Howard County Unincorporated
City Zoning Code

SECTION 128

0: - Supplementary Zoning District Regulations

Supplementary Bulk Regulations

The following supplementary regulations shall apply in addition to the requirements of the applicable zoning districts.

Exceptions to Setback Requirements

Exceptions to Setback Requirements
Type of Building Feature, Structure, or Land Use	Zoning District	Maximum Encroachment Into Setback
a. Cornices, eaves and cantilevered building features which do not contain any floor area or extension of interior living space	All districts except NT	3 feet into any setback
b. Bay windows, window wells, oriels, vestibules, balconies and chimneys.	All districts except NT	4 feet into any setback or a required distance between buildings, provided the feature has a maximum width of 16 feet as measured horizontally along the wall from which the feature extends
c. Exterior stairways or ramps, above or below ground level	All non-residential districts except NT	4 feet into any setback, provided the feature has a maximum width of 16 feet as measured horizontally along the wall from which the feature extends
d. Exterior stairways or ramps, above or below ground level excluding those attached to a porch or deck (see e)	All residential districts except NT	10 feet into a front setback or a setback from a project boundary or different zoning district; 16 feet into a rear setback; 4 feet into a side setback or a required distance between buildings
e. Open and enclosed porches and decks, and the stairways or ramps attached thereto	All residential districts except NT	10 feet into a front or rear setback, a setback from a project boundary, a setback from a different zoning district, or a required distance between buildings
f. Walls, fences, pillars and gates which serve as entrance features for a lot, subdivision or development	All districts	Setback requirements do not apply, provided the entrance feature is no more than 8 feet high, and does not interfere with sight distance along public roads. If visible from a scenic road, the entrance feature shall be no more than 4 feet high and 12 feet long.
g. Flagpoles	All districts	Setback requirements do not apply
h. Pathways	All districts	Pathways are not subject to the use setback requirements from a public street right-of-way
i. Transmission lines	All non-residential districts	Setbacks from abutting residentially zoned properties may be reduced to 10 feet if the abutting property is an overhead or underground transmission line right-of-way that is 100 feet or more in width
j. Room extensions and building additions	R-ED lots and R-20 lots being developed under R-ED regulations which are recorded after May 13, 2012	10 feet into a rear setback, along not more than 60% of the rear face of a dwelling on a lot which adjoins open space along a majority of the rear lot line.
k. Accessory deer fences up to a maximum height of 8 feet, on farms as defined in these Regulations	All districts	Setback requirements do not apply
l. All features cited within the definition of "structure" as being exempt from setbacks	All districts	Setback requirements do not apply

Exceptions to Lot Coverage Requirements

In residential districts and residential land use areas of the PGCC and MXD Districts, but not in the NT District, open decks (decks without roof or walls) shall not be considered structures for lot coverage purposes when constructed onto a single-family attached dwelling.

Exceptions to Height Requirements

In any district, parapet walls may extend not more than four feet above the maximum allowed height.

In any district, height limitations shall not apply to bulkheads, elevators, one-story penthouses, water tanks, air conditioning units, and similar utility or mechanical structures not covering more than 25% of the roof area of a building, nor to architectural screening for such structures.

The following are exempt from height limitations in all nonresidential districts except the HO and HC Districts, including employment areas of the NT, MXD and PGCC Districts: antennas, communication towers, and lines, poles and other supporting structures for electric, telephone or cable television transmission or distribution. (See Section 128.0.E for additional requirements for antennas and communication towers.)

The following are exempt from height limitations in all residential districts except the R-VH District, including residential areas of the NT, MXD and PGCC Districts: spires, steeples, belfries, chimneys, stacks, flag poles, monuments, observation towers, barns, silos, water storage structures, antennas, communication towers, and lines, poles and other supporting structures for electric, telephone or cable television transmission or distribution. Observation towers, silos and ground-mounted antennas (not including satellite dish antennas) shall be set back from lot lines a distance equal to their height as measured from ground level. (See Section 128.0.E for additional requirements for antennas and communication towers.)

In any district, outdoor athletic structures are exempt from the height limits for accessory structures.

Animal Shelter Setback Requirements

Structures used for the housing, boarding, or sheltering of animals, including but not limited to barns, buildings, hutches, sheds, roofed structures, and prefabricated moveable animal houses, and any areas used for the storage of animal excrement, shall comply with the accessory structure setback requirement for the applicable zoning district.

In addition, animal shelters measuring larger than 500 square feet in size shall be located a minimum of 200 feet from any existing dwelling on a different lot and animal shelters 500 square feet or smaller shall be located a minimum 100 feet from any existing dwelling on a different lot.

Exemptions:

Shelters used for household pets.

Shelters used for residential chicken keeping which comply with the requirements for such structures as provided in Section 128.0.D.

Apiaries which comply with the requirements as provided in Section 128.0.N.

Structures as defined in Section 103.0.

Animal shelters on farms in the RC District and RR District shall not be required a setback from a dwelling on a different lot.

Bulk Regulations Specific to Ellicott City

Notwithstanding other requirements of these Regulations, new structures erected on Main Street between Rogers Avenue and the Historic District boundary shall be required to provide a minimum front yard equal in depth to the front yard of the main part of the nearest structure on the same side of the street. However, nothing in this section requires setbacks greater than those in the zoning district.

Bulk Regulations Specific to Lisbon and Elkridge

The provisions of Subsection 6.b below shall apply to:

(1)

B-1 or B-2 zoned properties in Lisbon which are located between North Avenue and South Alley, beginning at the center line of MD 94 and extending 1850 feet to the east on the north side of MD 144; extending 1,350 feet to the east on the south side of MD 144; and extending 225 feet to the west on the south side of MD 144; and

(2)

B-1 zoned properties in Elkridge which have frontage on either side of Main Street and are located north of the B&O Railroad tracks or on Railroad Avenue.

The following provisions shall apply:

(1)

Structures or land uses shall not be required to meet the minimum setback requirements of the applicable zoning district.

(2)

The minimum off-street parking requirements for specific uses contained in Section 133.0.D of these Regulations shall not be applicable, but reasonable and appropriate off-street parking requirements shall be determined by the Department of Planning and Zoning, which shall consider comments from other County agencies regarding the parking needs of the proposed use and the availability of parking in the area of the use. Off-street parking spaces serving any structures or land uses in existence at the time of adoption of these Regulations shall not be reduced.

Bulk Regulations Specific to Highland

The following requirements apply to B-1, B-2 and CCT zoned property located within 1,000 feet of the centerline of the intersection of MD Route 108 and MD Route 216.

The minimum structure and use setbacks from the public street right-of-way shall be as follows:

(1)

For additions to existing structures, a distance equal to 10 feet or the setback of the existing structure, whichever is less.

(2)

For new structures, a distance equal to 10 feet or the front setback of structures on the property or on an adjoining property, including any existing structures that are being replaced, whichever is less.

(3)

In the CCT District, for uses other than parking uses, a distance equal to 10 feet.

(4)

No additions to existing structure(s) or new structure(s) shall be permitted within an existing or proposed public road right-of-way.

All other requirements of the B-1, B-2 and CCT Districts shall apply.

Setbacks from Paper Streets

The required setback from a street right-of-way shall not be applied to a street which is shown on a plat recorded prior to March 7, 1961, and has not been built, if the Directors of Planning and Zoning and Public Works determine that the street will not be built or dedicated as a public street.

Setback Requirements for Fences, Walls and Retaining Walls

General

The following regulations shall apply to fences and retaining walls in all zoning districts.

(1)

Fences shall be classified in the following categories:

(a)

Open fences which include wire, chain link, post and rail, paddock, picket, or any other fences in which more than 50% of the fence area is visibly open.

(b)

Closed fences which include board on board, privacy or stockade fences, or any other fences in which 50% or less of the fence area is visibly open. Masonry walls that serve the same purpose as a closed fence are considered closed fences.

(2)

The fence area is the surface area from the bottom to the top of the fence section, including stringers supporting the section but not the post area above or below the fence section.

(3)

The following are exempt from all structure or use setback requirements, including the setbacks given in individual zoning districts which apply specifically to fences and the provisions of B.3 below which applies to corner lots:

(a)

Closed fences, walls and individual retaining walls three feet or less in height.

(b)

Open fences six feet or less in height.

(c)

Noise walls of any height.

(4)

Where the ground is higher on one side of a fence, wall or retaining wall than another, the height shall be measured on the side where the ground is lower.

(5)

Other than the exceptions noted above, fences must comply with all accessory structure bulk requirements of the applicable zoning district.

(6)

A series of retaining walls must be set back from property lines in accordance with engineering requirements in the engineering design manual, but are not permitted to be closer than 10 feet from the property line if adjoining residentially zoned property.

Setbacks and exemptions for closed fences, walls and retaining walls:

(1)

For properties where the side or rear yard adjoins another lot line and not a public road:

Closed fences, walls and retaining walls over three feet and up to six feet in height are exempt from structure or use setback requirements if located in a side or rear yard. Such fences and walls are subject to front setbacks from a public road right-of-way or from a front property line.

(2)

For properties where the side or rear yard adjoins a public road:

Closed fences, walls and retaining walls over three feet and up to six feet in height are exempt from setback requirements if located in a side or rear yard which adjoins a public road right-of-way, provided the property is not a corner lot. such fences and walls are subject to front setbacks from a public road right-of-way or from a front property line.

