A.   an apartment, multi use, or general building type is proposed; and

B.   a site plan or conditional use approval is required.

A.   Any development must:

1.   allow a vehicle, pedestrian, or bicycle to enter and exit the property to and from a street or an abutting site safely;

2.   limit vehicle access across a primary pedestrian, bicycle, or transit route wherever feasible;

3.   allow a vehicle to enter and exit any on-site parking area in a forward motion; and

4.   allow a vehicle to access any pad site from within the site.

B.   Land that is located in a Residential Detached zone must not be used for driveway or vehicular access to any land that is not in a Residential Detached zone, except:

1.   in a Historic District; or

2.   where such access has been previously approved for a property with a legally existing nonresidential use.

A.   Driveway dimensions must satisfy the following table:

B.   The applicable deciding body may require a wider driveway if there is an unusual traffic, grade, or site condition.

C.   If on-site parking is accessible from an improved alley with a right-of-way of at least 20 feet in width:

1.   access must be from the alley;

2.   and new curb cuts along the public right-of-way must be limited, to the extent practicable.

D.   A maximum of 2 driveways may be permitted for every 300 feet of site frontage along any street.

E.   Unless the road is classified as a residential road, a vehicle must access a corner lot with only one driveway or a through lot from the street with the lower roadway classification.

A.   Under Division 6.2, any use must provide off-street parking that permits a vehicle to enter and exit the property. Any change in floor area, capacity, use, or parking design requires recalculation of the parking requirement under Division 6.2, and may be subject to a payment under Chapter 60. The parking ratios of Division 6.2 do not apply to any:

1.   structure on the National Register of Historic Places; or

2.   expansion or cumulative expansions of less than 500 square feet in gross floor area or impervious cover.

B.   An applicant must not reduce the area of an existing off-street parking facility below the minimum number of parking spaces required under Division 6.2 unless a parking waiver under Section 6.2.10 is approved.

1.   To calculate the required number of vehicle and bicycle parking spaces from the tables in Section 6.2.4, a fractional space must be rounded up to the nearest whole number.

2.   If the required number of parking spaces is calculated based on number of employees, the time when the maximum number of employees is present must be used.

3.   A parking space that provides an electric charging station must count toward the minimum number of parking spaces required.

4.   Any parking space provided for handicapped persons, up to 10 motorcycle/ scooter spaces, and any car-share space count toward the minimum number of parking spaces required. Car-share spaces do not count against the parking maximum.

5.   Any on-street parking space in a right-of-way counts toward the minimum number of required parking spaces if the space is:

a.   not located within a Parking Lot District;

b.   abutting or confronting the subject property;

c.   constructed by the applicant; and

d.   for a Retail/Service Establishment or Restaurant use, or a car-share space.

1.   A parking facility with 50 to 149 parking spaces must have a minimum of one car-share parking space. One additional car-share parking space is required for each 100 parking spaces more than 149, or fraction thereof, up to a maximum requirement of 5. A parking facility may provide more car-share parking spaces than required.

2.   If the property owner cannot find a car-share organization willing to make use of the spaces, the property owner may use the spaces for publicly-available parking. If a County recognized car-share organization notifies the property owner that the organization wants to use the car-share spaces, the property owner must make the spaces available to the car-share organization within 90 days after receiving written notice of interest from the County recognized car-share organization.

1.   Long-term bicycle parking spaces are for residents and employees. Short- term bicycle parking spaces are for patrons and visitors.

2.   Section 6.2.4.C shows the percent of total bicycle spaces that must be for long-term parking. The rest of the bicycle spaces must be short-term spaces.

3.   The maximum number of bicycle parking spaces listed in the bicycle parking table under Section 6.2.4.C is the maximum required of the applicant; however, the applicant may choose to exceed the maximum.

1.   An applicant may satisfy the required number of vehicular parking spaces through off-site parking on property located within ¼ mile of the subject property if the off-site property is plat-restricted, deed-restricted, or is under a joint use agreement. The plat or deed restrictions must specify that the property provides the required number of parking spaces for a use on another property. The plat or deed restrictions may be lifted if substitute off-site parking is provided or if the use requiring the parking ceases to exist. A joint use agreement must:

a.   be for a property under the control of the involved parties;

b.   be approved by the deciding body;

c.   have a minimum term of 5 years; and

d.   require the parties to notify DPS within 3 days after any changes to the joint use arrangement and provide DPS with a minimum of one month notice of any pending termination of the agreement.

e.   If the parking available under a joint use agreement is reduced, the use-and-occupancy permit for the development that was approved in reli-ance on the joint use agreement must be amended or revoked, as appro-priate, due to the reduced parking unless a parking waiver under Section 6.2.10 is approved.

f.   A property owner must obtain a new use-and-occupancy permit, including proof of sufficient parking, if there is a change in use of the property or in the joint use agreement.

