A.

Purpose

The Planned Golf Course Community District is established to permit mixed use development combining recreation, residential, commercial and conference center uses while preserving 50% of the district as open space. It is the purpose of the PGCC District to integrate recreational uses, including at least two eighteen-hole golf courses, with residential development and to provide a variety of housing choices.

B.

Uses Permitted as a Matter of Right

There shall be two subdistricts in the PGCC District: The PGCC-1 or Residential Subdistrict and the PGCC-2 or Multi-use Subdistrict. Delineation of the subdistrict boundaries shall be determined by the Zoning Board and shall be shown on the zoning map of Howard County.

1.

The following uses shall be permitted as a matter of right in both the Residential Subdistrict and in the Multi-use Subdistrict.

a.

One single-family detached unit per lot.

b.

One zero lot line unit per lot.

c.

Single-family attached dwelling units.

d.

Apartment units.

e.

Farming, provided that on a residential lot or parcel of less than 40,000 square feet no livestock shall be permitted. However, residential chicken keeping is allowed as noted in Section 128.0.

f.

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

g.

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

h.

Private recreational facilities, such as parks, athletic fields, swimming pools, basketball courts and tennis courts, reserved for use by residents of a community and their guests. Such facilities shall be located within condominium developments or within communities with recorded covenants and liens which govern and provide financial support for operation of the facilities.

i.

Golf courses and country clubs.

j.

Riding academies and stables.

k.

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.

l.

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

m.

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.

n.

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

o.

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. 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."

p.

Volunteer fire departments.

r.

Rooftop solar collectors.

2.

Multi-use Subdistrict

The following uses shall be permitted only in the Multi-use Subdistrict.

a.

Ambulatory health care facilities.

b.

Animal hospitals, completely enclosed.

c.

Antique shops, art galleries and craft shops.

d.

Banks, savings and loan associations, investment companies, credit unions, brokers, and similar financial institutions.

e.

Bicycle repair shops.

f.

Blueprinting, printing, duplicating or engraving services limited to 2000 square feet of net floor area.

g.

Catering establishments and banquet facilities.

h.

Child day care centers.

i.

Clothing and apparel stores with goods for sale or rent.

j.

Convenience stores.

k.

Day treatment and care facilities.

l.

Drug and cosmetic stores.

m.

Executive golf training and recreation centers.

n.

Farmers markets and farm produce stands.

o.

Food stores, not to exceed a gross floor area of 55,000 square feet, including a bakery, provided all goods baked on the premises shall be sold retail from the premises.

p.

Funeral homes and mortuaries.

q.

Health clubs, tennis clubs, athletic centers, commercial or community swimming pools.

r.

Hotels, motels, conference centers and country inns.

s.

Kennels, enclosed.

t.

Laundry and dry cleaning establishments without delivery services.

u.

Liquor stores.

v.

Museums, art galleries and libraries.

w.

Nonprofit clubs, lodges and community halls.

x.

Nursing homes, group care facilities, housing for elderly or handicapped, children's homes and similar institutions, and their related and supporting facilities.

y.

Offices, professional and business.

z.

Personal service establishments.

aa.

Pet grooming establishments.

bb.

Private parks, swimming pools, playgrounds, athletic fields, tennis courts, basketball courts, and similar private, noncommercial recreational facilities.

cc.

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

dd.

Restaurants, carryout.

ee.

Restaurants, standard, and beverage establishments, including those serving beer, wine and liquor.

ff.

Schools, private academic, including colleges and universities.

gg.

Service agencies.

hh.

Specialty stores.

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

C.

Accessory Uses

1.

The following are permitted as accessory uses to residential uses in the PGCC 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.

a.

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

b.

Accessory apartments, provided that:

(1)

The area of the lot is at least 12,000 square feet.

(2)

Except for an exterior entrance and necessary parking area, there shall be no external evidence of the accessory apartment.

(3)

The accessory apartment shall have no more than two bedrooms.

c.