(3)

For properties which are corner lots:

(a)

Closed fences, walls and retaining walls over three feet and up to six feet in height shall not be subject to setback requirements if located in a side or rear yard which adjoins a public road right-of-way, except for the portion of the lot as provided in (b) below.

(b)

On a corner lot closed fences, walls, and retaining walls over three feet in height shall not be located within a triangle formed by straight lines joining points 25 feet back from the point where the roads intersect. Such fences and walls are subject to front setbacks from a public road right-of-way.

(c)

Closed fences, walls and retaining walls over three feet and up to six feet in height are subject to setbacks from a public road right-of-way.

(4)

For properties which are pipestem lots:

Closed fences, walls and retaining walls over three feet and up to six feet in height shall not be subject to a front setback as measured from the front property line. Such fences and walls must comply with the setback required from the public road right-of-way if it extends onto the property.

10.

Setbacks from lot lines internal to a development

When two or more contiguous lots or parcels are treated as a single parcel for development purposes, the zoning structure and use setbacks from lot lines internal to the development shall not apply provided that:

A plan is approved for the development showing an integrated design for the contiguous lots or there are two adjoining projects by the same developer that have integrated design elements such as roads, utilities or open space;

The lots are developed and maintained as an integrated development;

All of the lots are integral and necessary to the project; and

Improvements are planned and constructed without regard to the internal lot lines.

In all instances, perimeter setbacks to adjoining parcels shall be maintained.

This section applies only to the setbacks specified within these Zoning Regulations and not to building and fire code regulations administered by the Fire Department or the Department of Inspections, Licenses and Permits.

11.

Setbacks for Zoning Boundaries Internal to a Development

In a development with a plan showing an integrated design that incorporates more than one zoning district, there is no required setback from an internal zoning district boundary. In all instances perimeter setbacks to adjoining parcels shall be maintained.

12.

Regulations for detached accessory structures on residentially zoned lots developed with single-family detached dwellings

Size restrictions

(1)

The maximum cumulative lot coverage permitted for all of the accessory structures located on any given residential lot developed with a single-family detached dwelling is:

(a)

600 square feet for a lot in the planned public water and sewer service area.

(b)

1,200 square feet for a lot in the RC or RR district which is 2 acres or less

(c)

2,200 square feet for a lot in the RC or RR district which is greater than 2 acres.

(2)

The cumulative lot coverage restrictions cited above shall apply to all accessory structures on any residentially zoned lot developed with a single-family detached dwelling, excepting only legitimate farm buildings located on properties meeting the definition of "farm", shipping containers used as accessory storage structures, and swimming pools. Farm structures, shipping containers used as accessory storage structures, and swimming pools are not subject to size restrictions; however, they must be subordinate and incidental to the principal use.

(3)

Ground-mounted accessory solar collectors shall not count toward the lot coverage requirement provided they do not cover more than 2% of the lot.

Restrictions for accessory structures

Full baths, full kitchens, residential habitation and commercial uses are not permitted in accessory structures.

13.

Regulations for Accessory Apartments

The following shall apply to all accessory apartments:

The accessory apartment must be located within an owner occupied dwelling. The owner may occupy either the principal dwelling or the accessory apartment.

If the accessory apartment is within an addition to the existing dwelling it must share a common wall overlap of at least 50% of the length of the shared wall. The apartment cannot be separated from the principal dwelling by an attached garage or a breezeway.

In all dwellings, an accessory apartment shall occupy no more than one-third of the net floor area of the building, up to a maximum of 1,500 square feet. The boundaries of the accessory apartment must encompass at a minimum areas devoted to sleeping, food preparation, sanitary facilities and the intervening areas which link these. The floor area of the accessory apartment includes one-third of the area of shared storage or utility areas.

Accessory apartments which exceed 1,500 square feet or more than one-third of the net floor area of the building may be permissible in the RC, RR, R-ED, R-20, or R-12 Districts if a Conditional Use for a two-family dwelling is approved by the Hearing Authority.

An accessory apartment shall operate only upon approval of a permit issued by the Department of Planning and Zoning based on compliance with the requirements of this section and those of the applicable zoning district With the permit application, the owner must submit a floor plan drawn to scale which delineates the boundaries of the accessory apartment and identifies all of the living spaces as specified in (c) above.

14.

Regulations for Accessory Uses and Outdoor Accessory Storage on Residential Lots or Parcels less than one acre.

The cumulative size and intensity of accessory uses, including outdoor accessory storage areas, located on any given residential lot or parcel less than one acre may not collectively exceed the residential use. They must be of minor significance when compared to the principal use and they must be customarily incidental to that use.

On any individual residential lot or parcel less than one acre, outdoor accessory storage areas may not total more than two areas and may not cumulatively occupy more than a square footage equivalent to 10% of the gross floor area of the dwelling or a maximum of 200 square feet, whichever is less. This storage limit does not include the square footage of areas upon which registered vehicles are parked. Such storage areas must be screened by a fence, wall, landscaping, landscaped berm, or other suitable treatment, must not be visible at ground level from any adjacent properties or public street rights-of-way, and must be confined to the rear yard. the use of tarps, tents or other similar covers is not considered an acceptable method of screening.

No permanent parking area shall exceed 50% of the area of the front yard, and not more than four motor vehicles may be parked therein. In the front yard, registered and operable motor vehicles must be parked on asphalt, concrete, pervious pavers or another hard surfaced, dustless material.

(Bill No. 22-2017(ZRA-175), § 1, 6-14-2017; Bill No. 53-2017(ZRA-169), § 1, 11-13-2017; Bill No. 17-2021(ZRA-197), § 1, 5-6-2021)

Noncomplying Structures and Uses

A structure or use which does not comply with current bulk requirements, but which complied with the requirements in effect when it was constructed, may remain in place and may be maintained or repaired as necessary.

Any additions to the structure or use must comply with current bulk requirements unless a variance is granted with the following exceptions:

An addition to a single-family detached dwelling may encroach into a setback without a variance, provided that the addition encroaches no further into the setback than the existing dwelling.

A vertical addition to a single-family detached dwelling may encroach into the setback to which it is legally noncomplying without the need for a variance, provided the addition does not extend farther into the setback than the existing dwelling, and provided that the addition complies with the required height restrictions.

The architectural features listed in Sections 128.0.A.1.a through 128.0.A.1.c. may be added to a building without a variance, provided the features does not extend further out from the current building than the maximum setback encroachment allowed by those sections.

A previously unoccupied but reserved burial plot in a cemetery may encroach into a setback without a variance, provided that plot encroaches no further into the setback than an occupied burial plot along the same property boundary

If a noncomplying structure is destroyed by fire, flood or other calamity, it may be replaced without a variance, without complying with current bulk requirements, provided that:

It may be replaced with a structure of the same or lesser size and dimensions in the same location as the destroyed structure, provided the Director of Planning and Zoning determines that it is not feasible to replace the structure in a location closer to compliance with current bulk requirements.

It may be replaced with a structure of the same or lesser size and dimensions in a location which is closer to compliance with current bulk requirements than the original location, provided that the Director of Planning and Zoning determines that it is not possible to replace the structure in a location fully in compliance with current bulk requirements.

The provisions of Subsection 2 above shall not apply if the structure was vacant for more than one year immediately prior to being destroyed. Subsection 2 shall apply only if a building permit is obtained within two years of the date the structure was destroyed, construction pursuant to the building permit begins within six months of the issuance of the permit, and construction is substantially completed within one year. The building permit shall be revoked and a variance shall be required if these conditions are not met.

These provisions shall not be deemed to permit the intentional demolition and replacement of a structure which does not comply with current bulk requirements.

Home Businesses

Home Occupations

Home occupations which meet the following requirements are permitted accessory uses in all residential zoning districts and in residential land use areas of the multi-use districts. If more than one home occupation is located within a residence or on a residential lot, the requirements given below apply to the cumulative total of all home occupations on the lot.

The total area devoted to home occupations shall not exceed 33% of the gross floor area of the dwelling.

The home occupation shall be located entirely within a dwelling, an existing accessory building, or both.

The home occupation shall not alter the residential appearance and character of the dwelling, accessory building or the lot.

There shall be no exterior evidence, other than a permitted sign, to indicate that the lot is being used for any purpose other than that of a dwelling. Exterior evidence shall include outdoor display or storage, noise, dust, vibration, glare, fumes, odors or extensive parking area.

The unrestricted sale or rental of commodities may not take place on the lot.

Allowed sales related activities include: processing orders by mail, telephone or computer; receiving and mailing merchandise (subject to the limitation on truck deliveries); storage of catalogues, samples, previously ordered merchandise and inventory; office functions such as telephone, computer, and record keeping. In addition, occasional, small volume sales associated with home parties held for the purposes of the display and sale of goods such as cookware, fashion accessories, skin care products, etc. may occur on the site no more than once a month.

A home occupation shall be principally conducted by persons residing in the dwelling. In addition, the following number of nonresident employees and clients may be present on the lot in connection with the home occupation:

(1)

On a lot 20,000 square feet or larger, no more than three nonresident employees or clients shall be permitted at the same time.

(2)

On a lot smaller than 20,000 square feet which is improved by a single-family detached dwelling, no more than two nonresident employees or clients shall be permitted at the same time.

(3)

Within a single-family attached or apartment dwelling, no more than two nonresident employees or clients shall be permitted at the same time. The nonresident employees shall work only between 9:00 a.m. and 5:00 p.m. Monday through Friday.

No business-related deliveries by trucks with more than two axles shall be permitted. Parcel post and other similar delivery trucks are permitted.

