 by Ord. No. 817-23]
[5]
Snowball stands or other seasonal uses.
[Amended 10-16-2023 by Ord. No. 817-23]
[a]
The applicant shall fully describe the proposed use/activity to the satisfaction of the reviewing agency, including the means to prevent interference with traffic, both pedestrian and vehicular, and shall specify the precise time during which the use shall be in operation. Temporary seasonal uses are subject to a temporary use permit and cannot exceed six months per calendar year.
[b]
Hours of operation shall be specified.
[c]
Trash and debris shall be removed from premises, and lots shall be cleared of same daily.
[d]
Signage is limited to a total of 24 square feet.
D.
Sidewalk cafe or retail sales.
[Amended 10-16-2023 by Ord. No. 817-23]
(1)
This section is only applicable to sidewalk sales and service in the public right-of-way. Exterior dining or bar service on a lot of record are addressed in § 165-53I(2)(i).
(a)
Performance standards.
[1]
Outdoor sidewalk cafe or retail sales.
[a]
No building exit, entrance, or fire escape shall be obstructed by product display, fixtures, seating or landscape materials.
[b]
Lighting, except for existing building lighting, shall be restricted to very low intensity.
[c]
Planters, if displayed, shall be in scale with the space of the adjacent sidewalk and the adjacent building. Materials shall be compatible with the adjacent building facade.
[d]
Sidewalk sales or cafes shall be open to adjacent walks and may be partially enclosed by fences, planters, barriers, lattice, railings or ropes of any type.
[e]
The sidewalk sales or cafe area shall be restricted to areas with a minimum sidewalk width of eight feet. A five-foot sidewalk area must be maintained to allow adequate pedestrian circulation.
[f]
Stacking of product display, tables and chairs on sidewalks for storage is prohibited.
[g]
Proof of liability insurance and submission of an agreement to hold the Town harmless in case of accidents, losses, claims, etc., is required.
[h]
Submission of a detailed plan for the temporary use outlining plans for operation or management, proposed use, materials, colors and signage shall be submitted for Zoning Administrator for review and approval.
[i]
A description of proposed hours of operation, services to be provided, maintenance, cleaning and storage plans shall be submitted for Zoning Administrator review and approval.
[j]
Should sales or cafe area extend in front of adjacent property, written permission from the property owner is required.
[k]
Waste from dining or sales operations shall be located inside the establishment and the sidewalk shall be cleaned by the user a minimum of once per six months.
E.
Itinerant dealer, peddler and solicitor.
(1)
Sales from any cart, wagon, trailer, or vehicle; any distribution of samples, pamphlets or sales in a public place; and any person seeking sales by going place to place must adhere to requirements of the Town Code, Chapter 272, Itinerant Dealers, Peddlers and Solicitors, which shall be satisfied prior to operation.
§ 165-72 Purpose.
The purpose of this article is to provide a guide which outlines the general procedural requirements for land use, zoning and annexation requests in Bel Air. These procedures are detailed in an effort to assist the public and to simplify the development process as recommended in the Town of Bel Air Comprehensive Plan.
§ 165-73 General procedural requirements.
A.
Land use. The use of property may not be substantially changed, substantial clearing, grading or excavation may not be commenced, and buildings and structures may not be constructed, erected, moved, demolished or substantially altered, except in accordance with procedures and permit requirements specified by the Town of Bel Air Development Regulations. The required permits and procedures may be determined through review of Article III, Establishment and Regulation of Zoning Districts, Article IV, Overlay Districts, Article VI, Environmental Regulations, and Part 4, Subdivision of Land, of these regulations and other applicable requirements or regulations.
B.
Zoning cases.
(1)
Any application in a zoning case, and any amendment thereto, shall contain a specific explanation outlining the reasons or basis for granting the request.
(a)
The applicant shall submit with the application the names and addresses of all persons or entities having any legal or equitable interest in the property which is the subject of the zoning case.
(b)
This requirement, as to entities owning the property which is subject to the zoning case, shall include the disclosure of shareholders owning more than 5% of the stock in a corporation, except those corporations which are listed and regularly traded on a recognized stock exchange, any partner of any partnership entity, and members of a limited-liability company.
(2)
The record in all zoning cases shall include the application, all documents or communications submitted for the consideration by the Department of Planning and Community Development and/or of the body hearing the case, the recorded testimony received at any hearing, any reports to or from any public officials or agency concerning the application, and the final decision of the Department of Planning and Community Development and/or body hearing the case.
(3)
The burden of proof in any zoning case shall be upon the applicant.
(4)
The final decision in a zoning case shall be based solely upon record evidence and shall be supported by specific written findings of fact and law.
(5)
The votes or abstentions thereon of all members of any reviewing bodies deciding the case must be recorded.
(6)
No person shall influence or attempt to influence, directly or indirectly, any member of the deciding body in arriving at a decision in any pending zoning case, except as that person may appear before the deciding body at a public hearing and as a party or as a representative or witness on behalf thereof.
(7)
To ensure compliance herewith, any person contacting a member of a deciding body in violation of Subsection B(6) shall be immediately informed of the provisions of this section.
(9)
Unless otherwise provided in the Town of Bel Air Development Regulations, approval of a zoning case shall be effective for 24 months from the date of issuance. Applications for an extension shall be in writing to the Department of Planning and Community Development and received prior to the expiration of the approval period. An application for extension shall be considered by the original approval body/bodies, even though, at the time of such consideration, the approval period may have expired. Only one twelve-month extension of the original approval shall be granted. Whenever litigation is commenced challenging a zoning case or seeking an injunction prohibiting construction or similarly prohibiting the issuance of a building permit, the term of the approval shall be automatically extended so that the developer shall have a twenty-four-month period, excluding the period of the litigation, including appeals, in which to proceed with the approved project. Should construction cease for a period of 12 months before a project is issued a final use and occupancy certificate, the zoning approval for the unfinished portion of the project shall expire unless an extension is granted in accordance with the provisions of this section.
[Amended 10-1-2012 by Ord. No. 754-12]
(10)
Decisions of the Zoning Administrator in enforcement of the Town of Bel Air Development Regulations and decisions of the Historic Preservation Commission may be appealed to the Bel Air Board of Appeals. Special development, special exception, variance, Historic Preservation Commission decisions and Zoning reclassification decisions may be appealed to the Circuit Court of Harford County in the manner set forth in the Land Use Article of the Annotated Code of Maryland, as amended from time to time.
[Amended 4-3-2017 by Ord. No. 780-17]
(11)
Zoning approvals/permits may be revoked by the Board of Town Commissioners in accordance with § 165-20E for failure to comply with conditions of approval or at such time as the approval period lapses.
(12)
Substantially identical requests shall not be resubmitted for a period of one year after a final decision denying the application.
§ 165-74 Preliminary conference.
A.
A preliminary conference with the Zoning Administrator and Director of Public Works is advisable for all new development or substantial improvements in the Town of Bel Air. Before undertaking the preparation of any plat of a property or taking action to develop property in any manner, the applicant or representative should consult with the Zoning Administrator and Director of Public Works to ascertain the zoning, subdivision, or stormwater management requirements or other regulations applicable, given the nature and location of the proposed development. The applicant shall provide, at the time of the preliminary conference, a sketch of the property, to approximate scale, showing the boundaries, general topography, important physical features, proposed stormwater management options, and other significant information, as well as his/her ideas or general intentions for the development of the property. The Zoning Administrator and Director of Public Works shall assist the applicant by furnishing information and advice to promote the best coordination between the plans of the applicant and the requirements and objectives of the Town. The Zoning Administrator and Director of Public Works will not undertake to design the proposed development or to perform other services for which a professional land planner should be more properly engaged.
B.
The preliminary conference review shall include consideration of the appropriateness of the proposed development for the area and zoning district within which the development is proposed. Special Development Regulations applicable to the proposal, as described by the applicant, shall be identified. The need for rezoning, special development, special exception, variance approval, a traffic impact analysis (TIA) and/or a Town of Bel Air Comprehensive Plan amendment shall also be ascertained so as to promote the best coordination between the plans of the applicant and those of the Town. If a TIA is required, the Zoning Administrator and the Director of Public Works shall assist the applicant in determining the scope of the TIA at this conference. If a TIA is required, it shall include a study of intersection capacity for study intersections, as well as an analysis of street operational issues on streets adjacent to the site and to the nearest collector or higher-functioning classification road, as measured from each point of entrance to the site.
§ 165-75 Concept plan review.
A.
Concept plan review shall be required for all proposed commercial, industrial and institutional development in excess of 5,000 square feet, and residential developments including 25 units or more. Developers of other types of development may request concept plan review. The concept plan review brings representatives from all reviewing agencies together to assist developers through the zoning and permit processes.
[Amended 4-3-2017 by Ord. No. 780-17]
B.
The applicant shall provide a sketch of the property, to approximate scale, showing the boundaries, general topography, important physical features, site and resource mapping, protection and conservation strategies, including preliminary stormwater management/environmental site design, and other significant information at the time of concept plan review. The Concept Plan Review Committee shall assist the applicant by furnishing information and advice to promote the best coordination between the plans of the applicant and the requirements and objectives of the Town. Meeting minutes and any pertinent committee recommendations will be forwarded to the applicant and all reviewing agencies.
C.
The Concept Plan Review Committee will not design the proposed development or perform other services for which a professional land planner should be more properly engaged. The concept plan review will provide the following assistance to the developer:
(1)
Evaluate the appropriateness of the proposed development for the area and zoning district in which it is located.
(2)
Identify any special Development Regulations or applicable Board of Appeals action required.
(3)
Identify the need for rezoning, special development approval and/or Bel Air Comprehensive Plan amendment.
(4)
Identify all pertinent reviewing agencies and application procedures relevant to the proposed development.
(5)
Provide feedback on design, infrastructure (roads, water, sewer, stormwater management, etc.), applicable permitting and hearing processes and any assistance programs, if applicable.
(6)
Ensure that all important resources have been mapped and protected and all opportunities to enhance natural areas have been explored early in the design process.
(7)
Assist in establishing the footprint of the proposed project and evaluation of the relationship between proposed impervious surfaces and existing natural conditions.
(8)
Provide direction for preparation of detailed designs, computations and grading plans for concept stormwater management plan review and approval prior to preliminary site plan review.
§ 165-76 Preliminary plan review.
A.
Application for all new development or substantial improvement or change in the Town of Bel Air shall include a completed preliminary plan checklist, as shown in Appendix A,[1] and a preliminary plan, drawn to scale, depicting the shape and size of the lot upon which application is being made. All dimensions on the plan relating to the location and size of the lot to be built upon shall be based upon an actual survey. The applicant shall submit an engineered site plan, landscape plan, lighting plan, a forest conservation plan as required in Chapter 216, Forest Conservation, of the Bel Air Town Code, and a stormwater management plan as required by Chapter 405, Stormwater Management, of the Bel Air Town Code for the Zoning Administrator's review. Application should include all pertinent background information, a written statement discussing the proposed use and any proposed accessory uses. The plan shall fulfill all requirements itemized on the preliminary plan checklist. A traffic impact analysis may be required based upon § 165-118D. All proposed projects to be reviewed by the Planning Commission shall be accompanied by colored renderings prepared by an architect and/or firm licensed in the State of Maryland showing all four sides of the building elevation.
[Amended 4-3-2017 by Ord. No. 780-17; 4-2-2018 by Ord. No. 783-18; 9-16-2019 by Ord. No. 792-19]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.
The preliminary plan, after having been determined to be complete by the Zoning Administrator and the Director of Public Works, shall be reviewed for conformance with the Town of Bel Air Development Regulations. The plan will then be processed as follows:
(1)
The Zoning Administrator shall determine whether the plan is complete and in conformance with checklist requirements.
(2)
If application is complete, plans are forwarded and reviewed by appropriate Town, county and state agencies. These may include, but are not limited to, the Department of Planning and Community Development, Public Works, Soil Conservation Service, Fire Department, Harford County, Fire Marshal's Office, and, where applicable, the State Highway Administration. The Zoning Administrator receives and coordinates various agency responses for submission to reviewing bodies.
(3)
If applicable, plans are forwarded to the Town Planning Commission for review at a public meeting, along with a staff report prepared by the Zoning Administrator, including, but not limited to, pertinent background information, concept plan minutes, if applicable, any review agency comments and other data, as appropriate. For historically designated properties, Historic Preservation Commission review is required.