The housing by a resident family of:

(1)

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

(2)

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

(3)

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.

d.

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

e.

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 c.(2) above, the total number of persons receiving home care at any one time plus the number of persons being housed shall not exceed eight.

f.

Parking:

(1)

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.

(2)

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.

g.

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:

(1)

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

(2)

One boat with a length of 20 feet or less.

h.

Farm produce stand, not to exceed 300 square feet in floor area, for the retail sale of crops, produce, flowers, livestock and poultry products, etc, grown or produced on the lot or by the owner of the lot on which such structure is located. Appropriate on-site parking spaces shall be provided.

i.

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

j.

Small Wind Energy System, building mounted, subject to the requirements of Section 128.0.L

k.

Accessory ground-mount solar collectors.

2.

The following are permitted as accessory uses to nonresidential uses in the PGCC District:

a.

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

b.

Communication towers and antennas which are accessory to a principal use on the lot and which exclusively serve that use. Towers are subject to the requirements of Sections 128.E.0.2 and 128.0.E.3.

c.

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.)

1.

For all uses, the following maximum limitations shall apply.

a.

Height

(1)

Principal Structures:

(a)

Single-family detached .....34 feet

(b)

Single-family attached .....34 feet

except units with gable,
hip or gambrel roofs .....40 feet

(c)

Apartment buildings in Residential Subdistrict .....40 feet

(d)

Apartment buildings in Multi-use Subdistrict .....80 feet

(e)

Commercial structures .....120 feet

(f)

Other .....15 feet

(g)

Accessory structures .....15 feet

b.

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

c.

Density

(1)

For PGCC District .....2.0 dwelling
units per gross acre of the PGCC District

(2)

For Residential Subdistrict .....1.75
dwelling units per gross acre

d.

Maximum units per structure

(1)

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

(2)

Apartments less than 40 feet in height .....24 units
per structure

(3)

Apartments 40 feet or greater in height .....120 units
per structure

e.

Building length—residential structure .....120 feet

However, the Planning Board 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.

E.

Other Provisions

1.

No less than 5% and no more than 12% of the total net acreage of land in the PGCC District shall be non-residential or non-open space.

2.

Retail businesses shall not exceed 20,000 square feet of floor area for any individual business, except for grocery stores as provided in Subsection B of this section.

3.

Open Space

At least 50% of the PGCC District shall be devoted to open space or golf course uses, and at least two eighteen-hole golf courses shall be provided. Open space and golf course uses shall be arranged so that each sub-district shall include at least 15% open space including landscaped areas.

4.

The minimum district size shall be 500 contiguous acres. For the purposes of this section, lands which are divided by streets, roadways, highways, transmission pipes, lines or conduits, or rights-of-way in fee or by easement, owned by third parties, shall be considered to be contiguous, but such items shall not be included in determining the minimum area of the district. A developer of a PGCC (Planned Golf Course Community) zoning district development shall submit or amend a Final Development Plan indicating the number and location of each required Moderate Income Housing Unit. Any Site Development Plan submitted on or after March 1, 2022 must conform to the moderate income housing requirements set forth in the Final Development Plan.

5.

Additional bulk and design regulations including, but not limited to, lot sizes, building setbacks, parking requirements, height and coverage requirements for non-residential uses, minimum lot widths, distances between buildings, and landscaping requirements shall be specified as part of the Final Development Plan. Bulk regulations specified in the Final Development Plan shall be in addition to the requirements of Section 126.0.D.

6.

The provisions of Section 128.0 (Supplementary Zoning District Regulations) and Section 133.0 (Off-Street Parking and Loading Facilities) shall apply in the PGCC District unless different requirements are specifically approved in the Final Development Plan.

7.

Connection to the public water facilities shall be made when the Howard County Department of Public Works determines that such public facilities are available to the property.

8.

At least 15% of the dwelling units shall be Moderate Income Housing Units and developed on the site of the development project.