2.   An applicant may satisfy the required number of vehicular parking spaces if the property is within the boundary of a duly established Municipal Shared Parking Program and the municipality confirms that the property will participate in that Program.

a.   In a Parking Lot District, an applicant may provide fewer parking spaces than required, after all adjustments are made under Section 6.2.3.I, if payment is made under Chapter 60.

b.   In a Parking Lot District, the maximum number of allowed parking spaces is equal to the parking maximum indicated in the parking table under Section 6.2.4.B, and may not be exceeded.

a.   In a Reduced Parking Area, an applicant may provide fewer parking spaces than required, after all adjustments are made under Section 6.2.3.I, only if a parking waiver under Section 6.2.10 is approved.

b.   In a Reduced Parking Area, an applicant may provide more parking spaces than allowed by the maximum if all of the parking spaces provid-ed in excess of the maximum number allowed are made available to the public and are not reserved, or if a parking waiver under Section 6.2.10 is approved.

a.   Reduced parking rates under Section 6.2.3.I are not mandatory. The maximum number of parking spaces allowed in a Parking Lot District or Reduced Parking Area is based on the baseline maximum in the parking table under Section 6.2.4.B.

b.   Adjustments under Section 6.2.3.I to the minimum number of required parking spaces must not result in a reduction below 50% of the baseline parking minimum or shared parking model minimum except for adjustments allowed under Section 6.2.3.I.8.

a.   The parking minimum resulting from a Special Uses adjustment may not be further reduced by additional adjustments under Section 6.2.3.I.

b.   Restricted Housing Types

c.   Religious Assembly

i.   The deciding body may reduce the required number of parking spaces:

(a)   to 0.15 spaces per fixed seat for a Religious Assembly located within 500 feet of any commercial or industrial parking lot where sufficient spaces are available during the time of services to make up the difference; or

(b)   to 0.125 per fixed seat for a Religious Assembly used by a congregation whose religious beliefs prohibit the use of motor vehicles in traveling to or from religious services conducted on their Sabbath and principal holidays. The required number of parking spaces may be off-site if the Religious Assembly is located in a Parking Lot District or Reduced Parking Area or within 500 feet of any commercial parking lot where sufficient spaces are available during the time of services or other proposed use of the building.

ii.   The parking space requirement does not apply to any existing building or structure located in a Commercial/Residential, Employment, or Industrial zone that is used for Religious Assembly, if the existing parking meets the requirements for any commercial or industrial use allowed in the zone.

a.   An applicant proposing development with more than one use may submit a shared parking analysis using the Urban Land Institute Shared Parking Model (Second Edition, 2005) instead of using the parking table in Section 6.2.4.B.

b.   The minimum number of required parking spaces under the shared parking model may be adjusted under Section 6.2.3.I.4 through Section 6.2.3.I.6.

a.   NADMS Percentage Goal

i.   The baseline parking minimum or shared parking model minimum may be reduced by the Non-Auto Driver Mode Share (NADMS) percentage goal recommended in the applicable master plan, up to a maximum reduction of 20%.

ii.   The baseline maximum vehicle parking standard must not be changed by the NADMS percentage goal.

iii.   The NADMS percentage goal adjustment must be calculated before any other adjustment is taken.

a.   Residential uses are exempt from the baseline parking minimums in the parking table under Section 6.2.4.B. if located the following distance from transit:

i.   within ½ mile of a Metro station;

ii.   within ½ mile of a Purple Line station; or

iii.   within ¼ mile of an existing Bus Rapid Transit station or a Bus Rapid Transit station that has been funded for construction in the 6-year CIP at the time of application.

b.   If no parking spaces are being provided under Section 6.2.3.I.8.a, then residential uses under Section 6.2.3.I.8.a. must provide handicapped spaces that meet the design requirements of handicapped parking spaces under State law. One handicapped parking space is required for every 25 dwelling units. This handicapped parking space requirement can be satisfied if the applicant demonstrates the requisite number of handicapped parking spaces are available within 1,000 feet of an accessible entrance to the residential use.

1.   detached house;

2.   duplex; or

3.   townhouse that provides parking on individual lots.

1.   Any off-street parking area must be arranged and marked to provide for orderly and safe loading, unloading, parking, and storage of vehicles.

2.   Each individual parking space must be clearly marked, and directional arrows and traffic signs must be provided as necessary for traffic control.

3.   Each space or area for compact parking must be clearly marked to indicate the intended use.

1.   Each parking space must satisfy the following minimum dimensional requirements:

2.   A parking space may be reduced by 2 feet in length where the overhang will not conflict with pedestrian, bicycle, or vehicular circulation.

3.   Within a Parking Lot District or Reduced Parking Area, up to 20% of all required spaces may be compact spaces. Outside of a Parking Lot District or Reduced Parking Area, up to 10% of all required spaces may be compact spaces.

4.   If a column or other obstruction would interfere with opening a car door, then the minimum stall width of the affected space must be increased by one foot.

5.   Tandem parking is allowed for dwelling units. Two parking spaces in tandem must have a combined minimum dimension of 8.5 feet in width by 36 feet in length. When used for residential purposes, both tandem parking spaces must be assigned to the same dwelling unit.