(4)
The Planning Commission may approve, deny or approve with conditions a preliminary plan. If approved with conditions, the Planning Commission's approval letter shall state the basis for any required improvements. At any time, it may table any matter for further discussion or to acquire additional information. A decision shall be rendered within 60 days of the last Planning Commission review, unless an extension is agreed upon, in writing, by all parties involved in the hearing, or the plan shall be deemed approved. The Zoning Administrator may approve, deny or approve with conditions, a preliminary plan for buildings of less than 2,000 square feet in area, or expansion of less than 5% of the existing structure. If approved with conditions, the Zoning Administrator's approval letter shall state the basis for any required conditions. A decision shall be rendered within 60 days of the date of the submission of a complete preliminary plan to the Zoning Administrator, unless an extension is agreed upon, in writing, by the Zoning Administrator, the applicant and property owner or the plan shall be deemed approved.
[Amended 11-25-2011 by Ord. No. 744-11; 4-3-2017 by Ord. No. 780-17]
(5)
Approval of the preliminary site plan or subdivision plan shall be set forth in a letter from the Planning Commission or Zoning Administrator. This letter will include any conditions of approval and must be countersigned by the applicant and returned to the Department of Planning within 60 calendar days indicating acceptance of terms.
[Added 4-3-2017 by Ord. No. 780-17[2]]
[2]
Editor's Note: This ordinance also redesignated former Subsection B(5) as Subsection B(6).
(6)
Any change to the preliminary plan that alters the size, elevation, location or orientation of a building, stormwater management facility, a road or parking area or other site feature visible from the public right-of-way shall be subject to analysis by the original reviewing agency. A revised preliminary plan shall be submitted for review and approval prior to any further action.
[Amended 4-3-2017 by Ord. No. 780-17]
§ 165-77 Final site development plan.
If a preliminary site plan is approved or approved conditionally, the applicant must provide a final site development plan and all associated plans for applicable signatures. A plan is not determined to be final until all such plans are executed.
§ 165-78 Subdivision record plat.
[Amended 11-25-2011 by Ord. No. 744-11; 9-16-2019 by Ord. No. 792-19]
If a preliminary subdivision plan is approved or approved conditionally, a final plat of the subdivision plan must be submitted for recordation, along with a final forest conservation plan as required by Chapter 216, Forest Conservation, of the Bel Air Town Code. If approved with conditions, the Planning Commission's approval letter shall state the basis for any required improvements. Upon verification of adequacy, the plan shall be signed by the Chairman of the Planning Commission, the Director of Public Works, and the Health Department. A second original Mylar of the plat recorded in the Harford County land records shall be provided for the files of the Town Department of Planning and Community Development. All amendments to any record plat shall be copied to the Town as well. Any parcel consolidation or lot line adjustment may be reviewed and approved by the Zoning Administrator.
§ 165-79 Landscape plan/forest conservation plan.
[Amended 4-3-2017 by Ord. No. 780-17]
A landscape plan is required for all development projects. Larger lot development plans, as discussed in Article VI of this Part 2, may also require a forest conservation plan. The plans shall be submitted with the preliminary plan and shall meet requirements set forth in Article VIII of this Part 2 and the latest edition of the Town Landscape Manual. The review process is as follows:
A.
The applicant shall submit a landscape plan, including a forest stand delineation or environmental assessment, identifying all streams, floodplain zones, and nontidal wetlands, along with the preliminary plan.
B.
Plans will be reviewed by the Zoning Administrator for completeness and conformance with Article VIII of the Town of Bel Air Development Regulations.
C.
Plans will then be submitted to the Planning Commission, if applicable, for final review.
E.
Approved plans shall be fully implemented and certified prior to issuance of a use and occupancy certificate. Surety shall be provided prior to notice to proceed with construction.
[Amended 9-16-2019 by Ord. No. 792-19]
§ 165-80 Stormwater management permit.
[Amended 4-3-2017 by Ord. No. 780-17]
A stormwater management permit is required for all development unless specifically exempted. Variances are delineated in Chapter 405, Stormwater Management, of the Bel Air Town Code. The stormwater management permit process is as follows:
A.
For any proposed development, the owner/developer shall submit phased stormwater management plans to the Town for review and approval. At a minimum, plans shall be submitted for the concept, site development and final stormwater management construction phases of project design. Each plan submittal shall meet the requirements of the Design Manual and other provisions of Chapter 405, Stormwater Management, of the Bel Air Town Code.
B.
The applicant's engineer shall submit a cost estimate with the final stormwater management review documents.
C.
The applicant's engineer shall certify construction of all stormwater management facilities upon completion of the facilities.
D.
The applicant shall submit a maintenance schedule and execute a maintenance agreement for the facility(ies) which shall be recorded in the land records of Harford County.
§ 165-81 Public works agreement.
A public works agreement (PWA) is required for any subdivision or development project where it is necessary for the developer/owner to construct roads, utilities or other facilities which will be conveyed to the Town for ownership, operation and maintenance. The PWA shall specify the necessary improvements and construction methods by reference to an engineering plan approved by the Town.
A.
The necessary roads, utilities and/or facilities shall be as required by the Director of Public Works and approved by the Planning Commission and/or the Board of Town Commissioners.
B.
The necessary roads, utilities and/or facilities are first identified during the concept plan review meeting, if applicable, and further detailed as part of the preliminary site plan review process.
C.
After the final site plan is approved, the PWA is drafted by the Director of Public Works and reviewed by the developer/owner.
D.
Prior to executing the PWA, the developer/owner shall have:
(1)
Final construction drawings approved by the Town;
(2)
A grading permit approved by the Town;
(3)
A stormwater management permit and maintenance agreement for private stormwater management systems (if applicable) approved by the Town (the stormwater maintenance agreement must be entered in the Harford County land records);
(4)
Sewer and/or water construction permits (as applicable) approved by the State of Maryland;
(5)
A cost estimate for the total scope of construction for public improvements approved by the Town;
(6)
All necessary easements, cross easements and other agreements with the Town and/or third parties, signed and entered in the Harford County land records, as necessary;
(7)
A properly executed payment and performance bond for the total cost of the construction; and
(8)
The developer/owner shall have satisfied any other requirements as previously determined by the Director of Public Works.
E.
The Board of Town Commissioners shall approve the PWA and authorize the Town Administrator to execute the PWA for the Town.
F.
The developer/owner and the Town shall execute the PWA.
G.
No construction is to start until the Director of Public Works issues a written notice to proceed.
§ 165-82 Building permit.
[Amended 10-1-2012 by Ord. No. 754-12; 4-3-2017 by Ord. No. 780-17; 9-16-2019 by Ord. No. 792-19]
A building permit is required for the construction, alteration, demolition (or movement) or change of use of a structure, as well as the installation or alteration of any regulated equipment. A shed permit is required for a structure under 200 square feet and is regulated as an accessory structure. Except for single-family dwellings, any new construction and/or renovations exceeding 2,000 square feet or expansion of more than 5% of an existing structure require Planning Commission approval. The Zoning Administrator is authorized to review, approve or disapprove projects under 2,000 square feet or less than 5% of the existing structure. Once an application for a building permit has been submitted to the Department of Public Works, the Department of Planning and Community Development reviews to determine whether all requirements of the Town of Bel Air Development Regulations are met. Before a building permit is issued by the Building Official, all required easements, property conveyances (including deeded rights-of-way), stormwater management permits, grading permits, other state and local permits, cross-easement agreements, fees, bonds, etc., must be executed and, if applicable, entered into the land records of Harford County.
§ 165-83 Sign permit.
An approved sign permit is required prior to placement or action toward placement of any sign as specified in Chapter 165, Part 3, of the Town of Bel Air Development Regulations. Application for a sign in an historic district or on a designated historic site is subject to approval by the Historic Preservation Commission prior to issuance of the permit. The sign permit process is as follows:
A.
The applicant shall submit a formal application accompanied by a scale drawing showing size, location, design, color scheme and footings, if applicable, for approval of the proposed signage.
B.
The applicant shall provide any additional information determined necessary by the Zoning Administrator in order for the Zoning Administrator to make a determination of the request's merit. The review shall be based on Article XV, Sign Regulations, of Chapter 165, Part 3, of the Town of Bel Air Development Regulations and any pertinent design standards as specified in Article IV, Overlay Districts, or Article V, Historic Resource Conservation Regulations, in the Town of Bel Air Development Regulations.
C.
The request is approved or denied by the Zoning Administrator and the Historic Preservation Commission, if applicable.
D.
Aggrieved parties may file an appeal to the Board of Appeals within 30 days of the decision.
§ 165-84 Use and occupancy certificate.
[Aended 9-16-2019 by Ord. No. 792-19]
A.
A use and occupancy certificate shall be issued by the Town of Bel Air Building Official and Town of Bel Air Zoning Administrator, or their designees, prior to the use or occupancy of any structure. Property owners shall be responsible for submitting a request for a use and occupancy certificate prior to occupying a property in order to ensure that all zoning, building and Fire Code requirements are satisfied. Requests are submitted to the Department of Public Works. Both the Department of Planning and Community Development and the Public Works Department review the request to ensure all Code requirements are satisfied. The property owner of a multitenant commercial and/or industrial structure shall be responsible for applying for a use and occupancy certificate each time the use of the structure or the occupant of any tenant space changes, except as hereinafter provided.
B.
A corporate office, as defined in Article XIV hereof, may be issued a blanket use and occupancy certificate for the corporate office building. A separate use and occupancy certificate would not be required for each tenant space located within the corporate office building, provided the tenant space is occupied only by tenants in the same use classification as approved on the blanket use and occupancy certificate. However, notwithstanding the foregoing, any substantial alteration of a tenant space shall require a separate use and occupancy certificate prior to occupancy as provided above.
§ 165-85 Home occupation/professional office certification.
Home occupations and professional offices occupying not more than 300 square feet and employing only persons who are members of the household are permitted as of right. Such uses are considered an accessory use per Article X of this Part 2. A home occupation certificate is required. Certification of home occupation and professional office uses is subject to the following procedures and requirements:
B.
The applicant shall provide any additional information determined necessary by the Zoning Administrator in order for the Zoning Administrator to make a determination of the request's merits. The review shall be based upon the performance and development standards specified in Article VII of this Part 2.
C.
The request is approved or denied by the Zoning Administrator.
D.
Aggrieved parties may file an appeal to the Board of Appeals within 30 days of the decision. Home occupations and professional offices occupying more than 300 square feet or employing a person not a member of the household may be permitted as a special exception if Development Regulations criteria are satisfied and the application is approved by the Board of Appeals. One employee who is not a member of the household is permitted by right in the Transition Overlay District. Three employees or tenants who are not members of the household are permitted as a special exception in the Transition Overlay District. The certification procedures remain the same.
[Amended 2-21-2012 by Ord. No. 748-12]
§ 165-86 Fence permit.
An approved fence permit is required prior to construction of a fence, as specified in Article X of this Part 2. The fence permit process is as follows:
A.
The applicant shall submit a formal application to the Zoning Administrator, accompanied by a sketch showing the plan of the proposed fence.
B.
The applicant shall provide any additional information determined necessary by the Zoning Administrator in order for the Zoning Administrator to make a determination of the request's merit. The review shall be based on the accessory use requirements as described in Article X of this Part 2 and any pertinent design standards as specified in Article V, Historic Resource Conservation Regulations, in this Part 2.
C.
The request is approved or denied by the Zoning Administrator.
D.
Aggrieved parties may file an appeal to the Board of Appeals within 30 days of the decision.
E.
Application for a fence in an historic district or on a designated historic site is subject to approval of the Historic Preservation Commission prior to issuance of the permit.
§ 165-87 Temporary permit.
A.
Temporary permits may be approved by the Zoning Administrator for specific uses identified in Articles III and X of this Part 2. Permit applications are available at the Department of Planning and Community Development. The temporary permit process is as follows:
(1)
The applicant shall submit a formal application for approval of the proposed temporary use or temporary event at least 10 days prior to the proposed event.
(2)
The applicant shall provide any additional information determined necessary by the Zoning Administrator in order for the Zoning Administrator to make a determination of the request's merits. The review shall be based on the performance and development standards specified in Article VII of this Part 2.
(3)
The request is approved or denied by the Zoning Administrator.
(4)
Aggrieved parties may file an appeal to the Board of Appeals within 30 days of the decision.
B.
Temporary outdoor sales events or tent sales which are directly related to the established, on-site business and nonrelated sales events for fewer than 14 days may be approved by the Zoning Administrator. All applicable performance standards as cited in Article VII and temporary use requirements as specified in § 165-71 shall be satisfied.
C.