Home occupations may include the uses listed below. All repair and refinishing items must be picked up from and delivered to customers.

(1)

Art or hand craft studios involving the small scale production of non-edible commodities for off-site sales.

(2)

Cottage food businesses.

(3)

Business services including record transcription, clerical and computer services.

(4)

Direct sale product distribution (e.g., Amway, Avon, Tupperware, etc.).

(5)

Internet, mail-order or telephone sales.

(6)

Dressmaker, seamstress, or tailor.

(7)

Repair services for products including, but not limited to: computer hardware, clocks, jewelry, cameras, guns, bicycles, small electronics, musical instruments and tools which can be transported in a standard passenger vehicle.

(8)

Individual or group instruction of up to 6 students at one time in an academic or non-academic subject.

(9)

Business or professional offices including administrative offices associated with an offsite business.

(10)

Furniture refinishing of items which can be transported in a standard passenger vehicle.

(11)

In the RC and RR Districts only, lawn mower, scooter and small engine repair on lots of five acres or larger.

Uses which require a Conditional Use in any residential zoning district are prohibited as accessory home occupations.

On an ALPP purchased or dedicated easement property, the following additional criteria are required:

(1)

The use shall not interfere with the farming operations or limit future farming production.

(2)

Any new building or building addition associated with the use, including any outdoor storage and parking area shall count towards the cumulative use cap of 2% of the easement.

Certain home occupations which do not comply with the requirements of this section may be permitted as a Conditional Use, subject to the provisions of Section 131.0.N.29 and other applicable regulations.

For home occupations which require Department of Planning and Zoning approval of a federal, state or local permit or license, a home occupation confirmation must be approved by the Department of Planning and Zoning based on the requirements of this section. The confirmation request shall include a plot plan showing the location and dimensions of structures, parking areas and driveways and a floor plan showing the dimensions and boundaries of the home occupation.

Home-Based Contractors

In the RC and RR Districts, and on lots larger than two acres in the R-ED, R-20, and R-12 Districts, a home-based contractor shall be a permitted accessory use, provided that:

The site shall have at least 60 feet of frontage on a public road.

In addition to the commercial or unregistered vehicles which may be parked on the lot according to the accessory use requirements of the applicable zoning district, the following is allowed:

(1)

In the RC and RR Districts, one additional commercial vehicle may be parked on lots larger than two acres.

(2)

In the R-ED, R-20, and R-12 Districts, one additional commercial vehicle may be parked on lots larger than three acres.

Nonresident employees may visit the lot for the sole purpose of picking up or returning vehicles or equipment. Such trips shall be limited to:

(1)

In the RC and RR Districts, no more than four trips per day for lots two acres or less, eight trips for lots larger than two and less than three acres, and twelve trips for lots of three or more acres.

(2)

In the R-ED, R-20, and R-12 Districts, no more than eight trips per day

In addition to the employee visits allowed by Paragraph 2.c, one nonresident, full-time equivalent office employee, not to exceed two individuals, may work on site. Nonresident employees are not permitted to perform non-office functions (e.g. equipment repair, loading, etc.).

No nonresident employees shall be on the lot and no commercial vehicles or equipment shall be taken from or returned to the lot between 7:00 p.m. and 6:30 a.m.

The total area used for parking and storage of commercial vehicles, equipment and supplies, whether outdoors or indoors, shall be limited to the following:

(1)

In the RC and RR Districts, no more than two percent of the gross lot area or 5,000 square feet, whichever is less.

(2)

In the R-ED, R-20, and R-12 Districts, no more than two percent of the gross lot area or 1,000 square feet, whichever is less.

Parking and storage areas shall be restricted as follows:

(1)

In the RC and RR Districts, supplies shall be stored within a building, except that mulch, compost, soil, sand, stone and other natural materials may be stored outdoors. Supplies stored outdoors must be screened from surrounding properties and roads by vegetation, fencing or other appropriate means in accordance with the Howard County Landscape Manual.

(2)

In the RC and RR Districts, equipment shall be either stored within a building or screened from surrounding properties and roads by vegetation, fencing or other appropriate means.

(3)

In the R-ED, R-20, and R-12 Districts, vehicles, supplies and equipment shall be parked or stored within a building, except that one commercial vehicle may be parked outdoors on lots of less than three acres, and two commercial vehicles may be parked outdoors on lots of three or more acres. Equipment and supplies may be stored on the commercial vehicles.

All storage areas shall meet the accessory structure setback requirements, except that structures used for parking, storage or loading of commercial vehicles larger than 5.0 tons gross vehicle weight, or excavating, paving or similar construction equipment shall be at least 50 feet from all property lines and outdoor parking or storage areas for these items shall be at least 100 feet from property lines.

No major repairs of vehicles or equipment shall be permitted on the lot. Major repairs include body work, engine rebuilding, painting, and similar activities.

Where two or more adjacent lots are under common ownership and used as a single home site, home-based contracting uses may be located on a different lot than the principal dwelling, if the Director of Planning and Zoning determines that this will allow more effective screening to be provided by using existing features of the site, or will result in decreased impacts on neighboring lots due to noise, dust or fumes. Parking surfaces, fencing and landscaping may be installed; however, no new accessory building shall be constructed and no existing accessory building shall be enlarged unless located on the same lot as the principal dwelling.

A home-based contractor shall operate only upon approval of a permit by the Department of Planning and Zoning, based upon compliance with the requirements listed above. The permit application shall include a plot plan showing the location and dimensions of structures, parking and storage areas, screening, and driveways, and a description of the proposed use.

Certain home-based contractors which do not comply with the requirements of this section may be permitted as Conditional Uses, subject to the provisions of Section 131.0.N.28, Section 131.0.N.32 and other applicable regulations.

(Bill No. 28-2017(ZRA-174), §§ 1, 2, 7-5-2017)

Temporary, Seasonal and Other Uses

Temporary Storage Trailers and Field or Sales Offices Related to Ongoing Construction

In all zoning districts, on application to the Department of Planning and Zoning, a permit may be issued for the use of storage trailers that are directly related to ongoing construction, or a trailer or building to be used as a temporary field or sales office in connection with development for which construction plans have been signed and all developer's agreements have been executed, a final plat has been recorded, a Site Development Plan has been approved or a building permit has been issued. Neither the trailers nor the building shall be used for living or sleeping, unless for overnight security purposes. A trailer or building approved under this section may not remain on the site unless there are active permits for the project, and the trailer or building must be removed before the last active permit for the project receives its final inspection. A trailer approved under this section and accessory parking may encroach into a required front setback from a street that has not yet been dedicated to the County. The trailer and parking must be removed or relocated to comply with the front setback before the street is dedicated.

The use of a trailer for office or sales purposes shall be permitted only in accordance with this Section. Modular office buildings, however, are allowed in zoning districts in which offices are a permitted use.

Temporary Storage or Refuse Containers

In all zoning districts, a storage or refuse container not directly associated with construction activity for which a permit is required may be used on a temporary basis provided it complies with all applicable setbacks and bulk regulations for the zoning district in which it is located. Such a container may not exceed a maximum size of 8 feet in width by 16 feet in length by 8 feet in height and may not remain on the site for more than 60 days. No more than one storage container and one refuse container may be located on the property at any time.

Upon application, the Director of Planning and Zoning may extend the time permitted for no more than 30 days, upon a showing of need and no history of violations regarding this use.

For purposes of this section, the period of use is calculated from the first day of actual use and includes the time the application is pending and any appeal if the use continues during that time.

No more than one 90 day use of temporary storage or refuse containers may be permitted for a property in any calendar year.

The Director of Planning and Zoning may grant an exception only to the size of containers, but in no event may permit a use beyond the time period specified in this section.

Accessory storage buildings and other accessory storage structures.

Except as provided below, or otherwise provided in the regulations, only accessory storage buildings are permitted to be used as shelters for accessory storage purposes, and converted or repurposed structures such as shipping containers or trailers shall not be used for accessory storage.

The Department of Planning and Zoning may approve a permit for the use of a shipping container as an accessory storage structure only in the zoning districts listed under 128.0.D.3.b.2.a, b, and c below unless otherwise permitted under 128.0.D.3.d below.

(1)

General criteria

Shipping containers shall not be located in an area required by site features such as: parking, landscaping, stormwater management, fire lanes, open space, or similar requirements.

Stacking of shipping containers is prohibited.

The storage of material designated as high hazard in the international building code is not permitted. The department of licenses and permits shall review and approve all permit request for compliance with this condition.

Shipping containers shall comply with all bulk regulations for the zoning district.

(2)

Zoning district criteria

In the M-1 and M-2 districts, but not in other districts that reference M-1 for permitted uses:

The shipping containers shall be located or screened so that they are not visible from the public street right-of-way or from any existing residential uses in the vicinity.

In the B-1 and B-2 districts between north avenue and south alley, beginning at the center line of MD 94 and extending 1,850 feet to the east on the north side of MD 144; extending 1,350 feet to the east on the south side of MD 144; and extending 225 feet to the west on the south side of MD 144:

For properties that front a public right-of-way, shipping containers shall be located behind the front façade of the principal structure.

ii.

The number of shipping containers per lot shall not exceed two in B-1 and three in B-2.

In the RC and RR districts, excluding farms:

The minimum lot size shall be 5 acres.

ii.

Shipping containers shall be screened from the public right-of-way or adjacent residential dwellings by any combination of structural, topographical or vegetative means.

iii.

