A.

Purpose

The R-H-ED District is established to provide requirements for single-family attached dwelling units on certain properties determined to contribute to the historic character of areas designated on the National Register of Historic Places. It is the intent of this district that the attached dwellings be compatible with the historic character of the area, and be developed with sensitivity to the natural environment. Protection of historic and environmental resources is to be achieved by requiring Historic District Commission review and directing development away from sensitive resources.

B.

Uses Permitted as a Matter of Right

1.

One single-family detached dwelling unit per lot.

2.

One zero lot line dwelling unit per lot.

3.

Single-family attached dwelling units.

4.

Farming.

5.

Conservation areas, including wildlife and forest preserves, environmental management areas, reforestation areas, and similar uses.

6.

Convents and monasteries used for residential purposes.

7.

Government structures, facilities and uses, including public schools and colleges.

8.

Private recreational facilities, such as swimming pools, basketball courts and tennis courts, reserved for the use of on-site residents and their guests. Such facilities may be located within condominium developments as well as within communities where all properties are included within recorded covenants and liens which govern and provide financial support for operations of the facilities.

9.

Carnivals and fairs sponsored by and operated on a nonprofit basis for the benefit of charitable, social, civic or educational organizations, subject to the requirements of Section 128.0.D.

10.

Seasonal sales of Christmas trees or other decorative plant materials, subject to the requirements of Section 128.0.D.

11.

Underground pipelines; electric transmission and distribution lines; telephone, telegraph and CATV lines; mobile transformer units; telephone equipment boxes; and other similar public utility uses not requiring a conditional use.

12.

Commercial communication antennas attached to structures, subject to the requirements of Section 128.0.E.4. Commercial communication towers located on government property, excluding School Board property, and with a height of less than 200 feet measured from ground level, subject to the requirements of Section 128.0.E.2 and Section 128.0.E.3. This height limit does not apply to government communication towers, which are permitted as a matter of right under the provisions for "Government structures, facilities and uses."

13.

Volunteer fire departments.

14.

Rooftop solar collectors.

(Bill No. 17-2021(ZRA-197), § 1, 5-6-2021)

C.

Accessory Uses

The following are permitted accessory uses in the R-H-ED District. More than one accessory use shall be permitted on a lot, provided that the combination of accessory uses remains secondary, incidental and subordinate to the principal use.

1.

Any use normally and customarily incidental to any use permitted as a matter of right in this District. Accessory structures are subject to the requirements of Section 128.0.A.

2.

Farm tenant houses, caretakers' cottages and similar uses customarily accessory to agricultural and residential estate uses, provided that these uses shall not be permitted on parcels of less than 50 acres, and further provided that one unit shall be allowed for each 50 acres of that parcel.

3.

The housing by a resident family of:

a.

Not more than four non-transient roomers or boarders; or

b.

Not more than eight mentally and/or physically disabled persons or persons 62 years of age or older, provided the use is registered, licensed or certified by the State of Maryland; or

c.

A combination of a and b above, provided that the total number of persons housed in addition to the resident family does not exceed eight.

4.

Home occupations, subject to the requirements of Section 128.0.C.

5.

Home care, provided that if home care is combined with housing of mentally or physically disabled persons or persons 62 years of age or older, as allowed by Subsection 4.b above, the total number of persons receiving home care at any one time plus the number of persons being housed shall not exceed eight.

6.

Parking:

a.

Off-street parking of no more than two commercial vehicles on lots of three or more acres and no more than one commercial vehicle on lots of less than three acres. Private off-street parking is restricted to vehicles used in connection with or in relation to a principal use permitted as a matter of right in the district.

b.

Off-street parking or storage of unregistered, inoperable, wrecked, dismantled or destroyed motor vehicles shall not be permitted, except as provided by Section 128.0.D.

7.

Storage of recreational vehicles or boats, provided that on lots of 20,000 square feet or smaller, such storage shall be limited to the following:

a.

One recreational vehicle with a length of 30 feet or less; and

b.

One boat with a length of 20 feet or less.

8.

Snowball stands, subject to the requirements of Section 128.0.D.

9.

Small Wind Energy System, building mounted, on single-family detached dwellings and non-residential structures only, subject to the requirements of Section 128.0.L.