Temporary outdoor sales events or tent sales sponsored by for-profit organizations, except those specifically exempted in § 165-71D(4) of this Part 2, which are not directly related by product and ownership to the established on-site business may not be conducted for more than 14 days per calendar year. The Zoning Administrator may approve no more than four for-profit outdoor sales events per property per year. Any additional requests shall be subject to special exception requirements as cited in Article XII of this Part 2. Other temporary events and uses may be approved by the Zoning Administrator as specified in Article X of this Part 2.
§ 165-88 Annexation.
Annexation of properties into the Town shall be initiated in accordance with Maryland state law. Initiation may occur through two means, pursuant to the Annotated Code of Maryland: initiative of the Board of Town Commissioners or request by the property owner. The process is as follows:
A.
The applicant shall submit written consent from the owners of 25% of the assessed value of land in the area to be annexed and/or 25% of the voters in the area in the form of a petition in order to initiate the annexation process.
B.
If the petition is accepted by the Board of Town Commissioners, an annexation plan, in accordance with the Local Government Article, of the Annotated Code of Maryland, shall be adopted by the Board of Town Commissioners. The annexation plan shall be forwarded to Harford County, Maryland Department of Planning and the Baltimore Metropolitan Council for comments at least 30 days prior to the required public hearing. Copies of the annexation plan shall also be available for public review.
[Amended 4-3-2017 by Ord. No. 780-17]
C.
The annexation plan shall include a description of the area to be annexed, a description of available land for public services needed to service the proposed use, a statement describing the schedule for extending services to the area to be annexed, and a general description of the methods anticipated to finance the extension of municipal services into the area.
D.
Following the review period, a resolution for the annexation shall be introduced, which shall include a description of the land to be annexed, any proposed conditions and the proposed zoning designation of the property.
E.
Notice of the annexation proceeding shall be published for four weeks at weekly intervals, or, if 25 acres or less, two times at weekly intervals, prior to public hearings. Appropriate intergovernmental bodies shall also be advised and involved.
F.
Public hearings shall be held at least 15 days after the last newspaper notice.
G.
The Board of Town Commissioners approve/disapprove the resolution.
H.
If approved, a summary of final resolution of the Board of Town Commissioners shall be published four times in four consecutive weeks.
I.
The Town shall submit information to the State Department of Legislative Services as required by the Local Government Article of the Annotated Code of Maryland.
[Amended 11-25-2011 by Ord. No. 744-11; 4-3-2017 by Ord. No. 780-17]
J.
For 45 days following approval, referendum may be initiated. If disapproved by the Board of Town Commissioners, the annexation process is terminated.
§ 165-89 Purpose.
Certain uses require additional analysis due to their size, scale, or possible impact on adjoining properties. Also, on occasion, it is necessary to provide variances from the specific requirements of the Town of Bel Air Development Regulations due to the configuration or specific conditions of a parcel. This article outlines the procedures the reviewing agencies must follow in considering such development proposals. These procedures are intended to ensure that the following development objectives are satisfied:
A.
Meet the goals and objectives of the Land Use Element of the Town of Bel Air Comprehensive Plan.
B.
Establish adequate land use controls while protecting the public interest.
C.
Facilitate development that is responsive to current and future market conditions.
D.
Permit flexible development, scale and configuration on individual lots where standard regulations would create practical difficulty or hardship.
§ 165-90 Applications to Board of Appeals; appeals; hearings; stay of proceedings.
A.
Applications: when and by whom taken. In cases in which the Board of Appeals has original jurisdiction under the provisions of the Town of Bel Air Development Regulations, an application may be made by any property owner(s) or his/her representative(s) or by any contract purchaser, optionee or tenant, along with the consent of the record owner(s), or by a governmental officer, department, board or bureau. Such application shall be filed with the Zoning Administrator, who shall transmit the same to the Board of Appeals. The petitioner shall be responsible for providing the name and mailing address of all adjoining property owners. Written notice shall be mailed by the Department of Planning and Community Development to all adjoining property owners (based on information provided by applicant) 10 days prior to public hearing.
B.
Appeals: when and by whom taken. An appeal to the Board of Appeals may be requested by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the Zoning Administrator. Such appeal shall be taken within 30 days after the decision by filing an application to the Board of Appeals specifying the grounds for appeal. The Zoning Administrator shall transmit to the Board of Appeals all of the papers constituting the record upon which the action appealed from was taken.
C.
Hearings. The Board of Appeals shall schedule the hearing of the application or appeal, provide one public notice of the same in a paper of general circulation in Bel Air, at least 10 days before the hearing, post a notice on the property in question at least 10 days before the hearing, give at least 15 days' notice to applicant and adjoining property owners, and decide the same within 60 days of the closing of the public hearing, unless an extension, detailed in writing, is agreed upon by all parties. At the hearing, any party may appear in person or by agent or attorney. Any party adversely affected by a decision of the Board of Appeals may appeal to the Circuit Court for Harford County in the manner set forth in the Land Use Article of the Annotated Code of Maryland, as amended from time to time. This appeal must be filed within 30 days of the Board of Appeals' written decision. The Court may affirm, reverse, vacate or modify the decision complained of in the appeal.
[Amended 4-3-2017 by Ord. No. 780-17; 9-16-2019 by Ord. No. 792-19]
D.
Stay of proceedings. An appeal made to the Board of Appeals shall stay all proceedings in the furtherance of the action appealed from unless the Zoning Administrator certifies to the Board of Appeals, after notice of appeal shall have been filed, that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Appeals or by the Circuit Court for Harford County, upon application after notice has been properly made and due cause has been shown. The Maryland Rules shall apply when an appeal is taken to the Circuit Court or beyond.
E.
Action of the Board of Appeals. In exercising its powers, the Board of Appeals may, in conformity with the provisions of statute and of the Town of Bel Air Development Regulations, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision, or determination as ought to be made and, to that end, shall have all the powers of the officer from whom the appeal is taken.
§ 165-91 Powers of Board of Appeals.
[Amended 4-3-2017 by Ord. No. 780-17; 5-6-2024 by Ord. No. 829-24]
A.
Administrative. The Board of Appeals shall have the power to hear and decide appeals where it is alleged there is error in any order, requirements, decision, or determination made by an administrative official in the enforcement of the provisions of said Land Use Article and of the Town of Bel Air Development Regulations adopted pursuant thereto.
B.
Limitations, guides and standards.
(1)
In the case of special exceptions and variances, which require Board of Appeals approval, and whenever in the Town of Bel Air Development Regulations certain powers are conferred upon the Board of Appeals, or the approval of the Board of Appeals is required before a permit may be issued, or the Board of Appeals is called upon to decide certain issues, the Board of Appeals shall:
(2)
The application for a permit shall not be approved where the Board of Appeals finds a proposed building, addition, extension of building or use, sign, use or change of use would:
(3)
In deciding an appeal, the Board of Appeals shall give consideration, among other things, to the following information, when applicable:
(a)
The number of people residing, working or studying in the immediate areas.
(b)
Traffic conditions, including facilities for pedestrians, such as sidewalks and safety zones, availability of parking facilities, impact of ingress, egress, and level of service of nearby intersections.
(c)
Potential impact upon the orderly growth of the neighborhood and community.
(d)
Potential impact upon the needs of the entire community and particular neighborhoods.
(f)
The effect of odors, dust, gas, smoke, fumes, vibrations, glare and noise upon the use of surrounding properties.
(g)
Facilities for sewers, water, trash and garbage collection and disposal, and the availability of such services.
(h)
Availability of fire-fighting equipment and accessibility to the site for such equipment.
(i)
Decisions of the public courts of Maryland.
(j)
The effect of such use upon the peaceful enjoyment of people in their homes.
(k)
The most appropriate use of land and structures as determined and indicated by the Town of Bel Air Comprehensive Plan and other neighboring uses.
(l)
The type and kind of structures in the vicinity where people are apt to gather in large numbers, such as schools, churches, theaters, hospitals and the like.
(m)
The Town of Bel Air Comprehensive Plan component for land use, transportation, housing, economic development, urban design and community facilities.
(n)
The preservation of cultural and historic landmarks and significant archeological features.
(o)
The conservation of property values.
(p)
The contribution, if any, such proposed use, building or addition would make toward the deterioration or improvement of areas and neighborhoods.
(q)
The effect of the proposed use on light and air in the neighborhood.
(r)
The potential danger of fire or explosion associated with the proposed structure or use.
(s)
All applicable Town of Bel Air Development Regulations.
C.
Decisions of Board. The Board of Appeals shall render its decision based upon its review of the information submitted by the applicant, along with any staff comments or opinions which the Zoning Administrator may submit, as well as comments received from proponents and opponents in attendance at the public hearings.
§ 165-92 Variances.
A.
General. The Board of Appeals is authorized to grant variances from the terms of the Town of Bel Air Development Regulations as provided in the Land Use Article of the Annotated Code of Maryland. Minor variances as specified in Subsection H of this section may be approved by the Zoning Administrator or his/her designee.
[Amended 4-3-2017 by Ord. No. 780-17]
B.
Special regulations.
(1)
In order to grant a variance, the Board of Appeals or the Zoning Administrator or his/her designee, whichever is applicable, must find, by clear and convincing evidence, each of the following:
(a)
Uniqueness. The subject property has an inherent characteristic or condition not generally shared by other surrounding properties, i.e., its shape, topography, subsurface condition, environmental factors, historical significance, practical restrictions imposed by abutting properties or the uses thereon, or other restrictions.
(b)
Practical difficulty.
[1]
Strict compliance with the Town of Bel Air Development Regulations would unreasonably prevent the applicant from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome; however, that the granting of the variance would make the property more profitable is not sufficient reason to grant a variance.
[2]
Granting the variance would do substantial justice to the applicant, as well as to other property owners in the area.
[3]
The variance can be granted in such a way that the spirit of the Town of Bel Air Development Regulations will be observed and public safety and welfare secured.
[4]
The practical difficulty is caused by the property's uniqueness and is not personal to the applicant nor the result of acts of the applicant, the property owner, or his/her predecessor in title.
(2)
If a lesser relaxation than that applied for will give substantial relief to the applicant and be more consistent with justice to other property owners, the Board of Appeals is authorized to grant that lesser relief.
C.
Conditions of approval. In authorizing a variance, the Board of Appeals or Zoning Administrator or his/her designee, whichever is applicable, may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as may be deemed necessary in the interest of the furtherance of the purposes of the Town of Bel Air Development Regulations and in the interest of the public. In authorizing a variance with attached conditions, the Board of Appeals or Zoning Administrator or his/her designee, whichever is applicable, shall require such evidence and guarantee or bond as may be deemed necessary to ensure that the conditions attached are being and will be complied with.
D.
Lapse of variance. After the Board of Appeals or Zoning Administrator or his/her designee, whichever is applicable, has granted a variance, the variance so granted shall lapse two years from the date of the final decision. However, no lapse shall take place if the change of use has taken place, if the construction of buildings has been completed or if a good faith commencement of construction has occurred and substantial, visible construction has taken place in accordance with the plans for which such variance was granted. Within 30 days of the expiration of the two-year period, or any extension previously granted, the property owner may submit an application to the Board of Appeals or Zoning Administrator or his/her designee, whichever is applicable, requesting one additional extension for a period of one year. The Board of Appeals or Zoning Administrator, whichever is applicable, may grant an extension upon good cause shown.
E.
Existing variance modifications and amendments. The requirements of the Town of Bel Air Development Regulations shall not apply to any variance approved prior to enactment of the Town of Bel Air Development Regulations or amendments thereto. Any modifications or amendments to a variance approved prior to the enactment of the Town of Bel Air Development Regulations which are not in accordance with the terms of the Town of Bel Air Development Regulations shall require the approval of the Board of Appeals pursuant to Subsection C of this section.
F.
Resubmission of variance. Substantially identical variance requests may not be resubmitted for a period of one year after the final decision.
G.
Modification of a variance. The procedure for modification of a variance already approved or a request for a change of conditions attached to an approval shall be the same as for a new application.
H.
Administrative variance approvals.
(1)
The Zoning Administrator is authorized to hear variance requests for minor screening, landscaping, fencing provisions related to type, location and height of these accessory uses and for modifications of setback or lot width requirements of not more than 10%. Upon receipt of an application, a public hearing shall be scheduled before the Zoning Administrator or his/her designee. The property would then be posted, with a notice of the request and hearing date, at least seven days before the hearing. The applicant and adjoining property owners shall be given notice of the hearing date and time at least 10 days prior to the public hearing.