6.   Valet parking may be allowed to satisfy the parking requirement if:

a.   an attendant or mechanized system to park vehicles is available during all business hours of the associated use; and

b.   the number of valet spaces equals the number of required parking spaces. Valet spaces do not require individual striping, and may use tandem or mass parking of vehicles.

1.   located in a preferential, highly visible area within the parking facility;

2.   a minimum width of 9 feet;

3.   designed so that the space and pathways for the future installation of at least a 120 volt charging station and associated infrastructure are provided; and

4.   constructed such that all conduits leading to the electrical room, including electrical service conduit, service size, and the electrical room are appropriately sized to accommodate future electrical equipment necessary for the number of electric vehicle charging station ready parking spaces required.

1.   If a drive aisle has parking stalls along the sides it is an interior drive aisle. A drive aisle with no parking stalls along the sides is an entrance or exit drive aisle.

2.   A drive aisle must have the following minimum width based on the configuration of the adjacent parking spaces and travel direction:

1.   Each parking space must be separated from any road, street, alley, or sidewalk by curbing or wheel stops.

2.   Any road, street, alley, sidewalk, or other public right-of-way must be protected from vehicular overhang by wheel stops, curbs, spacing between the right-of-way line and the parking area, or other method approved by DPS.

a.   The minimum rear parking setback equals the minimum rear setback required for the detached house.

b.   The minimum side parking setback equals 2 times the minimum side setback required for the detached house.

c.   In addition to the required setbacks for each parking facility:

i.   the required side and rear parking setbacks must be increased by 5 feet for a parking facility with 150 to 199 parking spaces; and

ii.   the required side and rear parking setbacks must be increased by 10 feet for a parking facility with more than 199 parking spaces.

a.   Vehicles and machinery used primarily for Farming may be parked without restriction.

b.   Parking of a tow truck with a vehicle attached is prohibited.

c.   A commercial vehicle under Section 6.2.5.L must be owned or used by an occupant of the dwelling.

a.   On any lot or parcel up to 0.5 acre, one light commercial vehicle and one unoccupied recreational vehicle, or two light commercial vehicles, may be parked at any one time.

b.   On any lot or parcel more than 0.5 acre and less than 2 acres, up to 3 light commercial vehicles and one unoccupied recreational vehicle may be parked at any one time. One additional recreational vehicle may be used for dwelling purposes on the property for up to 3 days in any month.

c.   On any lot or parcel more than 2 acres, there are no restrictions on commercial and recreational vehicle parking.

a.   Up to 3 light commercial vehicles and one unoccupied recreational vehicle may be parked on any lot or parcel in the RE-2, RE-2C, or RE-1 zone at any one time. One additional recreational vehicle may be used for dwelling purposes on the property for up to 3 days in any month.

b.   Any property zoned RE-1 that does not have a minimum lot area of 40,000 square feet must satisfy the requirements for Surface Parking in R-200, R-90, and R-60 under Section 6.2.5.M.

1.   Parking for any vehicle or trailer in the area between the lot line and the front or side street building line must be on a surfaced parking area.

2.   Except as provided in Section 6.2.5.M.3, the maximum surfaced parking area between the lot line and the front or side street building line, excluding the surfaced parking area in a driveway on a pipestem or flag-shaped lot, is:

a.   in the R-200 and R-90 zones, 30% or 320 square feet, whichever is greater; and

b.   in the R-60 and R-40 zones, 35% or 320 square feet, whichever is greater.

3.   A surfaced parking area may exceed the size limits in Section 6.2.5.M.2 if:

a.   the surfaced parking area existed before October 26, 2010 and is not increased in size;

b.   the property has primary access from a Neighborhood Connector Street, major highway, Area Connector, Downtown Boulevard, Town Center Boulevard, boulevard, or any state road, and is equal to or less than 50% of the area between the lot line and the front or side street building line;

c.   the property is a stone or rock quarry in the R-200 zone; or

d.   DPS grants a waiver to protect public safety.

4.   Parking a vehicle in the area between the lot line and front or side street building line on a non-surfaced parking area or on less than 160 square feet of surfaced parking area for each vehicle is prohibited.

5.   One vehicle may be parked for every 160 square feet of surfaced parking area.

6.   Temporary parking for visitors, loading, or unloading is permitted on any area for a maximum of 12 days per year. Temporary parking may also be permitted for cleaning vehicles and trailers if the vehicles are not heavy commercial vehicles.

7.   Servicing a heavy commercial vehicle is prohibited.

Definitions.

