A.

Purpose

The OT District is established to allow office and other low-intensity commercial uses adjacent to areas of residential zoning. The OT District is a floating district that will provide a transition along the edges of residential areas impacted by arterial highways carrying high volumes of traffic. The standards of this district should result in small-scale commercial buildings on attractively-designed sites that are compatible with neighboring residential uses.

(Bill No. 38-2015(ZRA-157), § 1, 10-10-2015; Bill No. 72-2016(ZRA-168), § 1, 3-14-2017)

B.

Requirements for OT District

The OT District may be established at a particular location if the following requirements are met:

1.

The site has frontage on and direct access to an arterial or major collector road.

2.

Reference standards for approvals in Subsection G of this Section.

(Bill No. 72-2016(ZRA-168), § 1, 3-14-2017)

C.

Uses Permitted as a Matter of Right

1.

Animal hospitals, completely enclosed.

2.

Antique shops, art galleries, craft shops.

3.

Athletic facility, commercial, limited to: dance, martial arts, and yoga studios.

4.

Bakeries.

5.

Bicycle sales and repair.

6.

Blueprinting, printing, duplicating or engraving services limited to 2,000 square feet of net floor area.

7.

Child day care centers and nursery schools.

8.

Clothing and apparel stores with goods for sale or rent.

9.

Commercial communication antennas attached to structures, subject to the requirements of Section 128.0.E.4.

10.

Day treatment and care facilities.

11.

Furniture, appliance and business machine repair, furniture upholstering, and similar services.

12.

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

13.

One square-foot of residential space, including age-restricted adult housing, is permitted for each square-foot of commercial space and must be located within the same structure.

14.

Offices, professional and business.

15.

Pet grooming establishments and day care, completely enclosed.

16.

Personal service establishments, provided the floor area of such uses does not exceed 50% of the floor area of all non-residential uses on the approved OT site development plan.

17.

Repair and sales of electronic equipment, radios, televisions, computers, clocks, watches, jewelry, and similar items.

18.

Rooftop solar collectors.

19.

Schools, Commercial.

20.

Service agencies.

21.

Specialty store, limited to: florists, consignment shops, tailor, cobbler, and musical instrument sales.

22.

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.

(Bill No. 38-2015(ZRA-157), § 1, 10-10-2015; Bill No. 72-2016(ZRA-168), § 1, 3-14-2017; Bill No. 17-2021(ZRA-197), § 1, 5-6-2021; Bill. No. 6-2023(ZRA-203), § 1, 2-8-2023; Bill No. 62-2024(ZRA-208), § 1, 12-5-2024)

D.

Accessory Uses

Any use normally and customarily incidental to any use permitted as a matter of right in this district.

1.

Accessory ground-mount solar collectors.

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

E.

Bulk Regulations

1.

Parcel Size

a.

Within the planned service area for public water and sewer, the gross area of an OT District shall be at least 20,000 square feet and no more than 2 acres.

b.

Outside the planned service area for public water and sewer, the gross area of an OT District shall be at least 2 acres and no more than 5 acres.

2.

Maximum Building Height

a.

Principal structure .....34 feet

b.

Accessory structure .....15 feet

3.

Minimum setback requirements—structures and uses

a.

For sites within the Planned Service Area for public water and sewer:

(1)

From arterial or major collector public street rights-of-way .....20 feet

(2)

From other public street rights-of-way .....40 feet

(3)

From residential zoning districts .....30 feet

b.

For sites outside the Planned Service Area for public water and sewer:

(1)

From arterial or major collector public street rights-of-way .....30 feet

(2)

From other public street rights-of-way and residentially zoned property .....50 feet

F.

Petition Requirements

A petition for designation of an OT District shall include the following:

1.

A boundary survey of the property covered by the petition.

2.

A preliminary development plan for the property showing the following:

a.

Existing topography, 100-year floodplain areas, wetlands, forests, and other significant vegetation.

b.