(2)
In determining his/her decision, the Zoning Administrator or his/her designee shall follow the Board of Appeals procedures outlined in Subsections A through G of this section. A written decision shall be provided to the applicant within 30 days of the closing of the public hearing, unless an extension, detailed in writing, is agreed upon by all parties. At the hearing, any party may appear in person or by agent or attorney. Any party adversely affected by a decision of the Zoning Administrator or his/her designee may appeal to the Board of Appeals. The appeal must be filed within 30 days of the Zoning Administrator's decision. The Zoning Administrator would then schedule a new hearing before the Board of Appeals which would be heard in the same manner as an original application to the Board of Appeals (de novo).
§ 165-93 Special exceptions.
A.
General. Recognizing that a special exception is a use legislatively predetermined to be conditionally compatible with the uses permitted as of right in a particular zone, the Board of Appeals shall have the power to hear and decide special exception requests in accordance with the provisions of the Town of Bel Air Development Regulations. Additionally, prior to approving a special exception request, the Board of Appeals must find that there would be no adverse impact caused by approval of the request.
B.
Conditions of approval.
(1)
In connection with any approval of any request, the Board of Appeals may require the installation of such devices and methods of operation as may be reasonably required to prevent adverse effects from the proposed use, including but not limited to hazardous or congested traffic conditions, odor, smoke, dust, gas, noise or other similar nuisances. The Board of Appeals may impose such other conditions as may be necessary to protect adjacent properties and neighborhoods from adverse effects of the use.
(2)
The conditions may include but are not limited to:
(a)
Prohibition against outside signs or advertising structures, except professional or directional signs.
(b)
Limitation of signs as to size, type, color, location or illumination.
(c)
Specification of the amount, direction and location of outdoor lighting.
(d)
Number and location of off-street parking and loading space.
(e)
Requirements related to the building construction, design and materials, including, but not limited to, roof design, building connection and disconnection with other units, location of exits, doors and windows and cleaning or painting of building.
(f)
Requirements related to paving, shrubbery, landscaping, ornamental or screening fences, walls and hedges.
(g)
Specification of permitted hours of operation.
(h)
Prohibition of structural changes.
(i)
Requirements related to the control and elimination of smoke, dust, gas, noise or vibration caused by the use.
(j)
Requirements for termination of a use, based on a lapse of time, as permitted by law.
(k)
Specification of required improvements to ingress and egress.
(l)
Specification of required improvements to street frontage.
(m)
Requirements of specific fire and safety improvement.
(n)
Requirements for improvements to intersections adjacent to the proposed development.
(3)
In authorizing a special exception, the Board of Appeals shall require such guarantee or bond as it may deem necessary to ensure compliance with all the conditions imposed on the approval.
C.
Lapse of special exception. After the Board of Appeals has approved a special exception, the special exception so approved or granted shall lapse two years from the date of the final decision. However, no lapse shall take place if the change of use has taken place, if the construction of buildings has been completed or if a good faith commencement of construction has occurred and substantial, visible construction has taken place in accordance with the plans for which such special exception was granted. Within 30 days of the expiration of the two-year period, or any extension previously granted, the property owner may submit an application to the Board of Appeals requesting an additional extension or extension for a period of one year. The Board of Appeals may grant an extension upon good cause shown.
D.
Existing special exception: modifications and amendments. The requirements of the Town of Bel Air Development Regulations shall not apply to any special exception approved prior to enactment of the Town of Bel Air Development Regulations or amendments thereto. Any modifications or amendments to a special exception approved prior to the enactment of the Town of Bel Air Development Regulations which are not in accordance with the terms of the Town of Bel Air Development Regulations shall require the approval of the Board of Appeals pursuant to this section.
E.
Revocation of permits. Special exception approvals may be revoked by the Board of Town Commissioners, in accordance with the provisions of § 165-20E herein, for failure to comply with conditions of approval or applicable regulations.
F.
Guarantees. The Board of Appeals may require a bond, irrevocable letter of credit, or other appropriate guarantee as may be deemed necessary to ensure satisfactory performance with regard to all or some of the conditions of the special exception.
G.
Discontinuance of use. When an approved special exception of a building, structure or land has ceased operation for one year, the special exception approval of the building, structure or land shall automatically expire.
H.
Resubmission of special exception. Substantially identical special exception requests may not be resubmitted for a period of one year after the final decision.
I.
Modification of special exception. The procedure for modification of a special exception already approved, or a request for a change of conditions attached to an approval, shall be the same as for a new application.
§ 165-94 Special developments.
A.
General. Recognizing that certain uses are compatible with other uses permitted in a district, with or without the imposition of conditions, the special developments listed in the district regulations of the Town of Bel Air Development Regulations may be permitted in accordance with the procedures set forth in this section. A development plan shall be submitted for an approval of a special development. The development plan should be considered a part of a special development. Special development shall be considered by the Planning Commission to determine the compliance of the development with the appropriate regulations. The Planning Commission may approve, with or without conditions, or deny the request for special development approval.
B.
Specific regulations. The following procedures shall be followed in review of applications for special development approvals:
(1)
The applicant shall submit a formal application stating the request, along with plans as prescribed in the Town checklist. (See Appendix A.[1]) Additionally, applicants shall provide the name and mailing address of all adjoining property owners.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(2)
A preliminary site plan complying with the requirements of Chapter 165, Part 4, of the Town of Bel Air Development Regulations shall accompany an application for approval of a special development under this Part 2, together with such information as may be required for a determination of the nature of the proposed use and its effect on the Town of Bel Air Comprehensive Plan, the neighborhood, and surrounding properties.
(3)
Requests shall be reviewed by the appropriate Town, county and state agencies, as appropriate.
(4)
A public hearing shall be scheduled before the Planning Commission, and one public notice of the hearing placed in a local paper of general circulation at least 10 days prior to the hearing. Property shall be posted at least 10 days prior to the public hearing. Written notice shall be mailed to all abutting property owners (based on information provided by applicant) at least 15 days prior to the public hearing.
[Amended 9-16-2019 by Ord. No. 792-19]
(5)
Public hearing held.
(6)
The special development is approved, denied, or approved subject to conditions. The Planning Commission may table the matter for further discussion or to gather additional information. In any case, a decision shall be rendered within 60 days of the first hearing date, unless an extension is agreed upon by the applicant and the Town.
C.
Conditions of approval. The Planning Commission may impose conditions upon an approval of a special development request.
(1)
The conditions may include, but are not limited to:
(a)
Requirements related to the building construction, design and materials, including, but not limited to, roof design, building connection and disconnection with other units, enclosure, location of exits, doors and windows and cleaning or painting of building.
(b)
Requirements related to paving, shrubbery, landscaping, ornamental or screening fences, walls and hedges.
(c)
Specification of the amount, direction and location of outdoor lighting.
(d)
Specification of permitted hours of operation.
(e)
Limitations on the location of signs.
(f)
Prohibition of structural changes.
(g)
Requirements related to the control and elimination of smoke, dust, gas, noise or vibration caused by the use.
(h)
Requirements for termination of a use, based on a lapse of time, as permitted by law.
(i)
Specification of required improvements to ingress and egress.
(j)
Specification of required improvements to street frontage.
(k)
Requirements for specific fire and safety improvements.
(m)
Requirements for parking lots, property maintenance and security, including litter and trash removal.
(2)
Unless otherwise specified in the Town of Bel Air Development Regulations, or specified as a condition of approval, the height limits, yard spaces, lot areas and sign requirements shall be the same as for other uses in the district in which this special development is located.
D.
Lapse of special development approval. After the Planning Commission has approved a special development, the special development approval shall lapse two years from the date of the final decision. However, no lapse shall take place if the change of use has taken place or if the construction of the building has been completed or if a good faith commencement of construction has occurred and substantial, visible construction has taken place in accordance with the plans for which such special development was granted. Within 30 days of the expiration of the two-year period, or any extension previously granted, the property owner may submit an application to the Planning Commission requesting an extension for a period of one year. The Planning Commission may grant an extension upon good cause shown.
E.
Existing special developments. The requirements of the Town of Bel Air Development Regulations shall not apply to a preexisting conditional use or special development approved prior to enactment of the Town of Bel Air Development Regulations or amendments thereto.
F.
Revocation of approvals. Special development approvals may be revoked by the Board of Town Commissioners, in accordance with the provisions of § 165-20E herein, for failure to comply with conditions of approval or applicable regulations.
G.
Guarantees. The Town may require a bond, irrevocable letter of credit, or other appropriate guarantee as may be deemed necessary to ensure satisfactory performance with regard to all or some of the conditions of the special development.
H.
Discontinuance of use. When an approved special development use has ceased operation for one year, the special development approval for the use of a building, structure or land shall automatically expire.
I.
Modification or amendment of approval. A special development approval may not be transferred to another property, nor may the use category be changed, without further approval of the Planning Commission. A building expansion of 5% or 2,000 square feet, whichever is less, on a previously approved special development shall require modification of that approval of the Planning Commission. The procedure for such a request shall be the same as for a new application.
[Amended 4-3-2017 by Ord. No. 780-17]
J.
Resubmission of special development. Substantially identical special development requests may not be resubmitted for a period of one year after the final decision.
§ 165-95 Appeals to court.
[Amended 4-3-2017 by Ord. No. 780-17]
Any person adversely affected by a special development decision of the Planning Commission may appeal to the Circuit Court of Harford County in the manner set forth in the Land Use Article of the Annotated Code of Maryland, as amended from time to time. The Court may affirm, reverse, vacate or modify the decision complained of in the appeal. Such appeal shall be filed within 30 days of the Planning Commission's decision.
§ 165-96 Fees.
A fee shall be charged for filing and handling each application or appeal provided for in this Part 2, in an amount to be determined from time to time by the Board of Town Commissioners.
§ 165-97 Adjustment of district boundaries.
The Board of Town Commissioners may authorize, after notice to the owners of the properties affected and/or by a notice published in a paper of general circulation in Bel Air and after public hearing, adjustments of district boundaries as follows:
A.
Where the street or lot layout actually on the ground, or as recorded, differs from the street and lot lines as shown on the Zoning Maps, the Board of Appeals shall interpret the maps in such a way as to carry out the intent and purpose of the Town of Bel Air Development Regulations for the particular section or district in question.
B.
The Board of Appeals may permit the extension of a district, where the boundary line of a district divides a lot held in single ownership on the effective date of the Town of Bel Air Development Regulations, by not more than 100 feet beyond the boundary line.
§ 165-98 Nonconforming uses.
The Board of Appeals may hear and decide requests relating to nonconforming uses, buildings and structures as authorized and described in Part 3, Signs, and Part 2, Article III, Establishment and Regulation of Zoning Districts, and Article IX, Special Provisions and Modifications, of the Town of Bel Air Development Regulations.
§ 165-99 Purpose.
[Amended 4-3-2017 by Ord. No. 780-17]
This article provides for periodic amendment or repeal of zoning regulations in accordance with the Land Use Article, of the Annotated Code of Maryland. It is intended to provide an outline of procedures necessary to effect changes to regulations and to meet the changing development requirements of the Town and its citizens.
§ 165-100 Authorization; Planning Commission recommendation.
A.
The Board of Town Commissioners may, by ordinance, amend, supplement, or change the regulations, district boundaries, or classifications of property now or hereinafter established by the Town of Bel Air Development Regulations or amendments thereof. Initiation of such amendment, supplement, or change is by resolution of the Board of Town Commissioners, motion of the Planning Commission, or by petition of any property owner. Petition shall be addressed to the Board of Town Commissioners. The Board of Town Commissioners may also designate a property, site or group of properties as historic, based on the Historic Preservation Commission's recommendation and the requirements noted in Article V, Historic Resource Conservation Regulations, in this Part 2.
B.
Any proposed amendment, supplement or change to the Town of Bel Air Development Regulations text, district boundaries or classification of property originating with or received by the Board of Town Commissioners may be referred by them to the Planning Commission for an investigation and recommendation if the Board of Town Commissioners decides to proceed with further action on the request. The Planning Commission in such case shall cause an investigation to be made as it deems necessary.
§ 165-101 Review and approval process.
A.
After receiving the recommendation of the Planning Commission on any proposed amendment, supplement, or change, and before adopting such amendment, the Board of Town Commissioners shall hold a public hearing in relation thereto, at which time parties in interest and citizens shall have an opportunity to be heard. Notice of the time and place of the public hearing, together with a summary of the proposed regulation, restriction, or boundary, shall be published in at least one newspaper of general circulation in the jurisdiction, once each week for two successive weeks, with the first such publication of notice appearing at least 14 days prior to the hearing.
B.
