A.

Purpose

The CAC District is intended to provide for the development of pedestrian-oriented, urban activity centers with a mix of uses which may include retail, service, office and residential uses. These centers should be located near to Route 1 and close to residential communities that will benefit from a pedestrian-oriented local business area. The requirements of this district, in conjunction with the Route 1 Manual and the public improvements recommended by the Route 1 Corridor Revitalization Study, vehicular and pedestrian improvements that connect internally and with surrounding developments will result in development that will strengthen nearby communities, provide for safe and convenient pedestrian travel, and improve the streetscape of Route 1 and intersecting roads.

Many parcels in the CAC District were developed before this district was created. It is not the intent of these requirements to disallow the continued use of sites developed prior to the CAC District. The intent of this district will be achieved by bringing the sites into compliance with these requirements and the standards of the Route 1 Manual as uses are expanded or redeveloped.

B.

Uses Permitted as a Matter of Right

1.

Ambulatory health care facilities.

2.

Animal hospitals, completely enclosed.

3.

Antique shops, art galleries, craft shops.

4.

Athletic facilities, commercial

5.

Bakeries, provided all goods baked on the premises shall be sold at retail from the premises.

6.

Banks, savings and loan associations, investment companies, credit unions, brokers, and similar financial institutions without a drive-through except that single lane drive-through service shall be permitted for one establishment within the project if the drive-through service area is not visible from Route 1.

7.

Bicycle repair shops.

8.

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

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.3.

10.

Child day care centers and nursery schools.

11.

Clothing and apparel stores with goods for sale or rent.

12.

Commercial communication antennas.

13.

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

14.

Convenience stores.

15.

Day treatment or care facilities.

16.

Drug and cosmetic stores.

17.

Dwellings, apartment and single-family attached, only within a Route 1 Corridor development project with at least 2 gross acres of CAC-zoned land or less than 2 gross acres if: (1) the subject property is contiguous along at least 75% of its perimeter to a CAC development that has received final approval of a Sketch Plan or Site Development Plan; (2) no additional CAC-zoned land directly adjoins the subject property; and (3) the development of the subject property shall be compatible with the land use, site planning and architectural character of the contiguous CAC development. If the project site is 2 gross acres or greater of CAC zoned land, then the project must include more than one residential unit type.

18.

Farmers markets.

19.

Flex Space.

20.

Food stores.

21.

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

22.

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

23.

Hardware stores.

24.

Hotels, motels, country inns and conference centers.

25.

Laundry and/or dry cleaning establishments.

26.

Liquor stores.

27.

Museums and libraries.

28.

Nonprofit clubs, lodges, community halls.

29.

Nursing homes and residential care facilities.

30.

Offices, professional and business.

31.

Parking facilities that serve adjacent off-site uses in accordance with Section 133.0.B.4.

32.

Personal service establishments.

33.

Pet grooming establishments and daycare, completely enclosed.

34.

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

35.

Restaurants, carryout, including incidental delivery service.

36.

Restaurants, fast food without a drive-through.

37.

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

38.

Rooftop solar collectors.

39.

Seasonal sale of Christmas trees or other decorative plant materials, subject to the requirements of Section 128.0.D.4.

40.

Schools, commercial.

41.

Schools, private academic, including colleges and universities.

42.

Self-storage, indoor, provided that this use is incorporated into a mixed-use development that includes retail and residential uses.

43.

Service agencies.

44.

Specialty stores.

45.

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.

46.

Volunteer fire departments.

(Bill No. 17-2021(ZRA-197), § 1, 5-6-2021; Bill No. 63-2024(ZRA-209), §§ 1, 2, 12-5-2024)

C.

Accessory Uses

1.

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

2.

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

3.

Private parks, swimming pools, athletic fields, exercise facilities, tennis courts, basketball courts and similar private, non-commercial recreation facilities.

4.

Retail sale of propane on the site of a principal retail business.

5.

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

6.

Snowball stands, subject to the requirements of Section 128.D.5.

7.

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.

Residential density:

a.