10.

Accessory ground-mount solar collectors.

(Bill No. 17-2021(ZRA-197), § 1, 5-6-2021)

D.

Bulk Regulations

(Also see Section 128.0.A, Supplementary Bulk Regulations, and 128.0.G, Alternative Regulations for Traditional Residential Neighborhoods.)

1.

The following maximum limitations shall apply:

a.

Height

(1)

Principal structure .....40 feet

(2)

Accessory structures .....15 feet

b.

Lot coverage for structures within single-family attached projects developed with one dwelling unit per lot .....60%

c.

Density .....10.0
dwelling units per net acre

d.

Maximum units per structure—Single-family attached
dwelling units .....8 units
per structure

e.

Building length—single-family attached .....120 feet

However, the Director of the Department of Planning and Zoning may approve a greater length, up to a maximum of 300 feet, based on a determination that the design of the building will mitigate the visual impact of the increased length.

2.

Minimum lot size—single-family detached dwellings .....6,000 sq. ft.

3.

Minimum lot width at building restriction line single-family detached dwellings .....60 feet

4.

Minimum setback requirements

a.

From arterial or major collector public street right-of-way

(1)

Structures

(a)

Front or side .....30 feet

(b)

Rear .....50 feet

(2)

Uses (other than structures) in all development projects except single-family detached .....30 feet

b.

From other public street right-of-way or private street

(1)

Structures

(a)

Single family attached front or side .....20 feet

(b)

Single family attached front or side with detached garages .....20 feet

(c)

Single family attached front or side without detached garages .....15 feet

(d)

Rear to public street .....40 feet

(e)

Rear to private street .....20 feet

(f)

Rear to internal alley .....5 feet

(2)

Uses (other than structures) excluding uses in single-family detached development projects and parking for single-family attached dwellings .....20 feet

c.

From vicinal properties—for all structures and uses in single-family attached or apartment development projects

(1)

From an RC, RR, R-20, R-12, R-ED or R-SC District or a single-family land use area of a NT, PGCC or MXD District

(a)

Single-family attached dwellings .....50 feet

(b)

Other structures or uses .....50 feet

(2)

From any other zoning district or, if land adjacent to project is zoned R-H-ED, from the project boundary

(a)

Single Family Attached .....25 feet

(b)

Other structures or uses .....20 feet

(3)

If another residential zoning district is separated from the R-H-ED district by a public street, only the setbacks from the public street right-of-way apply.

d.

From lot lines

(1)

Structures in all development projects except single-family attached

(a)

Front .....20 feet

(b)

Side

(i)

Development other than zero lot line .....7.5 feet

(ii)

Zero lot line development .....0 feet

A minimum of 15 feet must be provided between residential structures.

(c)

Rear

(i)

Principal structures .....30 feet

(ii)

Accessory structures .....10 feet

(2)

Uses (other than structures) in all development projects except single-family detached or attached .....20 feet

e.

From streams, notwithstanding Section 16.116 of the County Code, structures and uses .....250 feet

5.

Minimum distances between single-family attached buildings and single-family detached dwellings:

a.

Face to face .....30 feet

b.

Face to side/Rear to side .....30 feet

c.

Side to side .....15 feet

d.

Rear to rear .....60 feet

e.

Rear to face .....100 feet

E.

Usable Outdoor Space

Single family attached units shall have usable outdoor space equal to a 15 foot deep yard. Alternatively the recreation open space requirement in Section 16.121(A)(4) of the Subdivision and Land Development Regulations shall be increased by 300 square feet per unit.

F.

Approval of the Preliminary Equivalent Sketch Plan by Planning Board

1.

For developments in the R-H-ED District requiring a Sketch Plan, a preliminary equivalent sketch plan must be approved by the Planning Board.

2.

Prior to Planning Board approval, the Preliminary Sketch Plan will be evaluated by the Design Advisory Panel in accordance with the procedures established in Section 16.1500 of the County Code. The Design Advisory Panel recommendations shall be included in the Technical Staff Report produced by the Department of Planning and Zoning and forwarded to the Planning Board of its consideration.

3.