In this section, except where specified otherwise, the following words and phrases have the meanings indicated:

a.   Each horizontal parking space (a space provided parallel to the ground) must have a minimum length of 72 inches, a minimum width of 18 inches, and a minimum height of 84 inches. If an inverted-U or similar rack is provided, one rack may serve two bicycles if it is installed so that it provides the minimum parking space dimensions on each side.

b.   When a parking space is provided perpendicular to the ground, the vertical clearance of the space must be a minimum of 75 inches and the depth (measured along the floor from the anchoring wall) must be a minimum of 48 inches. The width of the space must be a minimum of 30 inches.

c.   A minimum of 10% of long-term parking spaces must be at least 120 inches long and 30 inches wide.

d.   A bicycle parking facility must have an access aisle that is a minimum of 72 inches on at least one side of a row of parked bicycles.

a.   permit a bicycle frame and one wheel to be locked to the rack with a high-security lock;

b.   permit a bicycle to be securely held with its frame supported in at least 2 places;

c.   be durable and securely anchored;

d.   have a locking surface thin enough to allow standard u-locks to be used, but thick enough so the rack cannot be cut with bolt cutters; and

e.   not include any elements within the interior space.

a.   Each long-term bicycle parking space must be provided within a building, covered parking garage, or secure parking area located near the building or structure and the street or other bicycle right-of-way. Bicycle lockers do not satisfy the requirements for long-term bicycle parking.

b.   Facilities for long-term bicycle parking include: bicycle rooms on the ground floor of a residential/commercial building, bicycle rooms in a parking garage, bicycle cages in a parking garage, and secure parking areas.

c   When a development project includes multiple buildings, the total number of parking spaces required will be calculated for the entire project and distributed proportionally to each building based on its share of the total parking space requirement. When the long-term bicycle parking for multiple buildings is co-located, it must be within 200 feet of an entrance to each of the participating buildings.

d.   Each space must be available and accessible for all building tenants during the building's hours of operations. For residential tenants, each space must be accessible 24 hours a day, 7 days a week.

e.   A long-term bicycle parking space in a garage:

i.   must be clearly marked as a long-term bicycle parking space;

ii.   must be located no lower than the first complete parking level below grade, and no higher than the first complete parking level above grade;

iii.   must be in a well-lit, visible location near the main entrance or elevators;

iv.   should be separated from vehicle parking by a barrier that minimizes the possibility of a parked bicycle being hit by a car; and

v.   must be outfitted with a rack to lock the bicycle, as defined in Section 6.2.6.A.2.

f.   If a long-term bicycle parking space is in an enclosed area, the facility must not be accessible to anyone without authorized access.

g.   Each facility must be well-maintained and well lit.

h.   If the bicycle storage area requires the use of doors, doors must be fully automatic or automatically open with the push of a button.

i.   Stacked bicycle racks, or racks that increase parking capacity by providing more than one tier, must:

i.   include a mechanism that lowers upper-level loading trays;

ii.   have an aisle with a minimum width of 84 inches; and

iii.   be designed so that users can easily lock the bicycle from the aisle.

a.   Any individual tenant space with more than 50,000 square feet of nonresidential gross floor area (excluding retail or uses with less than 50 employees during the largest shift) must have at least two all-gender, single-stall, combined shower/changing rooms for each building. If a development with more than 50,000 square feet of nonresidential gross floor area (excluding retail or uses with less than 50 employees during the largest shift) has shower and changing facilities in a common area that is available to all tenants, at least two all-gender, single-stall, combined shower/changing rooms must be provided for each building.

b.   If a long-term bicycle storage facility is required for a nonresidential use, the facility must have a minimum of 0.6 clothing lockers for each required long-term storage space. Each clothing locker must be:

i.   a minimum of 12 inches wide, 18 inches deep, and 36 inches high;

ii.   available for use during all hours that employees are on-site; and

iii.   installed adjacent to the showers and changing facilities in a safe and secured area.

c.   Section 6.2.6.A.3 does not apply to a public parking facility.

All long-term bicycle parking facilities must be equipped with at least one outlet for every five spaces, evenly distributed throughout the long-term bicycle parking facility.

1.   Location, Access, and Security

a.   Each short-term bicycle parking space must be:

i.   available to the public;

ii.   located in a convenient, well-lit area that is clearly visible to both a visitor to the building and a person who is on the sidewalk that accesses the building's main entrance; and

iii.   within 90 feet of:

(a)   the main entrance of each building within the development, and closer than the nearest non-accessible vehicle parking space; or

(b)   at least one main entrance of a building with more than one main entrance; unless

(c)   the applicable deciding body approves an alternative location during the site plan or conditional use process; and

iv.   outfitted with a rack to which a bicycle can be locked, as defined in Section 6.2.6.A.2.

b.   Each parking facility is prohibited from obstructing pedestrian traffic or interfering with the use of the pedestrian area.

c.   Any sidewalk rack that is:

d.   Each sidewalk rack must be a minimum of 14 feet from any stand-alone fire hydrant.

e.   Each parked bicycle must be accessible without moving another bicycle.

(Legislative History: Ord. No. 19-11, § 1.)

1.   A Restaurant must have a minimum of 5 queuing spaces for each drive-thru lane.

2.   Any non-Restaurant use must have a minimum of 3 queuing spaces for each drive-thru lane.

1.   A queuing space must be the same size as a standard parallel parking space under Division 6.2.

2.   A vehicle must be able to use a drive-thru facility without encroaching on or interfering with the public use of streets and sidewalks.