For CAC Developments of at least 5 gross acres within 2,000 feet of a MARC Station and at least 1,000 feet of frontage on the Route 1 right-of-way .....50
units per net acre

b.

For CAC Developments of at least 2 gross acres .....25
units per net acre

c.

For CAC Developments of less than 2 gross acres .....15
units per net acre

2.

Maximum building height:

a.

CAC Development abuts Route 1 .....55 feet

With the following exceptions:

(1)

For hotels and for structures incorporating either first floor retail or structured parking, if an additional 1 foot in height is provided for every 2 feet of additional setback above the minimum from an adjoining residential district excluding residential uses in the CAC District .....65 feet

(2)

For office structures on parcels adjoining I-95 .....100 feet

(3)

For office structures on parcels adjoining I-95 if an additional 2 foot in height is provided for every 1 foot of additional setback above the minimum from the I-95 right-of-way .....120 feet

b.

CAC Development does not adjoin Route 1 .....40 feet

3.

Minimum building height .....25 feet

The minimum building height does not apply to additions to existing, one-story buildings, provided that the existing building was lawfully constructed before the property was rezoned to the CAC District, and the addition does not increase the ground coverage of the building by more than 25% of the area covered by the building when the property was rezoned to CAC.

4.

For sites that comply fully with the Route 1 Manual:

a.

Minimum setbacks from public street right-of-way

(1)

From I-95

(a)

Office structures .....75 feet

(b)

All other structures and uses (except surface parking) .....50 feet

(c)

Surface parking .....10 feet

(2)

From Route 1

(a)

Structures and parking .....10 feet

(b)

Fences, walls and amenity areas .....0 feet

(c)

Surface parking .....10 feet

(3)

From other public street right-of-way

(a)

All structures and uses (except surface parking) .....0 feet

(b)

Surface parking .....10 feet

b.

Minimum setbacks from vicinal properties

(1)

From residential districts:

(a)

Nonresidential structures and associated uses .....30 feet

(b)

Structures containing residences and associated uses .....20 feet

(2)

From any other zoning district:

All structures and uses .....0 feet

(3)

If a residential district is separated from the CAC District by a public street right-of-way, only the setbacks from a public street right-of-way shall apply.

c.

Maximum Structure Setback from Public Street Right-of-Way

(1)

As provided in the Route 1 Manual, the building facade closest to a public street should be located no more than 10 feet from the edge of the public street right-of-way unless topography, utilities or other physical constraints make a greater setback necessary. This 10-foot setback may be increased without a variance in accordance with the Route 1 Manual.

(2)

The Department of Planning and Zoning may also approve a setback of no more than 65 feet if the service road option is proposed and meets the following requirements:

(a)

Creates a service road of at least 300 linear feet parallel to Route 1; and

(b)

Meets the access and spacing requirements of the State Highway Administration and the Howard County Design Manual.

5.

For sites developed prior to the creation of the CAC District that do not comply or only partially comply with the Landscape Manual and Route 1 Manual:

All structures and uses, minimum setback from public street right-of-way and residential districts .....30 feet

E.

Requirements for CAC Development

1.

Amenity Area

CAC developments shall include an amenity area or areas. No amenity area shall be smaller than 0.25 acre. The amenity area shall include seating and trees proportional to the size of the amenity area. Amenity areas shall be connected by pedestrian and bicycle improvements that link with existing and future connections to surrounding developments. In accordance with Section 16.121 (B) of the Code, at the discretion of the County, all or a portion of the open space area shall be dedicated and deeded without charge to Howard County for recreation or for public use, including but not limited to, community centers and libraries along Route 1.

a.

For CAC Developments 20 acres or larger, provide 20% of the net acreage as open space of which at least 50% must be designed as an amenity area open to the public. Provide well-designed recreational areas for both children's and adults' activities. Provide on amenity area that is designated as a civic gathering place large enough to accommodate such activities as community picnics, concerts, fairs and similar events.

b.

For CAC Developments less than 20 acres, provide 10% of the net acreage as open space which must be designed as an amenity area open to the public.

2.

Requirements for Nonresidential Uses

a.