In case of any amendment which would alter the Town of Bel Air Comprehensive Plan Land Use Map, the Zoning Map[1] or would otherwise have the purpose and effect of changing the zoning classification of any specific property, the Board of Town Commissioners must include the recommendation of the Planning Commission in the findings of fact on which it bases such amendment. For all Zoning Map amendment requests, the following procedures shall be followed:
(1)
The applicant submits a formal application for hearing before the Planning Commission and the Board of Town Commissioners indicating existing and proposed zoning designation, along with a plat prepared in conformance with the Town checklist[2] and a written statement describing how rezoning satisfies conditions set forth in the Land Use Article of the Annotated Code of Maryland. Additionally, the applicant shall provide the name and address of all adjoining property owners.
[Amended 4-3-2017 by Ord. No. 780-17]
[2]
Editor's Note: See Appendix A, Checklist for Site Plan Review, which is included as an attachment to this chapter.
(2)
The request is reviewed by appropriate Town, county and state agencies.
(3)
The request is reviewed by the Planning Commission, which submits a written recommendation for approval or denial to the Board of Town Commissioners. The Planning Commission may table the matter for further discussion or to gather additional information. In any case, a decision shall be rendered within 60 days of the initial hearing before the Planning Commission, unless an extension is agreed upon by the applicant and the Town.
(4)
A public hearing is scheduled before the Board of Town Commissioners, and public notice placed in a local paper for two consecutive weeks. The first notice shall appear at least 14 days prior to the hearing. Property shall be posted 10 days prior to the public hearing. Written notice shall be mailed to all adjoining property owners (based on information provided by applicant) 10 days prior to the public hearing.
(5)
A public hearing is held before the Board of Town Commissioners. The applicant is responsible for meeting requirements of the Land Use Article of the Annotated Code of Maryland and for presenting evidence necessary to meet legal requirements for rezoning. Prior to making its decision, the Board of Town Commissioners shall make findings as to whether change or mistake has occurred and make findings as specified in the Land Use Article of the Annotated Code of Maryland.
[Amended 4-3-2017 by Ord. No. 780-17]
(6)
The Board of Town Commissioners approves or denies the request. The Board of Town Commissioners may table the matter for further discussion or to gather additional information. In any case, a written decision shall be rendered within 60 days of the first hearing date, unless an extension is agreed upon by all parties involved.
(7)
If approved, the rezoning becomes effective 21 days after Board of Town Commissioners approval.
(8)
Any person adversely affected by a rezoning decision, map amendment or historic site/district designation of the Board of Town Commissioners may appeal to the Circuit Court of Harford County in the manner set forth in the Land Use Article of the Annotated Code of Maryland, as amended from time to time. The Court may affirm, reverse, vacate or modify the decision complained of in the appeal.
[Amended 4-3-2017 by Ord. No. 780-17]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
§ 165-102 Resubmission of amendment requests.
When the Board of Town Commissioners has officially adopted or rejected an application to amend, supplement, or change these regulations or the boundaries of any district or classification of any amendment thereof, it shall not be required to consider another application which, in its opinion, is for substantially the same change until at least one year has elapsed since the time of final decision.
§ 165-103 Purpose.
This article is intended to clarify the meaning of specific terms used throughout the Town of Bel Air Development Regulations. The meaning and construction of words and phrases defined in this article apply throughout the Development Regulations, except where the context clearly indicates a different meaning or construction. Any word or term not defined in this article shall have the ordinarily accepted definition as set forth in the most recent edition of Webster's International Dictionary of the English Language.
§ 165-104 Terms defined.
[Amended 5-2-2011 by Ord. No. 741-11; 7-16-2012 by Ord. No. 753-12; 10-1-2012 by Ord. No. 754-12; 4-3-2017 by Ord. No. 780-17; 4-2-2018 by Ord. No. 783-18; 9-16-2019 by Ord. No. 792-19; 10-21-2019 by Ord. No. 794-19; 11-1-2021 by Ord. No. 806-21; 7-17-2023 by Ord. No. 813-23; 7-17-2023 by Ord. No. 813-23; 3-3-2025 by Ord. No. 839-25; 6-2-2025 by Ord. No. 841-25; 9-15-2025 by Ord. No. 846-25]
The following definitions shall be used in the interpretation and construction of the Development Regulations:
The relinquishment of the right to use or cessation of the use of property for a period of one year or more.
To physically touch, border upon or share a common property line.
A means of vehicular or pedestrian approach, entry to or exit from a property.
A subordinate structure detached from, but located on the same lot as, a principal building, the use of which is incidental to that of the principal structure.
A use that is customarily incidental and subordinate to the principal use of the land or of a building on the same lot.
Any construction that increases the size of a building.
To be situated near, but not necessarily touching, a common property line (i.e., separated by a street, alley or highway).
As applied to development review, land which shares a common property line, property that would be adjoining but for an intervening easement or road and property that would be adjoining but for intervening property owned by the applicant or an entity controlled by the applicant.
An entity or establishment that, as its principal business purpose, offers for sale, rental, exhibition or viewing any printed, recorded, digitally analogued or otherwise viewable matter, any kind of sexual paraphernalia or any kind of live performance, entertainment or exhibition that depicts, describes or relates to sexual conduct, sexual excitement or sadomasochistic abuse. For purposes of this definition, "sexual conduct" means human masturbation, sexual intercourse, or the touching of or contact with genitals, pubic areas or buttocks of a human, or the breasts of a female, whether alone or between members of the same or opposite sex, or between humans and others; "sexual excitement" means the condition of human genitals, or the breasts of a female, when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity; and "sadomasochistic abuse" means flagellation or torture by or upon a human who is nude or clad in undergarments or in a revealing or bizarre costume, or the condition of one who is nude or so clothed and is being fettered, bound or otherwise physically restrained. "Adult entertainment center" includes an adult bookstore.
The removal of an existing forest in accordance with an approved forest conservation plan according to procedures set forth in the Maryland Forest Conservation Technical Manual.
A sales price or rent within the means of a low- or moderate-income household, as defined by state or federal legislation.
The establishment of a forest on an area from which forest cover has been absent for a long period of time in accordance with an approved forest conservation plan or landscape plan; planting of open areas which are not presently in forest cover in accordance with an approved forest conservation plan or landscape plan; or establishment of a forest in accordance with an approved forest conservation plan or approved landscape plan according to procedures set forth in the Maryland Forest Conservation Technical Manual.
Use that serves to support agricultural production such as timber processing, milling, canning and wool or textile processing.
That portion of a parking area reserved for ingress and egress of vehicles to/from parking spaces; not to include any portion of street rights-of-way.
A public or private way, other than a street, affording secondary means of access to the side or rear of abutting properties as defined in § 165-118D.
To change the exterior appearance or supporting members of a structure, such as bearing walls, columns or beams, or to modify the area frontage or depth of a lot, landscaped open space or parking area.
An establishment or arcade offering five or more amusement devices, including but not limited to coin-operated electronic games, shooting galleries, table games, computer games, pool/billiards, movie theater and similar amusement diversions, within an enclosed building.
Any animal that has been bred and/or raised to live in or about the habitation of humans and is dependent on people for food and shelter.
Any animal customarily raised in an agricultural setting, including but not limited to pheasants, cows, livestock, chinchillas, horses, goats, sheep, pigs and other similar animals and fowl.
A structure containing three or more dwelling units with a common entrance or access. (See "dwelling, multifamily.")
The agency, board, commission, group or other legally designated individual or agency that has been charged with the review and approval of plans and applications.
The visible, functional or ornamental objects accessory to the environmental setting of a structure. These include paving, trees, landscaping, waterways, etc.
Ornamentation or decorative features attached to or protruding from an exterior wall.
A facility that provides supervision, monitoring or assistance with the activities of daily living for elderly or disabled persons in a residential setting.
Average number of cars per day that pass over a given point.
A roof-like cover, often of fabric, metal or glass, designed and intended for protection from the weather or as a decorative embellishment and which projects from a wall or roof of a structure over a window, walk, door or the like.
A building or establishment maintained in whole or in part as rental space for the purpose of private events where access by the general public is restricted.
A portion of an establishment where the sale or dispensing of liquor by the drink for on-site consumption is undertaken and considered separate from dining, dancing and banquet areas.
The elevation at which a flood has a one-percent chance of being equaled or exceeded in any given year.
A portion of a building located partly or entirely underground but having no more than 1/2 of its floor-to-ceiling height above the average grade of the adjoining ground.
A dwelling containing no more than nine beds, where lodging is offered to the traveling public for temporary occupancy of 30 days or less, and where breakfast is provided as part of the room rental charges.
An earthen mound formed to obstruct undesirable views or noise as a buffer.
A combination of conservation measures, structures or management practices that reduces or avoids adverse impacts of development on adjoining sites, land, water or waterways and controls soil loss and reduces water quality degradation caused by nutrients, animal waste, toxins and sediment.
A tract of land bounded by a combination of streets and/or public parks, cemeteries, rights-of-way, waterways, or boundaries of the Town or any other barrier to the continuity of development.
A dwelling unit, other than in a hotel, motel, group home, halfway house, apartment building or facility for foster care in which lodging and meals are provided in a communal setting for compensation to minimum of four and not exceeding nine adult persons not related to the owner by blood, marriage or adoption with a minimum occupancy exceeding 30 days.
A skin-penetrating adornment procedure which involves piercing or entering the skin or the mucous membrane of an individual for the purpose of inserting pigmented patterns, jewelry or other forms of body decoration. "Body piercing" includes skin-penetrating body adornment procedures and tattooing, but does not include piercing of an earlobe using a properly disinfected ear-piercing gun and single-use, sterile studs and clutches.
A landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another. See "screening."
A structure having a roof supported by columns or walls, used or intended to be used for the shelter, storage, or enclosure of any person, animal, process, equipment, or goods and materials of any kind or nature. Where divided by party walls, each portion shall be deemed a separate building.
BUILDING AREA (ENVELOPE) The area of a lot remaining for buildings and structures after the minimum yard, open space, floodway and other development constraints have been excluded.
BUILDING COVERAGETotal square footage of a lot covered by a building.
 Figure 165-104.I |
BUILDING FRONTAGEThat portion of a structure extending along a street.
BUILDING FRONTAGE, MULTIPLEThat portion of a structure extending along two or more streets.
BUILDING FRONTAGE, PRIMARYThat portion of a structure extending along a street and containing the major entrance(s) to the structure.
BUILDING, HEIGHT OFThe vertical distance to the highest point of the roof for flat roofs, to the deckline of mansard roofs, and to the average height between eaves and the ridge for gable, hip and gambrel roofs, measured from the average point with grade as measured along the perimeter of the structure.
 Figure 165-104.II |
BUILDING LINEA building limit fixed at a specific distance from the front, rear or side boundaries of a lot beyond which a structure cannot extend.
BUILDING, PRINCIPALThe primary building on a lot, or a building that contains a principal use.
The administrative official charged with enforcement of the Building Code as described in Chapter 145, Building Construction, of the Bel Air Town Code.
A facility dedicated to the startup and growth of small businesses, accomplished through management and facility support systems. For purposes of this definition, "management support systems" includes access to professional advice, information on small business regulations, management, advertising, promotion, marketing, sales, inventory, employees, labor relations and financial counseling. "Facility support systems" includes clerical and reception staff, cleaning and building security and access to copy and facsimile machines, computers, faxes and other electronic equipment.
Services rendered to a business establishment or individual on a fee or contract basis, including, but not limited to, actuarial, advertising, credit reporting, janitorial, secretarial/stenographer services, computer and data-processing services, photofinishing, broker services, window cleaning, blueprinting and photocopying, tag and title services, telephone sales and other similar general office services.
A business service establishment consisting of five or more full-time equivalent employees.
Establishments or places of business engaged in the provision of services used by office, professional and service establishments. Typical uses include blueprint/photocopying, janitorial services, photo finishing, window cleaning, protective services and other similar services.
The diameter of a tree trunk measured in inches, six inches above ground level for trees up to four inches in diameter and 12 inches above ground level for trees over four inches in diameter. (See also "DBH.")
 Figure 165-104.III |
A business licensed or registered by the Maryland Cannabis Administration to operate in the cannabis industry. This definition includes dispensary, grower and processor as defined by the State of Maryland.
A fixed roof-like structure, other than an awning, which projects from a wall of a building and extends along all or a majority of the wall's length to provide shelter over an entryway or walkway.
An area of land or a structure with machine- or hand-operated facilities used principally for the cleaning, polishing, washing or hand washing of motor vehicles.
A service providing meals and/or refreshments for public or private entertainment for a fee.
A grouping of mailboxes at a central location to serve several units within a development.
See Town Code Chapter 450, Vehicles and Traffic.
See Town Code Chapter 450, Vehicles and Traffic.