The number of shipping containers allowed per lot shall not exceed two.

In the RC, RR, and R-ED districts, the use of storage bins, shipping containers, trailers and similar storage facilities may be permitted as accessory storage structures to a principal farming use.

Temporary Mobile Homes

In all residential districts and in residential land use areas of the NT, PGCC and MXD Districts, a permit may be issued for the use of a mobile home as a temporary residence on a lot where a dwelling was destroyed by fire or natural calamity. The mobile home may be used for a period of time not to exceed one year. This provision shall not apply to a lot where a dwelling was intentionally demolished.

Carnivals and Fairs

In districts where it is enumerated as a use permitted as a matter of right, a carnival or fair sponsored by and operated on a nonprofit basis for the benefit of charitable, social, civic or educational organizations shall be permitted, provided that:

The operator shall obtain all permits required by County or State law;

Such use shall operate for a period of time not to exceed 16 days per event;

All structures, materials and equipment shall be completely removed from the lot within seven days of the closing of the carnival or fair;

A carnival or fair shall not be held more than once in any 30 day period at the same location.

Nonprofit shall mean that no part of the net earnings inure to the benefit of a private individual, but all net earnings are exclusively devoted to charitable, social, civic or educational purposes.

Sale of Christmas Trees

In districts where the use is permitted as a matter of right, sale of cut Christmas trees or other seasonal decorative plant materials between Thanksgiving and January first shall be permitted, provided that:

Adequate off-street parking is provided;

The use will not cause traffic problems in the surrounding area; and

A permit for the use is approved each year by the Department of Planning and Zoning, based upon compliance with the requirements listed above. The permit application shall include a plot plan showing the location and dimensions of structures, parking areas and points of access.

Snowball Stands

In districts where it is enumerated as an accessory use, a snowball stand shall be permitted provided that:

The use shall be limited solely to the sale of snowballs;

The floor area of the structure shall be no greater than 200 square feet in a nonresidential zoning district, 100 in the RC and RR Districts and 50 square feet in all other residential zoning districts;

The use shall operate only between May 1 and October 1;

In addition to the parking required for the dwelling, at least one off-street parking space shall be provided for each 25 square feet of the snowball stand;

Notwithstanding the minimum front setback requirement of the district, the minimum front setback requirement for snowball stands shall be 25 feet;

There shall be no outside storage of materials or equipment related to the operation; and,

An annual permit for the use is obtained and approved each year by the Department of Planning and Zoning prior to the beginning of operation and sales, based upon compliance with the requirements listed above. The permit application shall include a plot plan showing the location and dimensions of structures, parking areas and points of access.

All snowball stands established prior to April 13, 2004, shall not be deemed a lawful, nonconforming use.

Acceptance of Off-site Land Clearing Debris for Farmland Reclamation

In districts where it is enumerated as an accessory use, the acceptance or disposal of land clearing debris shall be permitted under a permit issued by the Department of Planning and Zoning, provided that:

The disposal of land clearing debris shall be for the purpose of farmland reclamation only;

The Howard Soil Conservation District shall verify in writing that the proposed use is for farmland reclamation purposes, and said reclamation shall be done in conformance with a Soil Conservation and Water Quality Management Plan for the farm approved by the Howard Soil Conservation District;

Any temporary use permit issued by the Department of Planning and Zoning shall be for a specific period of time;

The area so reclaimed shall consist of natural gullies and erosion scars, typically not more than 50 feet in width and 1200 feet in length.

The Department of Planning and Zoning shall evaluate the site and may impose limits upon the total planned fill area to be reclaimed, and the daily volume of debris to be accepted or disposed of. Any use which requires a permit under State regulations shall not be considered an accessory use and shall require Conditional Use approval.

Motor Vehicle Storage in Residential Districts

In residential districts, off-street parking or storage of unregistered, inoperable, wrecked, dismantled or destroyed motor vehicles shall not be permitted, except that:

Parking or storage of such vehicles shall be permitted provided the vehicles are within a completely enclosed building or are not visible from ground level from any adjacent properties or public street rights-of-way. An unregistered, inoperable, wrecked, dismantled, or destroyed motor vehicle placed under a tarp or car cover shall not be considered to be screened.

In addition, one such vehicle per calendar year may be parked or stored outside, in a location visible from adjacent properties or streets, provided the vehicle is:

(1)

Recently purchased, pending inspection, for up to 180 days; or

(2)

Being advertised for sale, for up to 180 days; or

(3)

Being actively repaired or restored for up to 180 days, or for an extension of this period approved in writing by the Department of Planning and Zoning after an application is received showing good cause; or

(4)

Being held pending settlement of insurance, estate or similar claims.

All such vehicles must be owned by a resident of the property and used in connection with or in relation to a principal use permitted as a matter of right in the district.

Vehicles made nonconforming by Zoning Board Case No. 954R shall be removed within six months of August 22, 1994. Historic vehicles as defined under Section 13-936 of the Transportation Article of the Annotated Code of Maryland and made nonconforming by ZRA-5, shall be removed by November 6, 1996.

Vehicles designed or utilized for farming operations, as defined in Section 13-935 of the Transportation Article of the Annotated Code of Maryland as amended, shall be exempt from these provisions.

10.

Residential Chicken Keeping

Only in residential districts where it is enumerated as an accessory use, the keeping of hens is permitted provided it is in compliance with the criteria below.

The lot size shall be 10,000 square feet or larger.

The lot shall be improved with a single-family detached dwelling which is occupied as a residence.

The maximum number of chickens is eight hens. Roosters are prohibited.

A hen house/chicken coop shall be provided. This shelter shall be located in the rear yard and shall be located 15 feet from all lot lines at a minimum, except if the property is within the Planned Service Area the shelter shall be at least 15 feet from all lot lines, 50 feet from a neighboring dwelling and shall not create a nuisance. This minimum distance cannot be reduced through variance procedures. This hen house shall allow adequate air circulation to prevent the concentration of odors. Any chicken coop that has not been actively used to house chickens for a year must be taken down and removed from the property.

The area in which the chickens forage on the property and in which the shelter is located shall be fenced in such a manner that the chickens are confined to the property. This fence shall comply with all requirements for fences as noted elsewhere in Section 128.0.

The owner(s) shall conduct proper litter management practices within the shelter so that odors are not detectable from adjoining properties.

Chickens kept in accordance with this regulation must also be registered with the Maryland Department of Agriculture as required by section 3-804 of the Agriculture Article of the Maryland Code.

11.

Livestock on Residential Lots or Parcels

In residential districts where it is enumerated as an accessory use, livestock are permitted on residential lots or parcels subject to the criteria below.

The lot or parcel size shall be 40,000 square feet or larger.

The maximum number of livestock animals is one animal unit or fraction thereof for each 1.0 acre of lot area, provided, however, that a higher ratio shall be allowed upon a finding by the Department of Planning and Zoning that the property owner has obtained and implemented a nutrient management plan and a land and water conservation plan endorsed by the Howard Soil Conservation District that adequately manages the property for the higher ratio being approved.

The animal shelter location(s) shall comply with the animal shelter setback requirements in section 128.0.A. Setback variances, however, may be approved by the Hearing Authority.

12.

Temporary Seasonal Sales of Flowers and Plants

The temporary seasonal sales of flowers and plants may be permitted in nonresidential districts in which general retail sales are permitted, subject to the following criteria:

The use shall only be permitted to operate from April 1 through October 31 on properties that are developed with an existing commercial development, and are not permitted on undeveloped vacant properties.

The shelter(s) and sales display fixtures shall be of a temporary character, such as tents, canopies, portable tables and platforms, and shall not cause permanent changes to the existing commercial development.

The use shall not cause an inappropriate reduction of the available parking spaces on the property.

A permit for the use is approved each year by the Department of Planning and Zoning, based upon compliance with the requirements listed above.

13.

Conversion of nonconforming uses to permitted uses in the CLI overlay district

Existing uses in the CLI overlay district which do not conform with the uses permitted as a matter of right in the underlying district can become permitted uses and may have building or site improvement expansions beyond the square foot area existing or approved on April 13, 2004, subject to the following criteria:

The use is a contractor or storage yard use, or a use which is principally associated with motor vehicles, construction equipment or farm equipment, and similar uses.

The property shall have frontage on US Route 1 or shall be readily visible from US Route 1.

The expansion shall appreciably improve the visual appearance of the structures and outdoor areas on the property as viewed from US Route 1, through the use of improvements such as building renovations, fences, landscaping, or walls.

For properties fronting directly on US Route 1, streetscape improvements in conformance with the US Route 1 Manual and other subdivision and land development regulations as may be applicable to the proposed improvements shall be provided to the greatest extent possible, with consideration of the limitations which may be caused by the specific site characteristics.

For properties fronting on and having direct access on US Route 1, but having substandard entrances on US Route 1, the site improvements may include a new commercial access as approved by the State Highway Administration.

For the purpose of determining compliance with the criteria noted above, draft plans shall be submitted which depict the details of all the proposed improvements. This plan shall be evaluated by the Design Advisory Panel so its recommendations may be taken into consideration prior to the approval of the plan and the permit.

Once a permit is approved, it remains valid permanently unless it is revoked by the Department of Planning and Zoning upon a finding of noncompliance with the approved improvements plan.

Communication Towers and Antennas

Satellite Dish Antennas

No zoning requirements are imposed on satellite dish antennas with a diameter of one meter or less.