The Planning Board, before acting upon the preliminary equivalent sketch plan, shall review comments from the Department of Planning and Zoning and the Subdivision Review Committee and shall hold a public meeting.

4.

A preliminary equivalent sketch plan submitted for review shall include all of the information required by the Subdivision and Land Development Regulations of the Howard County Code as well as the following information:

a.

The existing environmental and historic resources of the site, including: streams, wetlands and their buffers; extent and quality of existing vegetation, especially tree cover, steep slopes; historic structures and their landscape setting; and the scenic qualities of the site.

b.

The location of proposed improvements in relation to the resources cited above.

c.

The location and amount of sensitive areas which will be disturbed by structures, paved surfaces, and infrastructure, if any, and plans for minimizing such disturbances.

d.

The location and amount of grading and clearing.

e.

Plans for minimizing site disturbance and preserving the existing topography, vegetation and landscape character.

f.

Documentation indicating how the proposed development will comply with the requirements of the Howard County Forest Conservation Program.

g.

The proposed construction practices and post-construction site maintenance strategies to minimize development impacts on forest and other resources.

h.

Proposed open space, easements, and other forms of permanent protection for sensitive areas, forest conservation areas, or other on-site resources such as historic 36 structures and settings.

5.

The Planning Board may approve, approve with modifications and/or conditions attached, or disapprove the preliminary equivalent sketch plan, stating the reasons for its action. The Planning Board's decision shall be based upon the criteria given in Subsection 111.1.F.7 below.

6.

The Planning Board may, at the time of approval of the preliminary equivalent sketch plan, require the subsequent approval by the Board of a site development plan for all or a portion of the development.

7.

The following criteria shall be used in evaluating preliminary equivalent sketch plans:

a.

The proposed lay-out of lots and open space effectively protects environmental and historic resources.

b.

Buildings, parking areas, roads, storm water management facilities and other site features are located to take advantage of existing topography and to limit the extent of clearing and grading.

c.

Setbacks, landscaped buffers, or other methods are proposed to buffer the development from existing neighborhoods or roads, especially from designated scenic roads or historic districts.

G.

Approval of the Site Development Plan by the Planning Board

1.

Planning Board approval of a Site Development Plan is required if:

a.

A sketch plan is not required for the development; or

b.

The Board has reserved for itself the authority to approve the site development plan; or

c.

The site development plan is for the development of buildings on an open space lot; or

d.

The proposed development differs from the approved preliminary equivalent sketch plan in one of the following ways:

(1)

The limits of clearing and grading are such that the development will impact a significantly larger area of the site than indicated on the sketch plan.

(2)

The development will have a greater adverse impact on environmentally sensitive areas than indicated on the sketch plan.

2.

The Planning Board may approve, approve with modifications and/or conditions attached, or disapprove the site development plan, stating the reasons for its action. The Planning Board's decision shall be based upon the criteria listed in Section 111.1.F.7 above.

3.

Minor additions and modifications to Site Development Plans approved by the Planning Board and meeting the criteria below shall not require Planning Board approval. Also, minor new projects which have been granted a waiver of the Site Development Plan requirement by the Director of Planning and Zoning do not require Planning Board approval. However, all changes of use which require exterior site alterations require Planning Board approval.

H.

Moderate Income Housing Units

At least 10% of the dwellings in each R-H-ED development shall be Moderate Income Housing Units.

I.

Other Provisions

1.

Historic District Commission

The design of new structures shall be determined by the Historic District Commission to be compatible with the historic character of the area.

2.

Zero Lot Line Dwellings

Zero lot line dwelling unit may be located on the property line provided that no part of the building shall protrude onto the adjoining lot, and provided that at the time of recordation of the Final Subdivision Plan, easements shall be recorded to permit access to the adjoining lot for purposes of maintenance to the side of any zero lot line dwelling which faces a side yard of less than seven and one-half feet. Further, a maintenance agreement shall be included in the deed where appropriate.

3.

Lot Disturbance and Walkability

The design and construction of the community shall limit site disturbance and encourage walkability in historic areas.

J.

Conditional Uses

Conditional Uses in the R-H-ED District are subject to the detailed requirements for Conditional Uses given in Section 131.0. For the list of permitted Conditional Uses, refer to the chart in Section 131.0.