Any device used to collect or radiate electromagnetic waves including directional and omnidirectional antenna, whip, dish or panel not exceeding six feet in height attached to a tower, pole or structure.
Tower, pole structure or platform that holds antenna or antennas, used for cellular communications or similar uses exceeding 35 feet in height.
The citizens of the Town of Bel Air.
A building used for public, cultural, educational, recreational, or civic purposes, usually owned and operated by a public or nonprofit group or agency.
A group housing facility intended to provide temporary board, lodging and personal services to homeless persons and those requiring protection from physical or psychological harm.
The characteristics of different uses or activities that permit them to be located near each other in harmony and without conflict. Elements affecting compatibility include density; floor area ratio; pedestrian or vehicular traffic generated; volume of goods handled; and such environmental effects as noise, vibration, glare, air pollution, or radiation.
The currently adopted version of the Town of Bel Air Comprehensive Plan.
A preliminary presentation and attendant documentation of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.
Any temporary structure to conduct business, trade, or occupation, or for use as a selling or advertising device, and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets, propelled or drawn by its own or other motor power.
The performance of work by, or furnishing of supplies to, members of building trades, including building contractors; carpentry and wood flooring services; electrical services; energy systems services and products; general contracting; masonry, stonework, tile setting and plastering services; plumbing, heating and air-conditioning services; roofing and sheet metal services; and other such services.
Next to, abutting or touching and having a boundary or portion thereof which is common or coterminous.
A retail store generally containing less than 5,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers. It is designed to attract a large volume of stop-and-go traffic. Illustrative examples of convenience stores are those operated by the "7-11" and "Royal Farm Store" chains.
A business which offers general office space and attendant support services for those businesses located within the center.
An open, unoccupied and unobstructed space on the same lot with and bounded on two or more sides by the walls of a building. "Outer court" is a court having at least one side thereof opening onto a street, alley, yard, or other permanent open space.
A private club or social organization established for some common objective, including fellowships, societies, lodges, brotherhoods, fraternal orders, sisterhoods and sororities, and recreation structures and areas operated by such associations for the benefit of the membership.
A building fitted with the proper appliances for the purposes of cremation of human remains.
The area around the trunk of a tree where the bulk of the root system is located. This area is measured as a circle around the tree trunk one foot in radius for each one inch in tree diameter at breast height (DBH).
A roadway or street passageway through a block at ground level or overhead, designed exclusively for pedestrians.
A person, agency or institution licensed by the state to provide day care for no more than eight unrelated individuals in a residence for a portion or all of a day and on a regular schedule more often than once a week.
A person, agency or institution licensed by the state to provide group care in a residence for between nine and 12 adults or children who do not all have the same parentage, or care of 13 or more adults or children in facilities other than a private home setting, for a portion or all of a day and on a regular schedule more often than once a week.
The diameter of a tree trunk measured at 4.5 feet from grade level. Where the trunk splits into two or more trunks below the 4.5 foot from grade level, then each trunk is measured individually at 4.5 feet from grade level.
An open, above-grade platform or structure immediately adjacent or attached to the principal structure. The structure may be covered with a roof or similar covering and/or screened.
The deliberate removal or destruction of the frame or foundation of any portion of a building or structure, including willful neglect on the maintenance and repair of a structure.
The number of dwelling units permitted per acre.
The construction, reconstruction after demolition of more than 50% of an existing structure, conversion, relocation or enlargement of any structure; the division of a parcel of land into two or more parcels; and any use or extension of the use of land.
A document outlining the Town of Bel Air Zoning, Signage and Subdivision Regulations.
Regulations and requirements addressing specific needs and concerns for provision of facilities, protection of environmental and other resources, and fulfillment of goals of the Town of Bel Air Comprehensive Plan. These are in addition to specific regulations for individual zoning districts.
A portion of the incorporated territory of the Town of Bel Air within which certain uniform zoning regulations and requirements or various combinations thereof apply under the provisions of this chapter.
A building on or near a school campus designed to accommodate students actively attending the school.
The removal of surface water or groundwater from land by drains, grading or other means.
Vertical line extending from the outermost tree canopy to the ground.
An establishment that, by design, physical facilities, service or by packaging procedures, encourages or permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles.
An accessway for cars leading from a street or alley to a garage, house, group of houses, or business.
A durable surface which is paved with bituminous concrete, portland cement, bituminous tar and chip or similar material acceptable to the Director of Public Works.
A structure or portion thereof that is used exclusively for human habitation, but not including a tent, cabin, trailer, recreational vehicle, or a room in a hotel.
DWELLING, ACCESSORYAn independent dwelling which is occupied for a period exceeding 28 days located on the same lot and accessory to a primary residential dwelling. An accessory dwelling is typically located on a single-family detached lot.
DWELLING, MULTIFAMILYThree or more dwelling units with common access constructed on a permanent foundation, designed for three or more families and located on a single lot or parcel.
DWELLING, SEMIDETACHEDA building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof and which are on separate lots.
DWELLING, SINGLE-FAMILY DETACHEDA building containing one dwelling unit that is not attached to any other dwelling by any means and is surrounded by open space or yards.
DWELLING, TOWNHOUSEA single-family attached dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside.
DWELLING, TWO-FAMILYA building on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling or floor extending from exterior wall to exterior wall, except for common stairwells exterior to both dwelling units; does not include semidetached dwellings.
One or more rooms physically arranged so as to create an independent housekeeping establishment consisting of a separate kitchen or cooking facility and provisions for living, sleeping, eating and sanitation.
A right of use over the property of another.
A substation whose purpose is to transform voltage to a level so this power can be consumed in the general vicinity of the substation.
A facility that stocks and supplies electronics and associated equipment for distribution or installation.
An area with one or more of the following environmental characteristics:
Steep slopes;
Floodplains;
Soils classified as having high-water tables;
Soils classified as highly erodible, subject to erosion, or highly acidic;
Land formerly used for landfill operations or hazardous industrial use;
Stream corridors;
Mature stands of native vegetation;
Wetlands and wetland transition areas; and
Habitats of endangered species.
Persons related by blood, marriage, or adoption including immediate family and extended to include aunt/uncle, grandmother/grandfather or cousins.
Persons related by blood, marriage or adoption limited to mother/father, sister/brother or son/daughter.
Capable of being accomplished in a successful manner after a reasonable period of time, taking into account economic, environmental, social and technological factors.
A building equipped to process agricultural products such as grain into flour, meal or feed products.
The arrangement of windows and architectural details on a building.
A residential structure or group of residential structures with four or more dwelling units, each of which is intended for, and occupied by, at least one individual 55 years of age or older.
The last unappealable decision.
A facility, including health clubs and athletic clubs, that is equipped for the conduct of sports, exercise, leisure-time activities or other customary recreational activities.
Fabric or other flexible material, usually rectangular and of distinctive design used as a symbol, such as for a nation, state, locality, organization, or political cause.
Any floodplain referenced in a floodplain ordinance for the purpose of applying floodplain regulations. (See "one-hundred-year floodplain.")
The channel of a stream or watercourse and the adjacent land areas that must be reserved to discharge the one-percent-probability flood without cumulatively increasing the water surface elevation more than a designated height, generally one foot.
The sum of all horizontal areas of all floors of a building, measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings, but excluding any space where the floor-to-ceiling height is less than six feet.
The total of all floor areas of a building, excluding vestibules, elevator shafts, janitorial closets, mechanical/electrical rooms, interior vehicular parking and loading. Multi-tenant buildings also exclude stairwells, common hallways, common restrooms and common reception areas.
A standard measurement of illumination over a surface area of one square foot.
A plan approved pursuant to the Natural Resources Article of the Annotated Code of Maryland, and Chapter 216, Forest Conservation, of the Bel Air Town Code.
The methodology for evaluating and documenting for approval the existing vegetation on a site proposed for development, as provided in the Forest Conservation Technical Manual, which must be updated during any subsequent development review process on the site occurring more than five years from the date of prior approval for the FSD.
A person or group of persons who engage in the practice or profess to practice the business or act of prophecy, intuitive counseling, cartomancy, divination, clairaudience, necromancy, astrology, phrenology, life reading, fortune-telling, clairvoyance, crystal gazing, palmistry, numerology, or reading of tarot or similar cards for any form of compensation.
Any/all sides of a lot abutting on a street.
The side of a structure that provides the main access for the use or tenant space.
Any premises or units where gasoline, propane, natural gas or other petroleum products are stored in bulk for the purpose of sale or distribution.
The number of persons necessary for forty-hour-a-week coverage is equal to one full-time employee.
An accessory building or portion of a main building designed, arranged, or used primarily for the housing or storage of private motor vehicles.
A building or portion thereof, other than an automobile salesroom, used or held out for the housing or storage of six or more motor vehicles, where service or repair facilities, if any, are incidental to the principal use of storage. A public garage may be a principal or accessory use.
Any use over 5,000 square feet characterized by the sale of bulky items and/or outside display/storage of merchandise or equipment, such as lumber and building materials, farm and garden supplies, marine equipment sales and service and stone monument sales.
A substantial and compelling reason or reasons to be used as a basis to permit modification to a provision of the Development Regulations or to grant an extension of a prior approval.
Building design that yields environmental benefits, such as savings in energy, building materials, water consumption or reduced waste generation.
A building used for the cultivation and sale of plants grown on the premises or as nursery stock and for accessory items directly related to plant care and maintenance, such as pots, soil, mulch, fertilizers, insecticides, rakes or shovels.
A low-growing perennial plant with a mature height of six inches to 18 inches.
A nonprofit residential facility other than a halfway house, or a community shelter in which more than nine but not more than 16 unrelated persons with developmental disabilities, mental disorders or those in recovery from addiction as defined in the State of Maryland Code, Health-General Article, live together and maintain a common household.
A nonprofit residential facility other than a halfway house, or a community shelter in which more than three but not more than nine unrelated persons with developmental disabilities, mental disorders or those in recovery for addiction as defined in the State of Maryland Code, Health-General Article, live together and maintain a common household.
The period of consecutive frost-free days as stated in the current soil survey for this county published by the National Cooperative Soil Survey Program, 16 U.S.C. Chapter 3B, generally the period from April through November.
Actual living space of the principal use and structure, not including basements (even if improved), porches, decks, garage areas or other accessory uses or structures.
A dwelling unit or part thereof in which lodging, meals and some combination of personal care, social or counseling services, or transportation are provided in exchange for compensation to three or more persons in the custody of the state or federal correctional or juvenile justice systems.
Area designed to accommodate touchdown and liftoff of helicopters for the purpose of picking up or discharging passengers, patients or cargo.
Any thoroughfare, freeway, or arterial carrying traffic, including any thoroughfare having a Maryland primary highway number or a United States highway number.
A group of properties officially designated by the Board of Town Commissioners as an historic area within predetermined boundaries having historic significance as defined in Chapter 246, Historic Preservation, of the Bel Air Town Code.
An individual property officially designated by the Board of Town Commissioners as having historic significance as defined in Chapter 246, Historic Preservation, of the Bel Air Town Code.
A structure of historical, architectural, archeological, or cultural significance which is eligible for designation on the National or State Register of Historic Places, as a Harford County landmark or as a Bel Air historic site or district.
Any activity carried out for gain by a resident and conducted as a customary, incidental and accessory use in the resident's dwelling unit. A home occupation may include a for-profit home business or home office for a resident who may work for another employer or contract or consult with another company or individual. A home occupation does not include goods, wares or merchandise offered, displayed or kept for sale within the dwelling unit. For purposes of this chapter, "home occupation" shall include the following:
Artists not employing industrial fabrication techniques.
Authors and writers.
Dressmakers, seamstresses and tailors.
Model making, weaving, custom woodworking and other home crafts not involving industrial fabrication techniques.
Music and dance teachers having classes of fewer than four pupils at any one time.
Offices of a person practicing a trade/profession from a residence.
Repairs of bicycles (but no other vehicles), cameras, clocks, jewelry and small appliances not involving industrial fabrication techniques.
Tutoring or instruction of fewer than four pupils at any one time.
Other uses as may be found by the reviewing authority to be consistent with the purpose of the district in which the use is located.
An institution providing inpatient health care services and medical or surgical care, including general hospitals and specialized medical institutions.
A building in which lodging and/or boarding is provided for compensation and in which access to and from all rooms is made through an inside lobby or office.
A building, structure or group of buildings or structures that, by design and construction, are primarily intended for conducting organized religious services and associated accessory uses.
Lighting that travels directly from its source to the viewers eye.
Lighting cast upon an opaque surface from a concealed source.