One satellite dish antenna per lot shall be allowed as an accessory use in all residential zoning districts and in residential areas of the PGCC, NT and MXD Districts. The following requirements apply to antennas with a diameter greater than one meter.

(1)

The location of a satellite dish antenna shall be dependent on the reception of usable satellite signals. Usable satellite signals shall be those signals from the major communication satellites which, when viewed on a conventional television set, are at least equal in picture quality to that received from local commercial television or cable television.

(2)

Where usable signals can be obtained, the antenna shall be ground-mounted and located in the rear yard. If usable signals cannot be obtained from a rear yard location, the antenna shall be ground-mounted and located in a side yard. If usable signals cannot be obtained from a side yard location, the antenna may be mounted on a pole or any other structure which is set back a minimum distance from all property lines equal to the height of the total structure as measured from ground level. In no event shall a satellite dish antenna be located in the front yard.

(3)

A satellite dish antenna shall comply with the required side and rear setbacks for the zoning district in which the antenna is located, except that for single-family attached lots the minimum side and rear setback shall be five feet.

(4)

Screening, consisting of a privacy fence, evergreen plantings, landscaped earth mound or comparable means approved by the Department of Planning and Zoning, shall be provided along the rear and sides of any ground-mounted satellite dish antenna, when such antenna is visible from the street or surrounding property as viewed from ground level.

Supplementary Regulations for Communication Towers

The following requirements are in addition to the requirements of the applicable zoning districts. The setback requirements given below are subject to the provisions of these Regulations for variances and administrative adjustments.

Setbacks for communication towers in residential districts:

(1)

From public street rights-of-way and other residentially-zoned lots: a minimum distance equal to the tower height (including antennas) measured from ground level.

(2)

From non-residentially-zoned lots: a minimum distance equal to 50 feet or one-third of the tower height (including antennas) measured from ground level, whichever is greater.

Setbacks for communication towers in the POR, PEC, CCT, B-1, B-2, SC, I, BRX, BR, M-1, M-2, and CE Districts, and in employment land use areas of the PGCC and MXD Districts:

(1)

From residential districts: a minimum distance equal to half the tower height (including antennas) measured from ground level.

(2)

From public street rights-of-way: a minimum distance equal to 50 feet or one-third of the tower height (including antennas) measured from ground level, whichever is greater.

Additional Requirements for Communication Towers Permitted as a Matter of Right

Communication towers shall be gray or a similar color that minimizes visibility, unless a different color is required by the Federal Communications Commission or the Federal Aviation Administration.

No signals or lights shall be permitted on towers unless required by the Federal Communications Commission or the Federal Aviation Administration.

A communication tower that is no longer used shall be removed from the site within one-year of the date that the use ceases.

Commercial Communications Antennas Attached to Structures

In the RC, RR, R-ED, R-20, R-12, R-SC, R-SA-8, R-H-ED, R-A-15, R-APT, R-MH, OT, NT, PGCC, and MXD Districts, antennas for commercial communications and associated unmanned equipment buildings are permitted as a matter of right subject to the following standards:

The antenna is attached to the roof or sides of a building at least 35 feet in height, an existing communication tower, a water tank or a similar structure provided that the antenna shall be gray or a color that minimizes visibility consistent with Federal Communication Commission or Federal Aviation Administration Regulations.

The following antennas are permitted under the provisions of this Section:

(1)

Omnidirectional or whip antennas no more than 7 inches in diameter and extending no more than 20 feet above the structure to which they are attached: or

(2)

Panel antennas no more than 2 feet wide and 6.5 feet long, extending above the structure to which they are attached by no more than 20 feet: or

(3)

Microwave dish antennas, not exceeding eight feet in diameter.

Dish antennas mounted on a building shall be located or screened so as not to be visible from abutting public streets.

The standards for the equipment buildings are as follows:

(1)

The maximum floor area is 600 square feet and the maximum height is 12 feet.

(2)

Ground-level buildings shall be screened from adjacent properties by landscape plantings, fencing or other appropriate means.

(3)

Equipment buildings mounted on a roof shall have a finish similar to the exterior building walls. Equipment for roof-mounted antennas may also be located within the building on which the antennas are mounted.

Equipment buildings, antennas and related equipment shall occupy no more than 25% of the total roof area of a building.

No signals or lights are permitted unless required by the Federal Communications Commission or the Federal Aviation Administration.

Antennas or equipment buildings not meeting these standards require a Conditional Use in the RC, RR, R-ED, R-20, R-12, R-SC, R-SA-8, R-A-15, R-APT, R-MH and PGCC Districts pursuant to Section 131.0.N. In the NT and MXD Districts, the use must be approved on a Comprehensive Sketch Plan or Final Development Plan, as applicable.

Amateur Radio Communication Towers

Communication towers for amateur (ham) radio are permitted accessory uses in residential districts. Amateur radio communication towers are subject to all requirements of Section 128.0.E.2 and 128.0.E.3

Private Use of Government Facilities

In all districts, government facilities may be made available for non-government uses such as community meetings, recreation or day care programs, religious activities, and similar uses, provided such uses are secondary to the government use.

Traditional Residential Neighborhoods

Purpose

This section is intended to allow the concepts of the traditional neighborhood design (TND) approach to be applied to developments which are entirely or primarily residential. The MXD District provides opportunity for the creation of full-fledged TND developments, which incorporate residential, retail, service, employment and civic land uses. However, many TND elements can also be applied to residential developments to produce attractive, livable neighborhoods. The alternative bulk regulations and use provisions established in this section provide the flexibility necessary for traditional neighborhood design.

General Criteria

All Traditional Residential Neighborhood developments are required to be characterized by all of the following elements:

(1)

A range of house types and/or lot sizes are provided.

(2)

Streets are laid out in a grid or network with multiple links between points.

(3)

Streets serve the needs of pedestrians and automobiles equitably.

(4)

Building facades form a visual edge along streets and squares.

(5)

The streetscape is defined and enclosed through small setbacks, a consistent treatment of architecture and other design elements, and extensive tree planting.

(6)

Formal open space areas such as squares and parks, which are visually prominent and clearly defined by roads or other physical boundaries, provide a community focus and places for social activity and recreation.

(7)

Civic buildings may be used to reinforce the identity of the neighborhood, providing places of assembly for social, cultural or religious activities.

(8)

Off-street parking areas and garages are visually unobtrusive and shall be located to the side or rear of the principal structure. In the R-ED District some exceptions may be approved for garage locations if required to accommodate historic, environmental, or scenic resources.

(9)

A minimum of 20% of the required open space shall be devoted to squares and small, formal parks. At least 25% of the perimeter of each square or formal park shall front on a street or private drive, provided that public access shall be provided along the entire distance of such required frontage on a private drive. For the R-ED zone, the minimum required open space devoted to squares and small formal parks shall not be less than 5% of the required open space, and alternate frontage may be approved on a case by case basis, provided there is sufficient public access.

The following regulations shall be applied to developments in the R-ED, R-SC, R-SA-8, R-H-ED, R-A-15, R-APT and R-MH Districts which are Traditional Residential Neighborhoods of at least 20 acres. These regulations may also be applied to areas of POR or B-1 zoning that abut and are an integral part of the design of a Traditional Residential Neighborhood.

(1)

Traditional Residential Neighborhood Regulations may also be applied to developments which are at least six acres in size and meet the following criteria:

(a)

It is located in an R-ED zoned historic district that was originally developed with the characteristics of a Traditional Residential Neighborhood or within 2,000 feet of an historic district that was originally developed with the characteristics of a Traditional Residential Neighborhood; and

(b)

Access is gained from a scenic road; and

(c)

The Traditional Residential Neighborhood design is determined by the Department of Planning and Zoning and the Planning Board to result in a better design in terms of:

(i)

Compatibility with surrounding development; and

(ii)

Protection of historic, scenic, and environmental resources.

Permitted Uses

Uses permitted as a matter of right, accessory uses, and Conditional Use shall be as indicated in the applicable section of these Regulations, except that accessory apartments shall be permitted accessory uses in any Traditional Residential Neighborhood subject to the following conditions:

The area of the lot shall be at least 8,000 square feet, unless the accessory apartment is located in a Traditional Residential Neighborhood within a R-MH (Residential: Mobile Home) District.

The accessory apartment shall have no more than two bedrooms.

Bulk Regulations for all Traditional Residential Neighborhood Developments

All bulk requirements for the R-ED, R-SC, R-SA-8, R-H-ED, R-A-15, R-APT, R-MH, POR and B-1 Districts shall remain applicable, with the following exceptions:

Except as provided in subparagraphs E(1) and F, the minimum setback for structures in single-family detached subdivisions within Traditional Residential Neighborhoods shall be 30 feet from the project boundary or from an external public street right-of-way, in lieu of the required setbacks from project boundaries or public street rights-of-way indicated in the applicable zoning district.

The required front or side setback from any internal public street right-of-way, regardless of the classification of the street, shall be 0 feet for all residential structures. For commercial, office, open space and civic structures, the setback from an internal public street right-of-way shall be 10 feet.

The required side or rear setback from an alley right-of-way shall be 0 feet for accessory structures, and for the rear of the principal structure if the garage is integral to the principal structure. The minimum rear to rear distance for structures on opposite sides of an alley may be reduced to 30 feet.

Except as provided in subparagraph E(1), the required setbacks from lot lines for principal structures in all development projects except single-family attached residential developments shall be as follows:

(1)

Side .....5 feet

Except zero lot line dwellings .....0 feet

A minimum of 10 feet must be provided between structures.