On a lot adjoining the Route 1 right-of-way, for the buildings closest to Route 1:

(1)

At least 50% of the first floor of the building must be designed for retail or service uses. Service uses include personal service, service agency, restaurants, and similar uses serving the public. This requirement may be reduced to no less than 20% at the discretion of the Department of Planning and Zoning based on a demonstration of proposed or existing retail or service uses on adjoining properties.

(2)

The first floor of the building facade facing Route 1 must include storefronts and primary entrances for the first floor retail and service uses.

(3)

The first floor facade shall be designed to provide pedestrian interest along Route 1 in accordance with the Route 1 Manual.

3.

Requirements for Residential Uses

a.

Residences are permitted only within Route 1 Corridor development projects encompassing at least two gross acres of CAC-zoned land or less than 2 gross acres if: (1) the subject property is contiguous along at least 75% of its perimeter to a CAC development that has received final approval of a Sketch Plan or Site Development Plan; (2) no additional CAC-zoned land directly adjoins the subject property; and (3) the development of the subject property shall be compatible with the land use, site planning and architectural character of the contiguous CAC development.

b.

The first floor of buildings adjoining the right-of-way of Route 1 shall not include residential units in the building space closest to the right-of-way of Route 1, with the exception that if the Director of the Department of Planning and Zoning finds that the building and streetscape design are in compliance with Chapter 5 of the Route 1 Manual concerning building design, particularly the sections concerning mass and articulation and door and window openings, such units may be approved in a development site that has 1,000 feet or greater frontage on the Route 1 right-of-way and is:

(1)

20 acres or greater and residences occupy no more than 50% of the Route 1 frontage, or

(2)

5 acres or greater and within 2,000 feet of a MARC Station.

Residences may occupy other portions of the first floor space.

c.

For every dwelling unit that is developed, 70 square feet of commercial space must be developed on the site provided, however, that for parcels providing moderate income housing under Section 127.5.e.3.f.(1), the commercial space requirement as set forth in Section 127.5.e.3.c. shall be determined based on eighty-five percent of residential units developed and for parcels providing moderate income housing under Section 127.5.e.3.f.(2), the commercial space requirement as set forth in Section 127.5.e.3.c. shall be determined based on seventy-five percent of residential units developed.

d.

The Department of Planning and Zoning shall permit a reduction in the commercial space requirement provided that a fee of 25 dollars, or as specified in the fee schedule, for each square foot of the total reduction in commercial space below the baseline 70 square feet per dwelling unit amount is paid into a fund administered by the Howard County Economic Development Authority to promote commercial development in appropriate locations of the US Route 1 corridor, as allowed under Section 26.106 of the Howard County Code.

If a fee is paid to reduce the commercial space requirement below the minimum otherwise required, an additional increase of residential density shall not be permitted. Instead, the unused commercial square footage shall be used as open space or an amenity area as described in Section 127.5 E.1 and shall be in addition to open space and amenity area requirements described in Section 127.5 E.1a and b and shall be at least the minimum square footage of commercial space that is being reduced by paying a fee in CAC developments. The new open space or amenity area square footage that replaces the commercial requirement can be located anywhere on site of the development.

The fee as provided for in this Subsection shall be paid at the time of approval of a site development plan for the non-residential portions of the development. The fee may be reduced as follows:

(1)

The fee shall be reduced one dollar per square foot for every percentage point of amenity area provided in excess of that required for the project limited to a maximum of five percent.

(2)

The total fee shall be reduced dollar-per-dollar for any amount of contributions paid by the developer for public improvements in excess of the proportional share required by Howard County.

(3)

The fee shall be reduced two dollars per square foot for projects in which over twenty-five percent of the residential units are LEED certified, four dollars per square foot for projects in which over twenty-five percent of the residential units are LEED Silver certified, six dollars per square foot for projects in which over twenty-five percent of the residential units are LEED Gold certified, and eight dollars per square foot for projects in which over twenty-five percent of the residential units are LEED Platinum certified.

In the event that the developer pays the fee as provided for in this subsection, no additional residential units may be received or constructed on the property pursuant to Section 127.5.F.

e.