3.   Any aisle to accommodate queuing must be clearly marked or physically separated from driveway aisles, parking spaces, and pedestrian walkways.

4.   Each queuing space must satisfy the parking lot landscaping and lighting requirements in Section 6.2.9.

a.   An off-street loading space must be located within the same development as the building or use served.

b.   An off-street loading space is prohibited from projecting into a sidewalk, street, or public right-of-way.

c.   An off-street loading space is prohibited from being located between the front building line and the lot line.

a.   10 feet wide, 30 feet long, and 14 feet high if it serves single-unit trucks and similar delivery vehicles; and

b.   12 feet wide, 55 feet long, and 15 feet high if it serves larger freight vehicles.

a.   30 feet for spaces serving single-unit trucks and similar delivery vehicles; and

b.   50 feet for spaces serving larger freight vehicles .

1.   surface parking lot with 10 or more spaces;

2.   structured parking facility; or

3.   property with a conditional use requiring 5 to 9 spaces that abuts an Agricultural, Rural Residential, or Residential Detached zoned property that is vacant or improved with an agricultural or residential use.

1.   satisfies the minimum specified parking setback under Article 59-4 or, if not specified, is a minimum of 8 feet wide;

2.   contains a hedge, fence, or wall a minimum of 4 feet high; and

3.   has a minimum of 1 understory or evergreen tree planted every 30 feet on center.

a.   A surface parking lot must have landscaped islands that are a minimum of 100 contiguous square feet each comprising a minimum of 5% of the total area of the surface parking lot. Where possible, any existing tree must be protected and incorporated into the design of the parking lot.

b.   A maximum of 20 parking spaces may be located between islands.

c.   A landscaped area may be used for a stormwater management ESD facility.

a.   The perimeter planting area for a property that abuts an Agricultural, Rural Residential, or Residential Detached zoned property that is vacant or improved with an agricultural or residential use must:

i.   be a minimum of 10 feet wide;

ii.   contain a hedge, fence, or wall a minimum of 6 feet high;

iii.   have a canopy tree planted every 30 feet on center; and

iv.   have a minimum of 2 understory trees planted for every canopy tree.

b.   The perimeter planting area for a property that abuts any other zoned property, right-of-way, or an Agricultural, Rural Residential, or Residential Detached zoned property that is improved with a civic and institutional, commercial, industrial, or miscellaneous use must:

i.   be a minimum of 6 feet wide;

ii.   contain a hedge or low wall a minimum of 3 feet high; and

iii.   have a canopy tree planted every 30 feet on center; unless

iv.   the property abuts another parking lot, in which case a perimeter planting area is not required.

1.   A structured parking garage must have a living green wall or public artwork along 50% of the ground floor of any garage wall facing a right-of-way, residential property, or open space.

2.   The roof illumination of a structured parking garage must satisfy Section 6.4.4, General Outdoor Lighting Requirements, except:

a.   any lighting fixture located within 30 feet of the deck perimeter must be 15 feet or less in height; and

b.   any fixture located elsewhere on the deck must be 30 feet or less in height.

A.   Allowed Features

B.   Prohibited Features

1.   a street;

2.   a parking or maneuvering area for vehicles;

3.   an individual wastewater disposal area, or drain field for community systems;

4.   a Transitory Use;

5.   any activity prohibited by the applicable deciding body and recorded on the legal instrument providing for permanent protection; or

6.   any use prohibited in rural open space under Section 6.3.4.A.4.

a.   All optional method Cluster Development in the RC zone must provide rural open space.

b.   All development in the RNC zone must provide rural open space.

a.   In the RC zone, the following uses allowed under Article 59-3 are prohibited in any rural open space area:

i.   Agricultural Processing;

ii.   Farm Supply, Machinery Sales, Storage, and Service;

iii.   Nursery (Retail);

iv.   Nursery (Wholesale);

v.   Slaughterhouse;

vi.   Seasonal Outdoor Sales;

vii.   Farm Labor Housing Unit not associated with a farm in the rural open space;

viii.   Independent Living Facility for Seniors or Persons with Disabilities;

ix.   Residential Care Facility (Up to 8 Persons);

x.   Residential Care Facility (9 - 16 Persons);

xi.   Residential Care Facility (Over 16 Persons);

xii.   Charitable, Philanthropic Institution;

xiii.   Day Care Center (13 - 30 Persons);

xiv.   Day Care Center (Over 30 Persons);

xv.   Private Club, Service Organization;

xvi.   Public Use (Except Utilities);

xvii.   Religious Assembly;

xviii.   Animal Boarding and Care;

xix.   Veterinary Office/Hospital;

xx.   Media Broadcast Tower;

xxi.   Country Inn;

xxii.   Cemetery;

xxiii.   Landscape Contractor;

xxiv.   Shooting Range (Outdoor);

xxv.   Rural Antique Shop; and

xxvi.   Mining, Excavation.