(Bill No. 7-2022(ZRA-199), § 1, 6-6-2022)

F.

Final Development Plan and Comprehensive Sketch Plan

1.

No development of land in the PGCC District shall be permitted until a Final Development Plan has been approved by the Planning Board and the same recorded among the Land Records of Howard County.

2.

The Final Development Plan process shall be initiated by the submission of a Comprehensive Sketch Plan for approval by the Planning Board.

a.

As used herein, the term "Comprehensive Sketch Plan" shall mean a drawing, or series of drawings, at an appropriate scale generally either one inch equals 200 feet or one inch equals 100 feet setting forth:

(1)

Existing topography and major drainage areas;

(2)

The general location of points of access to the site;

(3)

The availability and adequacy of public utilities;

(4)

The method of assuring that the open space areas, including the golf courses, will be permanently maintained and devoted to open space uses;

(5)

The approximate boundaries and approximate acreage for proposed land use areas, including single-family detached, attached, apartment, employment, and retail areas;

(6)

The proposed location of all public streets and open space; and

(7)

Text material (criteria) covering the following:

(a)

Permitted uses within each land use area, drawn from the uses listed in Section 126.0.B.

(b)

Bulk regulations including but not limited to densities within residential land use areas, lot sizes, lot width, building coverage, setbacks, distances between buildings, and height limitations, stated either generally or specifically with respect to particular improvements or types of improvement,

(c)

Landscaping requirements,

(d)

Screening requirements for outside storage of merchandise, material or equipment, and

(e)

Other requirements for the proposed development.

3.

The Planning Board, before acting upon the Comprehensive Sketch Plan, shall receive comments thereon from the Department of Planning and Zoning and the Subdivision Review Committee and shall hold a public hearing.

4.

In acting upon the Comprehensive Sketch Plan, the Planning Board shall consider the following factors:

a.

Whether the plan is consistent with the Howard County General Plan;

b.

Whether the plan results in an appropriate arrangement of land uses within the district;

c.

Whether the relationship between the location of proposed dwelling units, required open space, landscape design requirements, setback requirements and existing dwelling units on adjoining properties is such that the existing dwelling units will be buffered from the proposed development;

d.

Whether the roads serving the PGCC District will be adequate, as determined by the capacity and mitigation standards of the Adequate Public Facilities Ordinance (Title 16, Subtitle 11 of the Howard County Code);

e.

Whether necessary water and sewer facilities are available to serve the proposed development; and

f.

Any other factors which affect the orderly growth of the County.

5.

After carefully considering agency comments, public hearing testimony, petitioner's testimony, and the above factors, the Planning Board shall approve, approve with modifications and/or conditions, or disapprove the Comprehensive Sketch Plan, stating the reasons for its action.

6.

Upon approval of a Comprehensive Sketch Plan, the petitioner may submit a Final Development Plan for approval of the Planning Board covering all or a portion of the land covered by the Comprehensive Sketch Plan. The drawings shall delineate the various land use areas by metes and bounds. The text (criteria) shall be that approved by the Planning Board as a part of the Comprehensive Sketch Plan.

7.

The Final Development Plan shall be considered by the Planning Board at a public meeting after having received comments from the various review agencies.

8.

For any type of land use other than single-family detached residences, the Planning Board may, at the time of the approval of a Final Development Plan, require the subsequent approval by it of a Site Development Plan for the property which is the subject of the Final Development Plan. However, the Site Development Plan shall not alter any land uses as set forth in the Final Development Plan.

9.

Approval of the Final Development Plan by the Planning Board and recordation thereof among the Land Records of Howard County and the provisions of said Final Development Plan, shall bind the lands covered by the Final Development Plan with the full force and effect of specific Zoning Regulations. After such recordation, no new structure shall be built, no new additions to existing structures made and no change in primary use made different from that permitted in the Final Development Plan, except by an amendment of the Final Development Plan according to the process established herein for the approval of Final Development Plans.