The phasing of residential and commercial construction and open space amenity areas should be proportional. No more than 50% of the residential units shall be constructed prior to commencing a proportional amount of commercial construction and open space amenity areas. For developments of 800 units or more or developments adjoining such larger developments, no more than 70% of the residential units shall be constructed prior to commencing the construction of the non-residential portions of the development unless the fee as specified in Subsection (d) above is provided.

f.

Moderate Income Housing

(1)

At least 15% of the dwelling units shall be Moderate Income Housing Units, except that

(2)

At least 25% of the dwelling units shall be Moderate Income Housing Units if the CAC Development requires closing of a mobile home park existing on the property when CAC rezoning occurs.

(Bill No. 36-2015(ZRA-153), § 1, 10-10-2015; Bill No. 2-2016(ZRA-156), § 1, 7-2-2016; Bill No. 30-2019(ZRA-186), § 1, 9-4-2019; Bill No. 8-2021(ZRA-193), § 1, 5-2-2021; Bill No. 63-2024(ZRA-209), § 1, 12-5-2024)

F.

Receiving Parcel for Neighborhood Preservation

A parcel may be developed as a receiving parcel in association with Neighborhood Preservation Parcel sending parcels at a bonus density of up to 10% more dwelling units than permitted by the standard maximum density in the district, in accordance with the Section 128.0.K requirements.

G.

Compliance with Route 1 Manual

1.

New Development

New development in the CAC District shall comply with the standards of the Route 1 Manual.

2.

Alterations to Existing Uses Requiring Compliance with the Route 1 Manual

a.

The following minor alterations or enlargements of an existing use are exempt from complying with the Route 1 Manual.

(1)

Expansion of a building by 10% or less of the floor area of the building on October 6, 2013 up to a maximum of 5,000 square feet of floor area.

(2)

Building repairs, repaving or re-striping parking areas, and other maintenance or repair that does not enlarge a building or use.

(3)

Removal of parking areas, driveways or other paved areas.

(4)

A change in the use of an existing building to a use permitted in this district, if the Department of Planning and Zoning determines, in accordance with the Subdivision and Land Development Regulations, that no changes to site improvements are required.

(5)

Other minor alterations to a developed site that do not require a Site Development Plan or a revision to an approved Site Development Plan. This includes alterations approved through a waiver of the Site Development Plan requirement or a red-line revision to an existing Site Development Plan.

b.

Other than the above exceptions, any alterations or enlargements of an existing use must comply with the Route 1 Manual. The following standards determine the extent to which improvements must be brought into compliance. Additional guidance is provided in the Manual.

(1)

Expansion of Existing Improvements

If buildings and/or site improvements are expanded, the site shall be brought into compliance with the Route 1 Manual in equal proportion to the percentage of the site impacted by the expansion. (For example, if the expansion impacts 20 percent of the site, 20% of the existing improved area shall be brought into compliance with the Manual.) The area impacted by the expansion includes the square foot area of building additions and additional parking, loading, driveways or infrastructure, and land cleared or graded.

(2)

Site Improvements That Do Not Alter Buildings

If alterations or enlargements are limited to site improvements that do not involve buildings, buildings are not required to be brought into compliance with the Route 1 Manual.

(3)

Building Expansions

Expanded buildings shall be brought into compliance with the Route 1 Manual to the extent possible, including the design and location of the addition. Relocation or reconstruction of existing buildings is not required.

(4)

Route 1 Right-of-Way Improvements

All alterations, both major and minor, shall comply with Chapter 3 of the Route 1 Manual in proportion to the proposed alterations.

c.

A site that does not fully comply with the Route 1 Manual is subject to the Bulk Requirements in Subsection D.5 above

H.

Parking

The minimum off-street parking requirements of Section 133.0.D may be reduced by the number of on-street parking spaces available within a public street right-of-way or private service drive abutting the lot. On-street parking spaces used to meet the minimum parking requirement must be within the road section abutting the lot and on the same side of the street as the lot needing the parking.

I.

Conditional Uses

Conditional Uses in the CAC 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.