b.   In the RNC zone, the following uses allowed under Article 59-3 are prohibited in any rural open space area:

i.   Equestrian Facility (3+ horses);

ii.   Farm Supply, Machinery Sales, Storage, and Service;

iii.   Nursery (Retail);

iv.   Nursery (Wholesale);

v.   Winery;

vi.   Farm Market, On-site;

vii.   Seasonal Outdoor Sales;

viii.   Townhouse Living;

ix.   Independent Living Facility for Seniors or Persons with Disabilities;

x.   Residential Care Facility (Up to 8 Persons);

xi.   Residential Care Facility (9 - 16 Persons);

xii.   Residential Care Facility (Over 16 Persons);

xiii.   Charitable, Philanthropic Institution;

xiv.   Cultural Institution;

xv.   Day Care Center (13 - 30 Persons);

xvi.   Day Care Center (Over 30 Persons);

xvii.   Educational Institution (Private);

xviii.   Playground, Outdoor Area (Private);

xix.   Private Club, Service Organization;

xx.   Public Use (Except Utilities);

xxi.   Religious Assembly;

xxii.   Swimming Pool (Community);

xxiii.   Animal Boarding and Care;

xxiv.   Veterinary Office/Hospital;

xxv.   Cable Communications System;

xxvi.   Telecommunications Tower;

xxvii.   Cemetery;

xxviii.   Landscape Contractor;

xxix.   Rural Antique Shop;

xxx.   Rural Country Market; and

xxxi.   Public Utility Structure.

a.   In addition to any other requirements of Division 6.3 and Chapter 50 (Section 50-39), rural open space must:

i.   be used to minimize any potential nuisance or conflict and maximize compatibility between residential and agricultural uses within the proposed development and between the proposed and existing development;

ii.   limit the disturbance of the area to become rural open space to the maximum extent possible during construction of residential lots and associated infrastructure; and

iii.   be recorded within a separate lot or parcel with a protective easement or covenant recorded in the land records.

b.   In the RNC zone, all publicly or privately held land in the rural open space area must be preserved in perpetuity, either by dedication as parkland or by application of an easement or covenant in a recordable form approved by the Planning Board. The easement or covenant must:

i.   restrict uses in the rural open space under Article 59-3 and Section 6.3.4.A.4;

ii.   provide for the management of any natural or agricultural features under the approved site plan; and

iii.   prohibit any development or subdivision within the rural open space area not expressly allowed.

c.   Rural open space used for a farm in the RC zone must be a minimum of 25 acres, unless the Planning Board finds that a smaller farm will implement the intent of Division 6.3 and the zone.

d.   Rural open space may be managed by:

i.   reforestation;

ii.   woodland, meadow, wetland, or agricultural management;

iii.   streambank or floodplain protection; or

iv.   non-structural stormwater management; however, in the RNC zone, the Planning Board may allow a structural stormwater management facility in the rural open space if the location and appearance of the facility is consistent with the general intent of the RNC zone, and substantially conforms with the recommendations of the applicable master plan for use of the open space.

a.   floodplain;

b.   stream buffer area;

c.   jurisdictional wetland under federal law (Section 404) as defined by the Army Corps of Engineers;

d.   habitat for state- or federally-listed endangered or threatened species;

e.   historic, archaeological and cultural site, cemetery and burial ground;

f.   agricultural land containing prime farmland soil or other soil of statewide importance;

g.   an area containing existing healthy trees greater than 12 inches DBH;

h.   an area that connects the site to neighboring rural open space, trails, or greenways;

i.   areas containing highly erodible soils or soils with severe limitations for development due to drainage problems;

j.   forest areas not included in the environmental buffer; and

k.   viewsheds recommended for preservation by the applicable master plan.

a.   The minimum width for any rural open space is 75 feet unless the Planning Board grants an exception for items such as a trail easement or linear park when their purpose meets the intent of Section 6.3.4.

b.   A minimum of 60% of the rural open space must be contiguous or separated only by a residential street.

c.   Where feasible, the rural open space must adjoin any neighboring area of open space, other protected area, or non-protected natural area that would be a candidate for inclusion as part of a future area of protected rural open space.

a.   optional method development in an RNC or Residential zone;

b.   standard method development with a townhouse or apartment building type in a Residential Townhouse or Residential Multi-Unit zone;

c.   townhouse development in a Commercial/Residential or Employment zone; and

d.   Floating zone, as required under the equivalent Euclidean zone that determines uses.

a.   Common open space must be located in a central position or central positions in the neighborhood bordered by streets or building lots. It may be public or private. Common open space may also be placed in a location taking advantage of an important adjacent natural feature or open space.

b.   The minimum width for any required common open space is 50 feet unless the deciding body grants an exception for items such as a trail easement, a mid-block crossing, or a linear park, by finding that its purpose meets the intent of Division 6.3.