The availability and adequacy of utilities or the general location of proposed wells and septic system percolation areas, as applicable.

c.

The location of proposed points of access to the site.

d.

Sight distance analysis.

e.

Proposed development of the site, including the general location of buildings, parking areas, landscaped areas, and accessory uses.

f.

A detailed lighting and landscaping plan which indicates proposed landscape buffer types, existing vegetation, and topography. The plan should indicate how buffering will be provided along the perimeters of the site adjacent to residentially-zoned land.

g.

Architectural elevations and renderings indicating the scale and character of proposed buildings.

h.

Proposed hours of operation.

G.

Standards for Approval Of A Petition

The Zoning Board may grant a petition for an OT District based upon findings that:

1.

The district will accomplish the purposes of the OT District.

2.

The site meets the requirements of Subsection b.

3.

Adequate sight distance and safe access can be provided at proposed points of access to the site.

4.

The site layout and landscaping will buffer neighboring residences from business uses.

5.

Parking areas and driveways are oriented towards neighboring non-residential land uses and screened from residential land uses.

6.

No more than 50% of the site may be covered by impervious surfaces.

7.

The design of new structures or additions to existing structures will be generally compatible in scale and character with residential structures in the vicinity. Generally, no building should be larger than 5,000 square feet of gross floor area, although the zoning board may allow larger buildings if it finds that the design is such that the building will be compatible with the general character of neighboring residential structures.

8.

The hours of operation and site lighting will not adversely impact the adjoining residential neighborhood.

H.

Planning Board Recommendation

The Planning Board shall hold a public meeting on the petition and make a recommendation to the zoning board based on the above "Standards for Approval of a Petition".

I.

Zoning Board Decision

1.

The Zoning Board shall hold a public hearing on the petition and may approve, approve with modifications or deny the preliminary development plan, stating the reasons for its decision. The Zoning Board's decision shall be based on the "Standards for Approval" given in Subsection G.

2.

If the petition is approved, a reproducible copy of the preliminary development plan including building renderings and elevations shall be provided by the petitioner and certified as approved by the Zoning Board. A verified copy of the same shall be forwarded to the Department of Planning and Zoning and the petitioner.

J.

Amendments to Preliminary Development Plan

1.

A petition to amend a preliminary development plan may be submitted by the developer.

2.

The petition shall be reviewed in accordance with the procedures established in Subsection G.

K.

Site Development Plan

1.

Planning Board Approval

Planning Board approval of the Site Development Plan is required. The Planning Board shall consider a Site Development Plan at a public meeting.

2.

Site Development Plan Submission

In addition to all other Site Development Plan submission requirements, the submission shall include detailed architectural elevations and renderings of proposed buildings, including materials to be used.

3.

The Planning Board shall approve the Site Development Plan if it finds that the plan:

a.

Is substantially in conformance with the approved preliminary development plan.

b.

Makes effective use of landscaping to provide buffers where needed and to enhance the site design.

c.

Provides a building design that is substantially in conformance with the architectural plans approved by the Zoning Board.

4.

Minor Additions and Modifications

a.

Minor modifications and additions not requiring Planning Board approval:

(1)

Minor additions to structures, with a floor area no larger than 10% of the existing floor area of the main floor.

(2)

Minor new accessory structures if the location does not interfere with existing site layout (e.g. circulation, parking, loading, stormwater management facilities, open space, landscaping or buffering).

(3)

Minor additions to parking lots comprising no more than 10% of the original number of parking spaces required.

(4)

Clearing or grading that does not exceed 2,000 square feet in area.

(5)

Similar minor modifications as determined by the Department of Planning and Zoning.

b.

All changes of use which require exterior site alterations shall require Planning Board approval.

5.

Appeal of Planning Board Decisions

Appeals of decisions of the Planning Board shall be made to the Hearing Authority in accordance with the Howard County Code.