Costs imposed on new development to fund public facility improvements required by new development and to ease fiscal burdens on localities.
Any surface through which rainfall cannot pass or be effectively absorbed (roads, bridges, paved parking lots, sidewalks, etc.).
Includes but is not limited to the following: a street pavement, with or without curbs and gutters; sidewalks; crosswalks; water and gas mains and other public utilities; sanitary sewers and storm drains, with appurtenant construction; street trees; street signs.
An establishment primarily engaged in manufacturing, construction, communication, transportation, electric, gas or sanitary services, and/or wholesale trade.
Construction of any residential, commercial, institutional or industrial structure located in an existing developed area.
Water- and sewer lines, roads, schools and other public facilities needed to support developed areas.
A for-profit educational facility offering classes to the public. Such facilities include, but are not limited to, martial arts, drivers education, real estate classes, arts and crafts classes and computer classes.
The crossing of two or more roads at grade.
An area within a right-of-way or parking area upon which vehicular traffic may not traverse. The area is to provide for pedestrian safety, separation of vehicles and/or landscaping and is formed by curbing or painted markings.
See Town Code Chapter 272.
Any area where waste or scrap material, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles, is bought, sold, exchanged, baled, packed, stored, disassembled or handled, but not including areas where such uses are conducted entirely within a completely enclosed building. Not included are pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition, salvaged machinery and the processing of used, discarded or salvaged materials as part of manufacturing operations.
An establishment, not part of an agricultural use, in which six or more domestic animals, such as cats, dogs and other pets, more than six months old are kept, groomed, bred, boarded or trained.
A structure with significant historic, architectural or cultural meaning or importance.
A public or private nonprofit organization which holds conservation easements donated for the purpose of open space preservation or forest conservation.
The Green Building Rating System, which is a nationally accepted bench mark for design, construction and operation of high-performance green buildings.
The total floor area designed for owner or tenant occupancy and exclusive use. It is expressed in square feet, measured from the center lines of joint partitions and exteriors of outside walls.
A measurement tool designed to calculate the maximum number of vehicles that have a reasonable expectation of passing over a given section of roadway or through an intersection in a given period of time under prevailing roadway and traffic conditions. For purposes of this Part 2, "level of service" is categorized in a series of letter grades, "A" through "F." Level of Service "A" denotes the best traffic conditions while Level of Service "F" indicates gridlock.
A retail establishment that sells packaged liquor, wine or beer for consumption off premises which possesses the appropriate license from the State of Maryland or more than 50% of all sales are for alcoholic beverages or related items.
The Board of Town Commissioners for Bel Air.
A lot, premises, building, structure, wall or any place whatsoever upon which development of any type regulated by the Development Regulations is proposed or exists.
A designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon.
LOT AREAThe total horizontal area located within the property lines.
 Figure 165-104.IV |
LOT, CORNERA lot situated at the intersection of two or more streets or upon two parts of the same street forming an interior angle of 135° or less.
LOT DEPTHThe average horizontal distance between the front lot line and the rear lot line or other parallel lot line of a lot, measured within the lot boundaries.
LOT, DOUBLE FRONTAGEA lot having frontage on two nonintersecting streets, as distinguished from a corner lot.
LOT FRONTAGEThat portion of a lot extending along a public or private street.
LOT, INTERIORAny lot other than a corner lot.
LOT LINEA line of record bounding a lot which divides one lot from another lot or from a public or private street or waterway or any other public space. When a lot line is curved, all dimensions related to said lot line shall be based on the chord of the arc.
LOT LINE, FRONTThe lot line separating a lot from a street right-of-way. On a through lot, both lines adjacent to the street shall be deemed front lot lines. On a corner lot, all lot lines which are also a street right-of-way line shall be considered front lot lines.
LOT, MULTI-FRONTEDA lot having frontage on three or more streets, as distinguished from a corner lot, a double frontage lot or a through lot.
LOT LINE, REARExcept in the case of corner lots or multi-fronted lots, the line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line connected to a front or rear lot line.
LOT LINE, STREET OR ALLEYAny lot line separating the lot from a street or alley.
LOT, PANHANDLEA lot with the appearance of a frying pan or flagstaff in which the handle is most often used as the point of access to a road.
LOT SIZE REQUIREMENTSRestrictions on the dimensions of a lot, to include a specified zoning district size, lot area and lot width, all established to limit the minimum size and dimension of a lot in a given zoning district.
LOT, THROUGHA lot having a pair of opposite lot lines along two more or less parallel public streets and which is not a corner lot.
LOT WIDTHThe width of the lot measured at right angles to its center line at the front building line.
Establishments engaged in the initial processing or treatment of raw materials or manufacturing of products that require additional processing, fabrication or assembly for ultimate use by the consumer. These shall include, but not be limited to, chemical and allied products, fabricated metal products, food and kindred products, lumber and wood products, furniture stripping, machinery production, miscellaneous manufacturing, paper and allied products, petroleum and coal products, rubber and miscellaneous plastics, stone, clay and glass manufacturing and transportation equipment manufacturing.
Establishments engaged in the manufacture of products for final use or consumption. This usually involves the secondary processing, fabrication or assembly of semifinished products from a primary manufacturing industry. These shall include, but not be limited to, the following: apparel and other textile manufacturing, furniture and fixtures, instruments and related products, leather and leather products, office computing and accounting equipment manufacturing.
A tree of any species which measures a minimum of 10 inches in diameter at breast height (DBH) or greater.
Designing, construction, renovation and restoration projects so that all reasonable opportunities for using building techniques and treatments for reducing the carbon footprint of new development are exhausted.
The provision of medical, dental, surgical, or other health-related services to individuals, including medical outpatient clinics, medical laboratories, therapeutic massage, chiropractic clinics, osteopathic clinics, dental clinics, dental laboratories, hospital supplies, opticians, optometrists, or osteopaths.
Facility used for the production of beer, hard cider, wine or other alcoholic beverages where such beverages are brewed, fermented or distilled for consumption on site, sale as packaged goods or distribution wholesale and which possesses the appropriate license from the State of Maryland.
Facility that contains various sizes of individual compartmentalized and controlled access stalls for the storage of customer's goods and wares.
Process or projects replacing lost or degraded resources, such as wetlands or habitat, at another location.
A building, or group of buildings consisting of at least 10,000 square feet, and developed as an integrated scheme of development containing two or more appropriate use classifications with one being residential in which a minimum of 50% gross floor area is consistent with the underlying Comprehensive Land Use designation. This use shall be conceived and designed as a single environment in which amenities for residential uses are provided.
A lot, building, premises or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, or storing motor-driven vehicles, including, but not limited to, filling, repair and service stations, commercial vehicle construction and industrial sales, service and storage facilities from vehicle sales and service facilities, motor vehicle rental and leasing facilities and public garages.
An area of a community with characteristics that distinguish it from other areas and that may include distinct economic characteristics, housing types or boundaries defined by physical barriers, such as roads or natural features; for purposes of annexation and/or zoning review, an area two blocks from the applicable site in all directions.
NONCONFORMING BUILDING OR STRUCTUREA legally preexisting building or structure that was lawful when constructed and continues to be lawful, even though it no longer conforms to the bulk area and/or setback requirements of the zone in which it is located because of the adoption or amendment of the Development Regulations or Zoning Maps.[1]
NONCONFORMING USEA legally preexisting use which was lawful when established and continues to be lawful, even though it no longer conforms to the requirements of the zone in which it is located because of the adoption or amendment of the Development Regulations or Zoning Maps.
All palustrine aquatic bed, palustrine emergent, palustrine forested and palustrine scrub-shrub wetlands as defined by the United States Fish and Wildlife Service, except tidal wetlands regulated under Title 9 of the Natural Resources Article of the Annotated Code of Maryland. These nontidal wetlands are lands where the water table is usually at or near the surface (i.e., periodically saturated) or areas where the substrate or soil is covered by shallow water at some time during the growing season. They are further characterized by one or both of the following two attributes:
A use providing bed care and inpatient services for persons requiring regular medical attention, but excluding a facility providing surgical or emergency medical services and excluding a facility providing care for alcoholism, drug addiction, mental disease or communicable disease.
A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations.
The channel and the relatively flat area adjoining the channel of a natural stream or river that has been or may be covered by floodwater which has a one-percent chance of being equaled or exceeded in any given year.
Any area of land or water set aside, dedicated, designed, or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
An outdoor dining area or bar accessory to restaurant or tavern located on the same property.
Carnivals, craft shows, flea markets and similar events.
Tent sales, temporary sidewalk sales, Christmas tree sales, flower sales, inventory reduction or liquidation sales, distressed merchandise sales, seasonal merchandise sales, yard sales or similar short-term events.
A specially mapped district which is subject to supplementary regulations or requirements for development.
Any contiguous area, site, or portion of land under common ownership.
A documented analysis, prepared by a professional transportation consultant or engineer, delineating the effects of a development on area parking facilities based on the parking needs generated by the proposed use.
An off-street parking structure or surface lot used for the daily or long-term storage of motor vehicles, with payment of a fee.
An off-street parking lot solely utilized by an adjacent use via a recorded easement or agreement for required spaces approved under § 165-51C(1).
An off-street parking structure or surface lot, other than a private lot, that is available to the general public for use.
An area designated and used for parking space, as specified in Article VII, for normal, handicapped or compact-sized vehicles.
A building or part of a building solely used or designed to be used for the parking and storage of vehicles.
A minimum requirement or maximum allowable limit on the effects of a use. Such standards are placed on individual uses in addition to the general zoning requirements.
Any individual, corporation, incorporated association, firm, partnership, sole proprietorship and any other recognized legal entity.
Establishments primarily engaged in providing services involving the care of a person or his/her personal goods or apparel, including catering, clothing alteration, formal wear/rental, funeral home/morticians, interior decorating, pet grooming, photo studio, shoe repair and watch/jewelry repair.
Retail establishment engaged in the preparation and sale of prescription, nonprescription drugs, related health aids, and medical equipment. Convenience goods are considered as accessory retail.
The Town of Bel Air Planning Commission.
A deciduous tree at least two inches in caliper or greater, an evergreen tree at least five feet in height, or a suitable shrub, as approved by the Planning Commission.
A map showing the location, boundaries and ownership of individual properties planned and developed as a single project.
A surveyor's precise drawing that fixes the locations and boundaries of lots and streets.
Domestic fowl raised in confinement as a pet or for meat, eggs or feathers.
A commercial use that designs, produces, or distributes printed material.
Professional service establishment consisting of three or more professionals.
The service by members of any profession, including but not limited to accountants, architects, lawyers, financial service practitioners, insurance agents, engineers, real estate agents, travel agents or social workers.
The distance by which a sign, canopy, marquee, roofline and the like extends over public property or beyond the building line.
Area encompassing all recorded properties and rights-of-way proposed for development or supporting development.
Open to common use, whether or not government ownership is involved.
A park, plaza, mural, sculpture, fountain, street furniture, bas-relief, painting or similar decorative element which is located in an area where the public is directly or indirectly invited to visit or permitted to congregate.
A person regularly engaged in a business for pay or as a means of livelihood for a minimum of three years, whether certified or not.
Aspects of the economic, social and physical environment that make a community a desirable place in which to live or do business.
See Town Code Chapter 450, Vehicles and Traffic.
An establishment providing completely enclosed recreational activities. Accessory uses shall be permitted to include the preparation and service of food and/or the sale of equipment related to enclosed uses. Included in this definition shall be bowling, roller skating or ice skating, laser tag, miniature golf, batting cage and related athletic-oriented games, including arenas/stadiums.
An area free of buildings, except for rest rooms, dressing rooms, equipment storage, maintenance building, open-air pavilions, picnic grounds and similar structures, used primarily for recreational activities.
A designated bin or container, of less than 200 square feet, which accepts donations of used goods for recycling, resale or free distribution.
A designated facility which accepts donations of used goods for recycling, resale or free distribution.
Construction activity in a previously developed area including the demolition, rehabilitation or structural alteration of an existing structure. May also include the reconstruction of a structure after demolition of less than 50% or reconstruction using 100% of the existing foundation.
The creation of a biological community dominated by trees and other woody plants containing at least 100 live trees per acre, with at least 50% of those trees having the potential of attaining a two-inch or greater diameter, measured at 4.5 feet above the ground, within seven years; or the establishment of a forest according to procedures set forth in the Maryland Forest Conservation Technical Manual. This includes landscaping of areas under an approved landscaping plan establishing a forest at least 35 feet wide and covering 2,500 square feet or more of area.