c.   A minimum of 50% of the required common open space must be in one contiguous area or only separated by a residential street. Any other areas must be a minimum of 2,000 square feet each and connected by sidewalks, paths, or trails.

a.   abut a public sidewalk or other public pedestrian route that provides easy access to all planned dwellings;

b.   include space for pedestrian circulation, landscaping, seating, shade, or recreation; and

c.   be in a contiguous space or spaces that abut other open space, adjacent or on-site natural features, or sidewalks or pedestrian routes, and are not so fragmented and disconnected by structures, parking, or stormwater management that they do not satisfy Section 6.3.1.

a.   Development with a civic and institutional use in the LSC zone may provide up to 50% of the required public open space as amenity open space under Section 6.3.7, if the Planning Board finds that the amenity open space better serves the public interest due to health and safety concerns.

b.   Up to 5% of public open space may be used for outdoor café areas.

a.   abut a public sidewalk or other public pedestrian route;

b.   be a minimum of 15 feet wide;

c.   include seating and shade;and

d.   be in a contiguous space.

a.   abut a public sidewalk or other public pedestrian route;

b.   include space for pedestrian circulation, landscaping, seating, shade, water features, artwork, or recreation; and

c.   be in a contiguous space or spaces that abut other public open space or sidewalks or pedestrian routes and are not so fragmented and disconnected that they do not satisfy the intent of Division 6.3.

1.   making public park or public open space improvements in an area at least as large as the required public open space located within or near the applicable master plan area; or

2.   paying all or part of the cost to design, construct, renovate, restore, install, or operate a public open space located within or near the applicable master plan area if the payment:

a.   equals the cost of constructing the same amount of public open space and any associated amenity on-site per square foot plus the fair market value of the land per square foot;

b.   implements the open space, recreation, and cultural goals of the applicable master plan; and

c.   is made within 30 days after the release of any building permit for the subject application.

1.   The minimum width for any required amenity open space is 15 feet except for a sidewalk, pathway, or trail.

2.   Amenity open space must provide space for pedestrian circulation, landscaping, seating, shade, water features, artwork, or recreation.

1.   In rural open space and common open space, illumination at the property line must be 0.1 footcandles or less.

2.   In public open space and amenity open space, illumination at the property line must be:

a.   0.1 footcandles or less if the subject property abuts a property that is in an Agricultural, Rural Residential, or Residential zone that is vacant or improved with an agricultural or residential use; and

b.   0.5 footcandles or less if the subject property abuts any other property, excluding street lights within the right-of-way.

A.   be consistent with the purposes of this Chapter;

B.   be in addition to any standards, requirements, or rules in this Chapter; and

C.   establish the minimum standards for development of a property with more than 19 residential units.

1.   DPS must not issue a final certificate of occupancy until all trees and plant material have been installed and satisfy Division 6.4.

2.   DPS may issue a temporary certificate of occupancy for a period of up to 6 months if planting of the site is impractical, or until the proper planting season to complete the landscaping requirements occurs.

3.   Landscaping and lighting must satisfy any applicable design guidelines or streetscape standards.

4.   To satisfy Section 6.2.9, Division 6.3, and Division 6.5, a property owner must not place plant material in any utility, stormwater management, or other easement that may result in removal of the plantings, except as allowed under Section 6.2.9, Division 6.3, and Division 6.5.

5.   All landscape plans and related documentation must be prepared by a licensed landscape architect.

6.   Species included on the Maryland Invasive Species Council's list of invasive aquatic or terrestrial plants must not be used for landscaping.

a.   Any landscaping must be installed under the accepted standards of the American Standard for Nursery Stock, latest edition, as published by the American Association of Nurserymen.

b.   Plant material must be true to name, variety, and size and must satisfy all applicable provisions of the American Standards for Nursery Stock, latest edition.

c.   Mature plant size is based on the Manual of Woody Landscape Plants, Stipes Publishing, latest edition.

i.   Any single trunk understory tree located in an open space area, screening area, or surface parking lot must have a minimum caliper of 1.5 inches or a minimum height of 10 feet when planted.

ii.   Any multi-trunk understory tree located in an open space area, screening area, or surface parking lot must have a minimum of 3 main stems, each with a minimum caliper of 1.5 inches per stem, or a minimum height of 10 feet, when planted.

i.   A large shrub must be of a species that is expected to grow to a minimum height of 8 feet.

ii.   A medium shrub must be of a species that is expected to grow to a minimum height of 4 feet.

iii.   A small shrub must be of a species that is expected to grow to a minimum height of 2 feet.

i.   A large shrub located in an open space area, screening area, or surface parking lot must be in a container with a minimum volume of 5 gallons or be balled and burlapped.

ii.   A medium shrub located in an open space area, screening area, or surface parking lot must be in a container with a minimum volume of 3 gallons or be balled and burlapped.

iii.   A small shrub located in an open space area, screening area, or surface parking lot must be in a container with a minimum volume of one gallon.