(2)

Rear .....10 feet

The required bulk regulations for an R-MH mobile home development developed as a Traditional Residential Neighborhood, having irredeemable ground leases, proposed for subdivision, and subdivided are as follows:

(1)

The lot size, lot coverage, lot width, setback requirements for existing structures from the project boundary, setback requirements from proposed lot lines prior to subdivision, setback requirements from lot lines after subdivision, and the minimum distance between structures shall be in accordance with an as-built Site Development Plan. The as-built Site Development Plan shall be filed in conjunction with the record plat and shall be:

(a)

Signed and sealed by the registered professional preparer as required by the Department of Planning and Zoning for original Site Development Plans; and

(b)

Approved by the Department of Planning and Zoning.

(2)

After the record plat is recorded, the construction of any enclosed addition which increases the gross floor area of the building shall be subject to the side and rear setback requirement listed in subparagraph D.

(3)

After the record plat is recorded, the construction of any unenclosed porch or deck shall be subject to a determination by the Department of Planning and Zoning, on a case-by-case basis, as to whether the addition increases the gross floor area. If the Department determines that the gross floor area will not increase, the addition shall be subject to setback requirements as set forth in the Building Code at Title 3, Subtitle 1 of the Howard County Code and shall not be subject to the specific setback requirements of this section.

The required setbacks from side or rear lot lines for accessory structures on lots improved by single-family detached dwellings shall be as follows:

(1)

Detached accessory garages or sheds .....0 feet

(2)

Other accessory structures

(a)

Side .....5 feet

(b)

Rear .....10 feet

There shall be no limits on the maximum lot coverage for attached units.

Adult Entertainment Businesses

Purpose

These requirements are intended to allow suitable locations for adult entertainment uses while limiting their adverse secondary impacts on the community. Studies from other jurisdictions in the United States have demonstrated that adult entertainment uses, particularly when clustered in a particular area, are associated with increased crime levels, depreciation of property values, neighborhood deterioration and negative perceptions of neighborhood character. To lessen and control these impacts, to limit exposure to adult entertainment uses by children, and to control the spread of sexually transmitted diseases, these requirements require dispersal of adult entertainment uses and place certain other restrictions on their location and arrangement.

Location

Adult entertainment businesses are permitted in districts where they are listed as a use permitted as a matter of right, or in the NT or MXD Districts where allowed by the applicable approved preliminary development plan, comprehensive sketch plan or final development plan. The building containing an adult entertainment business shall be located:

At least 1,000 feet from any other building containing an adult entertainment business. Only one adult entertainment business is allowed per building.

At least 300 feet from residential or PGCC District, provided the zoning district existed prior to establishment of the adult entertainment business.

At least 300 feet from residential areas of the NT District and from NT open space lots that abut or are separated only by a street right-of-way from a residential district or a residential area of the NT District. This requirement applies if the residential or open space land is shown a final development plan recorded prior to establishment of the adult entertainment business.

At least 300 feet from residential areas of the MXD, TOD or CAC Districts and from open space areas that abut or are separated only by a street right-of-way from a residential district or a residential area of the MXD, TOD or CAC District. This requirement applies if the residential or open space land is shown on a sketch plan or Site Development Plan approved prior to establishment of the adult entertainment business.

At least 300 feet from the boundary of a parcel or lot occupied by an academic school (nursery through high school level), child day care center, religious facility as the principal use, public library, public park or public recreational facility, provided the use existed prior to the establishment of the adult entertainment business.

Measurements shall be made in a straight line between the building containing the adult entertainment business and:

(1)

The building containing the other adult entertainment business pursuant to Subsection a above; or

(2)

The zoning district pursuant to Subsection b above; or

(3)

The land use area shown on the final development plan or the Site Development Plan pursuant to Subsections c and d above; or

(4)

The boundary of the parcel or lot occupied by the particular uses pursuant to Subsections e above.

Interior Arrangement

The interior of the establishment shall be arranged so that employees and customers can observe all areas open to customers. Viewing booths shall not be equipped with curtains, doors, or any other device that allows a booth's interior to be screened from the view of employees or other customers.

Outside Display or Visibility

No merchandise, material or performance depicting or describing sexual activity or nudity, as defined in these Regulations, shall be visible from outside the adult entertainment business.

Amortization

Except as provided in Subsection b below, an adult entertainment business lawfully established prior to the effective date of these requirements shall conform to all of the requirements set forth herein on or before thirty days after the effective date of these requirements.

An adult entertainment business lawfully established prior to the effective date of these requirements must conform to the permitted use and locational requirements set forth in Section 128.0.H.2. on or before one year after the effective date of these requirements.

Required Permit

A zoning permit is required for any adult entertainment business prior to commencing operation of the business. The business owner(s) must apply for a zoning permit from the Department of Planning and Zoning. The permit application shall indicate the address and location of the building to be occupied by the business as well as floor plans or other information that will enable the Director of Planning and Zoning to determine whether the use will comply with paragraphs H.3 and H.4 of this section. The permit application shall also include the name and address of an owner of the business. If the owner of the business is not a natural person, the permit application shall also include the name and address of a resident agent or other individual authorized to accept service of process for the applicant.

The Director of Planning and Zoning shall act on the permit application within 30 days of receipt of the application by the Department of Planning and Zoning. The permit shall be approved if the use complies with paragraphs H.2 through H.4 of this section.

The applicant may, at his or her own risk, commence operation of the adult entertainment business after applying for the zoning permit but before the permit is approved. However, if the Director of Planning and Zoning subsequently denies the permit because the business does not comply with paragraph H.2 of this section, the business must cease operating. If the Director of Planning and Zoning denies the permit because the use does not comply with the requirements of paragraphs H.3 or H.4, the applicant must cease operating or bring the use into compliance with those requirements. If the applicant files a legal challenge in any administrative or judicial forum, the business may continue to operate pending the outcome of the legal challenge.

Permits for Special Farm Uses

The Department of Planning and Zoning may approve permits for the following categories of uses, which are related to farming and agriculture. A permit shall only be approved if the Department of Planning and Zoning finds that the proposed use conforms with the criteria given below and that are listed for each category.

Except for the value-added agricultural processing category, the Pick-Your-Own Enterprises category, and the small farm stand category, all other categories above shall comply with the requirement that the lot or parcel upon which the operation is located shall have frontage on and direct access to a road classification as an arterial or collector public road, or may front on and have direct access to a local road, if:

(1)

Access to an arterial or collector public road right-of-way is not feasible;

(2)

The access to the local road is safe based on road conditions and accident history;

(3)

That the use of the local road for access will not unduly conflict with other uses that access the local road.

The petitioner shall submit a request for a permit in writing, either in a letter or using a form provided by the Department of Planning and Zoning. The request shall specify the proposed permit category and provide a written description of the use and justification addressing how the proposed use compiles with the criteria applicable to the use. The petitioner shall specify the address of the property for the proposed use, and shall provide a mailing address, if different, a phone number and an email address if used, for purposes of future communication about the request.

For categories which will include visits to the property by customers or participants, the request shall specify the requested hours of operation of the use. In approving a permit, the Department of Planning and Zoning may reduce the hours of operation if it determines that this will reduce adverse impacts on adjacent properties.

The permit request shall include a plan of the property depicting the location and dimensions of structures, parking areas, driveways and landscaping used to buffer any adjacent residential development.

If the Department of Planning and Zoning determines that the proposed use is not in compliance with the applicable criteria, it shall inform the petitioner as to what is necessary to achieve compliance.

Once a permit is approved and is issued, the permit shall be valid indefinitely provided that the operation of the approved use remains in full conformance with all aspects of the use as it was approved. The permit holder shall apply for a renewal of the permit if significant changes to the operation are being proposed, including but not limited to new uses or structures, in which case the originally approved plan must be revised to indicate the proposed changes and submitted for a new approval.

Value-Added Agricultural Processing

Value-added processing of agricultural products is permitted as an accessory use to farming in the RC and RR Districts, provided that:

The primary product being processed is grown on the farm where the processing occurs. Necessary secondary ingredients that are not farm grown, however, may be obtained from other sources.

The processing use is subordinate to and will support the agricultural use of the property, and will not have significant adverse impacts on neighboring properties. For purposes of this section, adverse impact shall not include any impact normally associated with farms following generally accepted agricultural management practices or farms operating permitted uses under this section.

Any outdoor processing operation shall be located at least 100 feet from property lines.

Value-Added Agricultural Processing with On-Site Sales

Value-Added processing of Agricultural products with on-site sales is permitted as an accessory use to farming in the RC and RR Districts, provided that:

The primary product being processed is grown or produced on the farm where the processing occurs. Necessary secondary ingredients that are not farm grown or produced, however, may be obtained from other sources.

The processing use will support the agricultural use of the property, and will not have significant adverse impacts on neighboring properties. For purposes of this section, adverse impact shall not include any impact normally associated with farms following generally accepted agricultural management practices or farms operating permitted uses under this section.

Any outdoor processing operation shall be located at least 100 feet from property lines.

Adequate off-street parking is provided, parking areas and driveways are treated as needed to control dust, and parking areas are screened from neighboring properties.

Sight distance, the design of driveway entrances, and directional signage are adequate to accommodate expected traffic.

Where the areas open to customers are close to the property boundaries, boundaries are clearly marked through fencing or landscaping to protect neighboring properties from unintentional trespassing by visitors.