G.

Amendments to a Comprehensive Sketch Plan or Final Development Plan

1.

The developer of a PGCC development may propose revisions to a previously approved Comprehensive Sketch Plan or Final Development Plan, provided that the entire Comprehensive Sketch Plan, with revisions, is submitted for review.

2.

Any proposed addition or amendment to the Comprehensive Sketch Plan or Final Development Plan shall be reviewed in accordance with Section 126.0.F above.

H.

Approval of the Site Development Plan by the Planning Board

1.

Planning Board Approval

a.

Planning Board approval of a Site Development Plan is required if the Board reserved that authority when approving the Final Development Plan. However, Planning Board approval shall not be required for Site Development Plans for single-family detached dwellings.

b.

A Site Development Plan submitted for approval must conform to the recorded Final Development Plan for the PGCC District.

c.

The Planning Board, before acting upon the Site Development Plan, shall hold a public meeting and shall give consideration to the guides and standards listed in Section 126.0.F. and to the following:

(1)

The locations, layout and adequacy of parking, loading and unloading facilities.

(2)

The Site Development Plan shall not be approved unless water facilities and public sewerage facilities have been approved by all required county, state and federal agencies. In instances where a connection will not be made initially to a public water facility, provisions must be made in the initial Site Development Plan to provide for a connection to public water facilities when they become available, and to require periodic monitoring of the safety and adequacy of the groundwater in the PGCC District and surrounding areas by the appropriate state and county health agencies during the period of private water facility utilization.

d.

After carefully considering the above guides and standards, including the approved Comprehensive Sketch Plan, the Planning Board shall approve, approve with modifications and/or conditions attached, or disapprove the Site Development Plan, stating the reasons for its action.

2.

Minor Additions and Modifications

Minor additions and modifications to approved Site Development Plan 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 shall require Planning Board approval.

Minor projects not requiring Planning Board approval:

a.

Minor additions to structures, with a floor area no larger than 10% of the existing floor area of the main floor, not to exceed 5,000 square feet.

b.

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

c.

Minor additions to parking lots comprising no more than 25% of the original number of parking spaces required, not to exceed 25 spaces.

d.

Clearing or grading that does not exceed 5,000 square feet in area.

e.

House-type revisions to approved Site Development Plans for single-family detached developments and for no more than 25% of the total number of dwelling units on the Site Development Plans for single-family attached or apartment developments.

f.

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

3.

Adjustments to Bulk Regulations for Individual Lots

The Planning Board may approve parking, setback, height, lot coverage, or other bulk requirements for a particular lot or parcel which differ from those required by the applicable Final Development Plan, in accordance with the following procedures:

a.

If the adjustment is requested as part of a Site Development Plan for a nonresidential property or for the initial development of an unimproved residential property, a public meeting shall be required.

b.

If an adjustment is requested for an addition or alteration to a developed residential property, a public hearing shall be held on the Site Development Plan requiring the adjustment. If no Site Development Plan is required for the proposed improvements, an accurate plot plan drawn to scale shall be submitted for Planning Board review at the public hearing.

c.

A Site Development Plan or plot plan submitted for review shall clearly indicate the requirement from which relief is sought and the requested relief, and shall be accompanied by a written statement explaining the reasons for the requested adjustment.

d.

The requested adjustment to the parking or bulk requirements shall be granted if the Planning Board finds that:

(1)

The adjustment will not alter the character of the neighborhood or area in which the property is located, will not impair the appropriate use or development of adjacent property, and will not be detrimental to the public welfare; and

(2)

The adjustment a) is needed due to practical difficulties or unnecessary hardships which arise in complying strictly with the Final Development Plan; and/or b) results in better design than would be allowed by strict compliance with the development criteria.

e.

The Planning Board may approve, approve with conditions, or deny a requested adjustment.

I.

Conditional Uses

Conditional Uses in the PGCC 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.