A commercial establishment where food and beverages are prepared and served for consumption on or off the premises. However, a snack bar or refreshment stand shall not be deemed a restaurant.
Includes any of the primary agencies or individuals involved in the administration of the Town of Bel Air Development Regulations.
A strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission line, oil or gas pipeline, waterline, sanitary or storm sewer or similar uses.
See "street."
That portion of a lot abutting a street or highway and situated between lot lines intersecting such street or highway.
The actual road surface area from curbline to curbline, which may include travel lanes, parking lanes, and deceleration and acceleration lanes. Where there are no curbs, the roadway is that portion between the edges of the paved or hard surface width.
That part of the roof or parapet which covers the major area of the building which is the highest point as viewed in elevation from the front or side. (See "building, height of" illustration.)
Work that does not alter the exterior fabric or features of a site or structure and has no material effect on the historical, architectural or archeological significance of a site or structure.
A device used or designed to receive electromagnetic signals from earth-orbiting satellites and other extraterrestrial sources and is external to or is attached to the exterior of any building. The term "satellite receiving dish" includes satellite earth stations, satellite television antennas, satellite dish antennas or any other devices designed to receive signals from satellites in the manner described above. For the purposes of these regulations, accessory satellite receiving dishes shall not be considered as wireless transmitting and receiving structures, rigid-structure antennae or long-wire antennae.
A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls or berms.
Products that are primarily sold during a particular season of the year, e.g., Christmas trees, locally grown produce, holiday flowers, snowballs and similar products.
The minimum distance by which any building or structure must be separated from a street right-of-way or lot line.
A permanent storage facility exceeding 25 square feet and less than 200 square feet constructed as an accessory structure incidental to the use of the principal building, not to include shipping containers or tractor-trailer bodies.
Subject to the provisions of § 165-53C(2)(d) of this chapter, which may include, as accessory thereto, the sale, on-site rental and/or repair of firearms, ammunition, archery equipment and the like in accordance with and subject to all state and federal applicable laws, ordinances, and regulations.
Establishment exceeding 5,000 square feet that offers commodities, including, but not limited to, apparel/accessories, automobile supplies, business equipment, china/glassware, commercial art, communications equipment, computers/calculators, drugstores, fabrics/upholstery, floor coverings, hardware, home appliances, home improvement supplies, home furnishings/furniture, import stores, liquor stores, luggage/leather goods, musical instruments/supplies, paint/wall coverings, party supplies, photographic equipment sales, radios, records and tapes, sporting goods, television/stereo sales and service, variety stores and toy/game stores. Establishments commonly referred to as "catalog showrooms," "department stores," "discount stores," and "supermarkets" shall be regulated as shoppers' merchandise.
A group or assemblage of four or more retail trade and service uses exceeding 20,000 square feet in aggregate developed under a uniform plan or scheme of development and serviced by common, integral utilities, access, circulation, and parking facilities.
A residential home unit or an accessory building available for rent on a temporary basis for 28 continuous days or less.
A portion of a retail, drink or food establishment located contiguous to the business on a public sidewalk or public open space.
A structure which consists of a device, light, letter, word, model, barrier, logo, insignia, or representation, including any announcement, declaration, demonstration, display illustration or insignia used to advertise or promote the interest(s) of any person when the same is placed out of doors in view of the general public, but excluding window displays or merchandise and signs which are incidental to the display of merchandise.
For a sign, either freestanding or attached, the area shall be considered to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing incidental to the display itself.
For a sign consisting of individual letters or symbols attached to or painted on a surface or window, the area shall be considered to be that of the smallest rectangle or other shape which encompasses all the letters and symbols.
SIGN, BILLBOARDA sign which directs attention to a business, commodity, service, entertainment, event, or other activity conducted, sold or offered in a location other than the property on which the sign is located.
SIGN, BANNERA temporary sign displayed on cloth or similar flexible material and designed to be mounted on an open framework or hanging from posts, poles or wall-mounted, used as an advertisement.
SIGN, CONSTRUCTIONA temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project.
SIGN, DIRECTIONALSigns limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance," and "exit."
SIGN, DIRECTORYA self-supporting sign in a fixed location listing the names and/or logos of businesses and located at the entrance to a property on which groupings of business, commercial or industrial uses have been concentrated.
SIGN, ELECTRONIC MESSAGEAny sign that uses changing lights or LED elements to form images or words wherein the color, brightness, sequence of message and the rate of change is electronically programmed and can be modified by electronic processes.
SIGN, FEATHER OR WINDSAILAny temporary ground-mounted freestanding sign made of vinyl, canvas or similar flexible material fabricated as a large pennant for advertisement.
SIGN, FREESTANDINGA self-supporting sign in a fixed location and not attached to any building or structure.
SIGN, ILLUMINATEDA sign lighted by or exposed to artificial lighting, either by lights on or in the sign or directed toward the sign.
SIGN, MARQUEEA sign which has a reader board for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects, not consisting of an illumination device and may be changed or rearranged manually without altering the face or surface of the sign.
SIGN, ON-PREMISESSign or other advertising device which advertises or indicates only the person occupying the premises on which it is located, the merchandise for sale, or the activity conducted thereon.
SIGN, PROJECTINGA permanent sign that is hung at a ninety-degree angle from the face of and affixed to a building or structure and extends 12 inches or beyond the building wall, structure or parts thereof.
SIGN, SANDWICH BOARDAn A-frame or easel sign used for advertising in front of a specific business.
SIGN, TEMPORARYA banner, pennant, poster or advertising display constructed of cloth, canvas, plastic sheet, cardboard, wallboard or other like materials and intended to be displayed for a limited time period.
SIGN, VEHICLEAny sign exceeding 10 square feet in area, mounted, painted, placed on, attached or affixed to a trailer, watercraft, truck, automobile or other form of motor vehicle so parked or placed that the sign thereon is discernible from a public street or right-of-way, and which, by its size, location and manner of display, acts as a means of communication calculated to exhibit advertising of an on-site or off-site business.
SIGN, WALL (FLAT)One affixed directly to the exterior wall or screening surface and confined within the limits thereof and which projects from that surface 12 inches or less at all points.
SIGN, WINDOWAny outward facing sign placed within two feet on the inside of the window or within a display space inside of a window.
A modification to a structure, natural feature or function that alters the location, size or orientation of a building, stormwater management facility, road, parking area or a feature that is visible from the public right-of-way.
A plan, to scale, showing uses and structures proposed for a parcel of land as required by the Town of Bel Air Development Regulations. It includes lot lines, streets, building sites, reserved open space, buildings, major landscape features (both natural and man-made), and existing and proposed utility lines.
An establishment which is dedicated in whole or in part to the sale and smoking of tobacco products or other legal substances on its premises; includes establishments such as cigar bars, hookah cafes, tobacco clubs, and vape lounges.
Establishment which provides homeopathic services such as aromatherapy, nontherapeutic massage, waxing, facials, sauna, steam room, nail services and various types of skin treatments.
Circuses, fairs, carnivals, festivals, outdoor sales events, or other types of temporary outdoor uses that run for a limited time, but not more than six weeks; are intended to or are likely to draw substantial crowds or a steady flow of customers; and are unlike the customary or usual activities generally associated with the property where the special event is to be located.
A retail establishment less than 5,000 square feet which primarily carries limited types of interrelated goods, including a bakery, candy/nut confectionery, dairy food store, delicatessen, product store, health food store, ice cream parlor, meat/fish store and wine and cheese shops.
A retail store less than 5,000 square feet which carries limited types of interrelated goods, including but not limited to bookstores, candle shops, cosmetic shops, florist shops, gift shops, hobby and craft supply shops, novelty shops, jewelry shops, key shops, newspaper/magazine shops, pet shops, photographic shops, plant shops, print stores, secondhand merchandise, souvenir shops, stationery shops, tack shops, telephone stores and tobacco shops.
A structure designed to shelter not more than two animals.
That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it.
A partial story under a gable, hip or gambrel roof, the wall plates of which, on at least two opposite exterior walls, are not more than four feet above the floor of such story.
A public or private right-of-way which provides a public means of access to an abutting property. The term "street" shall include road, avenue, drive, circle, highway or similar term.
STREET, ARTERIALA street designed to carry large volumes of traffic, normally controlled by traffic signs and signals, and serves a major portion of the vehicular traffic entering and leaving the Town.
STREET, COLLECTORA street designed to carry moderate volumes of traffic, which, in addition to providing access to abutting properties, is intended to collect traffic from, and distribute it to, a series of local streets within a neighborhood.
STREET, LOCALA street designed to carry limited volumes of traffic and intended to serve and provide access primarily to the properties abutting thereon or to provide a cross-connection between other local streets.
Structures placed within the street right-of-way for the purpose of amenity or service, including but not limited to benches, trash receptacles, information boards, bollards, and decorative light fixtures.
Any change in the structural members of a building, such as walls, columns, beams, girders, or rafters.
Anything built or constructed.
Any person or agent thereof who subdivides any land as defined herein or undertakes any of the activities covered by the subdivision regulations of the Town of Bel Air Development Regulations. The term "subdivider" includes the term "developer," even though the persons involved in successive stages of a project may vary.
The division of any lot, tract or parcel of land into two or more lots, parcels, plats or sites, or the division of any land by the laying out or creation of any new public street, road, alley, public use, parking area, easement, or any other public place, space, or building site, for the purpose, whether immediate or future, of transfer of ownership or building development. It includes resubdivision, lot consolidation and, when appropriate to the context, relates to the process of resubdivision or to the land or territory subdivided.
Completion of footings and foundation in new construction, with walls at least partially erected, or any alteration of a structural member in existing construction.
Any addition to a property and/or any extension, repair, reconstruction, or other improvement of a property, the cost of which equals or exceeds 50% of the fair market value of a property before the improvement is made.
A retail establishment which sells dry groceries, produce, household items and limited baking or delicatessen items prepared on premises having a gross floor area (exclusive of basement) exceeding 5,000 square feet.
Development with the goal of preserving environmental quality, natural resources and livability for present and future generations. Sustainable initiatives work to ensure efficient use of resources.
See "body-piercing service."
An establishment used primarily for the dispensing of alcohol for consumption on premises to the general public where food is sold or served as accessory to the primary use and which possesses the appropriate license from the State of Maryland.
A tavern (as defined separately in Article XIV) in which dancing, gaming or live entertainment are provided.
Current standards, specifications and details for water mains, sanitary sewers, storm drains, streets and roads, as adopted by the Board of Town Commissioners, and all amendments thereto.
Properties located on the fringe of the downtown commercial districts which are significantly impacted by commercial development and traffic patterns.
The purpose or activity for which land, buildings, or structures are designed, arranged, intended, occupied or maintained.
A group of similar use types that are associated with each other to such an extent that they perform a specific land use function. For the purposes of this Part 2, use categories are:
The temporary use or activity permitted for a maximum period of 30 days unless otherwise noted in this Part 2.
That portion of a lot that is used by vehicles for access, circulation, parking, and loading and unloading. It comprises the total of circulation areas, loading and unloading areas, and parking areas.
A commercial facility used for the storage and handling of freight or merchandise. Storage incidental to retail sales not in excess of 50% of the total gross square feet of the establishment is excluded.
The geographic area which drains into a specific body of water. A watershed may contain several subwatersheds.
Natural areas, as determined by the United States Army Corps of Engineers, that have a predominance of hydric soils and that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions.
An open area between the lot line and setback or existing building line within which no principal structures shall be located.
YARD, FRONTA yard extending the full width of the lot between any principal building and all front lot lines measured perpendicular to the front lot line at the closest point of the nearest point on the principal building.
YARD, REARA yard extending the full width of the lot between any principal building and the rear lot line measured perpendicular to the rear lot line at the closest point of the nearest point on the principal building. A lot with multiple front yards may not have a rear yard. Rear yard dimensions may be averaged as stated in Article IX.
YARD, SIDEA yard extending from the front yard to any other lot line between any principal building and the side lot line and measured perpendicular to the side lot line at the closest point of the nearest point on the principal building. Side yard dimensions may be averaged as stated in Article IX.
The administrative officer charged with enforcement of the requirements specified in the Land Use Article of the Annotated Code of Maryland and the requirements of the Town of Bel Air's Development Regulations. The Zoning Administrator is also known as the Director of Planning and Community Development.
Any request for subdivision, site plan approval, special exception, special development, variance, interpretation, annexation or rezoning or amendment, modification or clarification of the same.
The Zoning Map[2] of Bel Air, Maryland, dated November 28, 2016, together with all amendments thereto subsequently adopted.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
[2]
Editor's Note: The Zoning Map is included as an attachment to this chapter.