a.   A fence, wall other than retaining wall, terrace, structure, shrubbery, planting, or other visual obstruction on a corner lot in a Residential zone can be a maximum height of 3 feet above the curb level for a distance of 15 feet from the intersection of the front and side street lines.

b.   A deer fence on a corner lot in a Residential zone must not be located closer to the street than the face of the building.

c.   A wall or fence must not be located within any required drainage, utility or similar easement, unless approved by the agency with jurisdiction over the easement.

a.   deer fencing:

i.   in an Agricultural or Rural Residential zone; or

ii.   behind the front building line for property in a non-Agricultural or non-Rural Residential zone unless the property adjoins a national historical park;

b.   a retaining wall where changes in street grade, width, or alignment have made such structures necessary;

c.   any other wall or fence that is not on a property abutting a national historic park and is:

i.   6.5 feet or less in height when not abutting a Commercial/Residential, Employment, or Industrial zone; or

ii.   8 feet or less in height when the fence abuts:

(A)   a Commercial/Residential, Employment, or Industrial zone; or

(B)   a master planned right-of-way for a rail line; or

(C)   any service road that provides access to a master planned right-of-way for a rail line;

d.   a rustic fence on a property abutting a national historical park;

e.   any boundary fence behind the front building line, if the property is located within 100 feet of a parking lot in a national historical park; and

f.   deer fencing and any other fence that is 8 feet or less in height, if the property is farmed and agriculturally assessed.

1.   If the owner of a landscaped area fails to maintain the area according to the standards of Section 6.4.3, the County may issue a notice of violation to the property owner, allowing the property owner 90 days to correct the deficiency. Refer to Division 7.8, Violations, Penalties, and Enforcement for additional procedures.

2.   The County may recover the cost of enforcement from the property owner, including reasonable attorney's fees. The County may also, following reasonable notice and a demand that deficiency of maintenance be corrected, enter the landscaped area to maintain the area. The party with primary responsibility for maintenance of the landscaped area must reimburse the County for the work.

a.   Any building-mounted security light fixture, such as a wall pack, must not project above the fascia or roof line of the building and must be shielded.

b.   Any security fixture, including but not limited to a floodlight or wall pack, must not face ground floor residential uses.

c.   Any security fixture must not be substituted for parking area or walkway lighting, and must be located in a loading, storage, service, or other similar area.

1.   A conditional use in a duplex building type must provide screening under Section 6.5.3 if the subject lot abuts property in an Agricultural, Rural Residential, or Residential Detached zone that is vacant or improved with an agricultural or residential use.

a.   The conditional use standards under Article 59-3 may exempt the development from this requirement.

b.   The Hearing Examiner may increase the amount of screening required for conditional use approval under Section 7.3.1.

2.   Any use in a townhouse, apartment, multi use, or general building type must provide screening under Section 6.5.3 as indicated in the following table if the subject lot abuts property in an Agricultural, Rural Residential, or Residential zone that is vacant or improved with an agricultural or residential use:

1.   Screening is required along a lot line shared with an abutting property that is vacant or improved with an agricultural or residential use.

2.   Screening may be placed within any required setback. If the required setback is less than the screening width required for the building type in Section 6.5.3, the property must satisfy the required screening width in Section 6.5.3.

3.   Screening must be placed between the lot line and the subject structure or use and extend along the lot line. The screening must extend along the full length of the subject structure or use plus an additional 50% in length in each direction or to the end of the shared lot line, whichever is less.

4.   Screening is not required between a lot line and the subject structure or use if the structure or use is separated from the lot line by a surface parking lot. Instead, landscaping must be provided under Section 6.2.9.

1.   Screening is determined by the proposed building type, unless otherwise stated. The minimum screening requirements for each building type are in Section 6.5.3.C.4 through Section 6.5.3.C.8.

2.   Plant materials are specified for each 100 linear feet of screening area. Any fractional requirement must be rounded up to the next higher whole number.

3.   The applicant may choose any option for the applicable building type or use.

A.   Division 6.6 applies to any site where merchandise, material, or equipment is displayed or stored outside of a completely enclosed building.

B.   Division 6.6 does not apply to:

1.   merchandise, material, or equipment for agricultural uses in an Agricultural or Rural Residential zone; and

2.   where allowed, the outdoor sale, lease, or rental of motor vehicles and heavy equipment as part of a properly allowed use.

a.   Outdoor display means the outside display of products actively available for sale. The outdoor placement of any propane gas storage rack, ice storage bin, soft drink, or similar vending machine is an outdoor display.

b.   Outdoor display does not include merchandise or material in boxes, in crates, on pallets, or other kinds of shipping containers (see outdoor storage).

c.   Section 6.6.3 does not apply to Seasonal Outdoor Sales, under Article 59-3.

a.   be removed and placed inside a fully-enclosed building at the end of each business day, except a propane gas storage rack, ice storage bin, soft drink or similar vending machine may remain outside overnight; and

b.   not impede pedestrian use of the sidewalk or parking areas.

i.   overnight outdoor storage of any vehicle awaiting repair;