Farm Stands

Small farm stands (smaller than 300 square feet) are permitted as an accessory use to farming in the RC, RR, R-ED, R-20, R-12 and R-SC Districts, provided that:

(1)

The minimum lot size is 3 acres.

(2)

The use may include the retail sale of crops, produce, flowers, plants, livestock and poultry products and similar items grown or produced on-site. Items produced through value-added processing of products grown on the farm may also be sold.

(3)

The farm stand use will support the agricultural use of the property, and will not have significant adverse impacts on neighborhood properties.

(4)

Notwithstanding the front setback requirements of the applicable zoning district, the minimum front setback for farm stands is 25 feet.

(5)

Adequate off-street parking is provided.

Large farm stands (larger than 300 square feet) are permitted as an accessory use to farming in the RC or RR District, provided that:

(1)

The use is located on a parcel of at least 50 acres or a parcel of any size if subject to an ALPP purchased or dedicated easement or other dedicated easement.

(2)

The use may include the retail sale of crops, produce, flowers, plants, livestock and poultry products and similar items grown or produced on-site or on other local farms. Items produced through value-added processing of products grown on the farm or on other local farms may also be sold.

(3)

The farm stand use will support the agricultural use of the property, and will not have significant adverse impacts on the neighboring properties. For purposes of this section, adverse impact shall not include any impact normally associated with farms following generally accepted agricultural management practices or farms operating permitted uses under this section.

(4)

The area of the farm stand does not exceed 500 square feet, plus an additional 500 square feet for each additional 25 acres of lot area beyond 50 acres, up to a maximum of 3,000 square feet of area.

(5)

Notwithstanding the front setback requirements of the applicable zoning district, the minimum front setback for farm stands is 25 feet.

(6)

Adequate off-street parking is provided, parking areas and driveways are treated as needed to control dust, and parking areas are screened from neighboring properties.

(7)

Sight distance and the design of driveway entrances are adequate to accommodate expected traffic.

(8)

Pick-Your-Own Enterprises

Pick-your-own produce operations and cut-your-own Christmas tree or flower operations are permitted as accessory uses to farming in the RC and RR Districts, provided that:

Pick-your-own uses may also include the sale of pre-picked produce grown on the farm or on other local farms. Items produced through value-added processing of products grown on the farm or on other local farms may also be sold.

The pick-your-own use will support the agricultural use of the property, and will not have significant adverse impacts on neighboring properties. For purposes of this section, adverse impact shall not include any impact normally associated with farms following generally accepted agricultural management practices or farms operating permitted uses under this section.

Adequate off-street parking is provided, parking areas and driveways are treated as needed to control dust, and parking areas are screened from neighboring properties.

Sight distance, the design of driveway entrances, and directional signage are adequate to accommodate expected traffic.

Incidental uses such as snack sales or hayrides to the produce fields are permitted.

Agritourism Enterprises

Agritourism enterprises are permitted as accessory uses to farming in the RC and RR Districts, provided that:

The use is located on a parcel of at least 50 acres, or on a parcel of any size if subject to an ALPP purchased or dedicated easement or other dedicated easement.

The use supports the agricultural use of the property and will not have significant adverse impacts on neighboring properties. For purposes of this section, adverse impact shall not include any impact normally associated with farms following generally accepted agricultural management practices or farms operating permitted uses under this section.

Adequate off-street parking is provided, parking areas and driveways are treated as needed to control dust, and parking areas are screened from neighboring properties.

Sight distance and the design of driveway entrances are adequate to accommodate expected traffic.

The use will operate only between the hours of 6 a.m. and 10 p.m. Any outdoor lighting shall comply with the requirements of Section 134.0.

Agritourism uses may include festivals or similar events held for the purpose of marketing products grown on the farm or farm-related education or recreation, provided that festivals are limited to no more than 4 per year and no more than 8 days per year.

Community Supported Agriculture (CSA)

A CSA is permitted as an accessory use to farming in the RC, RR and R-ED Districts, provided that:

The CSA use will support the agricultural use of the property, and will not have significant adverse impacts on neighboring properties. For purposes of this section, adverse impact shall not include any impact normally associated with farms following generally accepted agricultural management practices or farms operating permitted uses under this section.

The use is located on a lot or parcel of at least 3 acres.

Adequate off-street parking is provided, parking areas and driveways are treated as needed to control dust, and parking areas are screened from neighboring properties.

Sight distance, the design of driveway entrances, and directional language are adequate to accommodate expected traffic.

Food Hubs

A Food Hub is permitted as an accessory use to farming in the RC and RR Districts, provided that:

The Food Hub use will support the agricultural use of the property, and will not have significant adverse impacts on neighboring properties. For purposes of this section, adverse impact shall not include any impact normally associated with farms following generally accepted agricultural management practices or farms operating permitted uses under this section.

The use is located on a parcel of at least 50 acres, or on a parcel of any size if subject to an ALPP purchased or dedicated or other dedicated easement.

Adequate off-street parking is provided, parking areas and driveways are treated as needed to control dust, and parking areas are screened form neighboring properties.

Sight distance, the design of driveway entrances, and directional signage are adequate to accommodate expected traffic.

Riding Academies and Stables

Riding Academies and Stables are permitted as an accessory use to farming in the RC and RR Districts, provided that:

Adequate areas for horseback riding shall be available on the site. If the operation will include off-site horseback riding, the petition must indicate the location of off-site trails and include written permission from the property owners.

Minimum required setbacks:

(1)

For an indoor or outdoor riding arena from an existing dwelling on a different lot .....100 feet

(2)

For a stable from an existing dwelling on a different lot .....200 feet

The Department of Planning and Zoning may reduce the 200 foot setback from an existing dwelling on a different lot to a distance no less than 100 feet upon a finding that the setback reduction will not adversely affect neighboring properties due to visual impact, noise, dust, odors or other causes.

The site has a minimum area of five acres.

Parking areas, driveways and outdoor riding areas will be located and designed to shield neighboring properties from noise, dust and odors.

Housing Commission Housing Developments

Housing Commission Housing Developments located in a non-residential zone shall adhere to the regulations which are most restrictive, either the bulk regulations found in its zoning district or the supplementary bulk regulations below.

A Housing Commission Housing Development located in a non-residential zone shall meet the following requirements:

Maximum Height Limitations:

(1)

Structure with minimum setback .....50 feet

(2)

Structure with an additional 1 foot in height for every 2 feet of setback above the minimum .....80 feet

(3)

Structure adjacent to a residentially zoned district .....50 feet

Minimum Development size, not to prohibit the sale or lease of lots therein .....3 acres

Minimum Structure or use setbacks:

(1)

From residential districts or uses .....75 feet

Except from R-SA-8 or R-A-15 .....50 feet

(2)

From any other zoning district .....25 feet

(3)

From adjoining open space .....35 feet

(4)

From public street right-of-way .....30 feet

(5)

If a residential district is separated by a public street right-of-way from a district where a housing development is permitted use, only the setback from the public street right-of-way shall apply.

Minimum distances between buildings for attached and apartment units:

(1)

Face to face .....30 feet

(2)

Face to side/rear to side .....20 feet

(3)

Side to side .....15 feet

(4)

Rear to rear .....50 feet

(5)

Rear to face .....75 feet

Shall comply with universal design requirements of Section 115.0.E.1 of the Zoning Regulations.

Shall provide perimeter buffering along adjacent residential zoning district through the retention or planting or forest or providing a Type C landscape buffer.

Shall provide a minimum of 25% of the gross acreage for passive, recreational and/or amenity open space in proximity to the residential units.

Approval of the Site Development Plan by the Planning Board.

For Housing Commission Housing Developments located in non-residential zones, the Site Development Plan must be approved by the Planning Board. The Planning Board, before acting upon the Site Development Plan, shall receive comments from the Department of Planning and Zoning and the Subdivision Review Committee and shall hold a public hearing.

A Site Development Plan submitted for review shall include all the information required by the Subdivision and Land Development Regulations of the Howard County Code.

The Planning Board may approve up to a maximum of 12 acres of Housing Commission Housing Developments on non-residentially zoned land in a three calendar year period.

In acting upon the Site Development Plan, the Planning Board shall consider the following factors:

(1)

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

(2)

Whether the plan results in a logical arrangement of land uses within the development;

(3)

Whether there is convenient pedestrian access between uses and pedestrian connection to the surrounding community;

(4)

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;

(5)

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

(6)

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

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 Site Development Plan, stating the reasons for its action.

Minor additions and modifications to site developments 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.

Minor projects 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 structure, not to exceed 1,000 square feet.

(2)

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.)

(3)

Clearing or grading that does not exceed 2.000 square feet in area.

(4)

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

Neighborhood Preservation Density Exchange Option

In the R-ED, R-20, R-12 and R-SC Districts, a parcel that qualifies under the criteria for neighborhood infill development as defined in Section 16.108.(b) of the Subdivision and Land Development Regulations or a parcel principally used for a Swimming Pool, Community or an historic structure, as defined in the Zoning Regulations and is eligible to be developed for additional residential lots, may be a sending parcel for the Neighborhood Preservation Density Exchange Option within the same planning district or within a two-mile radius regardless of the planning district. However, sending parcels that contain a historic structure, as provided in Subsection 1.b below, may exchange density with a receiving parcel in any planning district.

With this Neighborhood Preservation Density Exchange Option, in the R-ED and R-20 zoning districts density may be exchanged from a Neighborhood Preservation sending parcel to an eligible receiving parcel based on a rate of 2 development rights per net acre, or fraction thereof. Except as provided below, up to a maximum of 3 development rights may be exchanged from a sending parcel located in either the R-ED, R-20, and R-SC district. In the R-12 District density may be exchanged from a Neighborhood Preservation sending parcel to an eligible receiving parcel based on a rate of 3 development rights per net acre, or fraction thereof. Except as provided below, up to a maximum of 3 development rights may be exchanged from a sending parcel located in the R-12 District.

A parcel that is either County-owned or encumbered with a Maryland Historic Trust Easement located in the R-ED, R-20, R-12, and R-SC District that qualifies as a Neighborhood Preservation sending parcel and that contains a historic structure which is open and accessible to the public may send density without limitation on the maximum number of development rights exchanged, provided that a single development right is retained in accordance with Subsection 4.a below.

Neighborhood Preservation Parcel Easement Requirements

The easement shall cover the entire sending parcel or lot that complies with the definition of a Neighborhood Preservation Parcel in the Zoning Regulations.

A Neighborhood Preservation Parcel Easement improved with an existing dwelling unit, a structure used for an Historic Building Uses Conditional Use, or a Swimming Pool, Community shall not have any new structures placed on the site that are larger than 50% of the building footprint of the structure existing at the time the neighborhood preservation easement is recorded. However, if the average footprint size of the nearest six dwellings is greater than the footprint of an existing building, the Director may approve a footprint that does not exceed this average.

The easement shall be approved by the Department of Planning and Zoning and shall be recorded at the time of recordation of the final plat for the Neighborhood Preservation Parcel.

The easement shall run with the land, shall be in full force and effect in perpetuity, and shall describe and identify the following:

(1)

The location and size of all existing improvements on the parcel covered by the easement.

(2)

A prohibition on future subdivision of the Neighborhood Preservation Parcel.

(3)

A prohibition on future use or development of the parcel for uses incompatible with the Neighborhood Preservation Parcel Easement. Only principal or accessory residential uses, Historic Building Uses Conditional Uses, or principal or accessory Swimming Pool, Community uses are permitted in accordance with the Zoning Regulation.

(4)

The provisions for maintenance of the neighborhood preservation parcel.

(5)

The responsibility for enforcement of the deed of Neighborhood Preservation Parcel Easement.

(6)

The provisions for succession in the event that one of the parties to the deed of Neighborhood Preservation Parcel Easement ceases to exist.

One of the following entities shall be a party to the deed of Neighborhood Preservation Parcel Easement in addition to the property owner:

(1)

Howard County Government; or

(2)

Maryland Environmental Trust or Maryland Historical Trust; or

(3)

A land conservation organization approved by the County Council.

Receiving Development Requirements

Residential development rights derived from Neighborhood Preservation sending parcels may be received as bonus density for developments on parcels in the R-SA-8, R-A-15, R-APT and CAC Districts.

Residential development rights derived from Neighborhood Preservation sending parcels may be received as bonus density on parcels in the R-ED, R-20 and R-12 Districts for which the total development project size is at least 5 acres.

Development rights shall be received in accordance with the following ratios:

Type of Dwelling Unit to be Constructed	Number of Development Rights needed per Dwelling Unit
Single-Family Dwelling	1
Townhouse Dwelling	.5
Apartment	.33

Any parcel with the main stem of the Patapsco River, the Patuxent River, the Little Patuxent River, the Middle Patuxent River, or the Deep Run running through the property shall be excluded for consideration as a receiving parcel for development of single-family attached or multi-family housing.

Additional Requirements

Sending Parcels

(1)

On improved residential parcels, one development right shall be retained on the sending parcel to allow for the continued existence of the existing dwelling unit. An unimproved Neighborhood Preservation Parcel must be owned and maintained by a homeowner's association or dedicated to Howard County.

(2)

On parcels improved with Swimming Pools, Community, one development right may be retained on the sending parcel to allow for a potential future dwelling unit.

(3)

On parcels improved with a structure used for an Historic Building Uses Conditional Use, one development right shall be retained on the sending parcel to allow for the operation of the Conditional Use.

Density Exchange

The exchange of density shall take place as a private exchange between property owners, subject to the approval of the sending and receiving parcels by the Department of Planning and Zoning in accordance with the procedures set forth below.

Approval of Sending Parcel

An application for approval of the sending parcel shall be made at any time before the initial plan for the receiving development is technically complete and tentative housing unit allocations have been granted by the Department of Planning and Zoning, and shall include the following:

(1)

A final plat of the sending parcel.

(2)

Documentation that the sending parcel complies with the criteria in Section 128.0.K.

(3)

A calculation of the maximum number of development rights which may be removed from the sending parcel.

Application for Receiving Development

An application for the use of the bonus density on a receiving parcel shall be made to the Department of Planning and Zoning and shall include a calculation of the proposed density and the number of development rights to be obtained from one or more sending parcels.

Approval of Receiving Development

The Department of Planning and Zoning shall tentatively approve the transfer of receiving bonus density to the receiving development when the initial plan submission for the development is technically complete and before tentative housing unit allocations are granted.

Phasing of Receiving Developments

Density for receiving developments may be recorded in sections. A Final Subdivision Plan or Site Development Plan shall not be approved for the receiving development until one or more sending parcels are approved which provide the necessary number of additional development rights for the lots shown on the Final Subdivision Plan, or the dwelling units indicated on the Site Development Plan.

Recordation of Sending Parcels and Receiving Developments.

Following the approval of the initial plan for the receiving development, the following documents shall be recorded together in the land records of Howard County.

(1)

A revision plat or a final plat of easement for each sending parcel, designating the property as a Neighborhood Preservation sending parcel and indicating the number of development rights that have been removed from the parcel, the location of the receiving development, and that one development right has been retained for the existing or a potential future dwelling unit on the Neighborhood Preservation sending parcel.

(2)

A deed of Neighborhood Preservation Parcel Easement for each Neighborhood Preservation sending parcel that complies with Section 128.0.L.2.

(3)

A final plat for the receiving development parcel which may be a final subdivision plat dividing the receiving development parcel into lots, or may be a density-receiving plat that records the number of development rights received from sending parcels but does not subdivide the receiving development parcel. Density recorded on the final plat for the receiving development parcel shall only be used on that receiving development parcel.

(Bill No. 32-2017(ZRA-172), § 1, 7-5-2017)

Small Wind Energy Systems, Building Mounted

The following requirements apply to Small Wind Energy Systems, Building Mounted located in the following districts as an accessory use: RC, RR, R-ED, R-20, R-12, R-SC, R-SA-8, R-H-ED, R-A-15, R-APT, I, POR, PEC, BRX, BR, CCT, B-1, B-2, SC, CEF, CR, M-1, M-2, PGCC, CE, TOD, CAC, MXD, PSC, TNC, and NT provided:

The systems shall be primarily intended to reduce the on-site consumption of utility power.

The systems are permitted only on the principal structure in residential zoning districts.

The systems shall be located on the roof or sides of a structure that are at least 25 feet in height.

The systems shall comply with the principal building setbacks.

The height of the system shall not extend more than 15 feet above the ridge of the highest roof section.

Only one system per lot is permitted as an accessory use on properties less than 3 acres in area.

Only one system is permitted per building side as an accessory use on properties 3 acres or greater in area.

The systems shall not exceed 60 DBA, as measured at all lot lines. The level, however, may be exceeded during short-term events such as utility outages and/or severe wind storms.

All systems shall be gray or a similar color that minimizes visibility.

10.

No exterior lighting is permitted.

11.

The systems shall comply with all applicable local, state, and federal laws and provisions.

12.

Meteorological towers, solely for the measurement of wind, temporary or otherwise, are not permitted.

13.

A system that is no longer used shall be removed from the site within one year of the date that the use ceases.

14.

No variances or administrative adjustments shall be granted to any of the provisions.

15.

In the NT District, systems are not permitted on single-family attached or multi-family dwelling unless allowed by the FDP.

Small Wind Energy Systems, Freestanding Tower

The following requirements apply to Small Wind Energy Systems, Freestanding Tower, located in the RC District as an accessory use provided:

The systems shall be primarily intended to reduce the on-site consumption of utility power.

The maximum height for the tower mounted systems, including blades, shall not exceed 60 feet from grade. However, on farms greater than 25 acres the maximum height for tower mounted systems, including blades, shall not exceed 120 feet from grade.

The minimum lot size shall be at least 5 acres.

The system shall not be located within the front yard between the principal structure and the front property line.

The minimum setback for a system shall equal its total height, plus 10% from any property line.

The systems shall not. Exceed 60 DBA, as measured at all lot lines. The level, however, may be exceeded during short-term events such as utility outages and/or severe wind storms.

Temporary meteorological towers, solely for the measurement of wind, are permitted for an initial period not to exceed 90 days, provided they meet the height and setback requirement of this section and achieve a Temporary Use Permit in accordance with Section 132.0, except that there shall be no further extensions of or new petition for a Temporary Use permit which has already been extended to the one year limit.

The blade of any wind turbine shall, at its lowest point, have a ground clearance of no less than 15 feet, as measured at the lowest point of the arc of the blades.

No other equipment unrelated to the operation of the system shall be attached to the structure.

10.

No exterior lighting is permitted, unless required by the Federal Aviation Administration.

11.

The system shall comply with all applicable local, state, and federal laws and provisions.

12.

A system that is no longer used shall be removed from the site within one year of the date that the use ceases.

13.

No variances or administrative adjustments shall be granted to any of the provisions.

Apiaries

Apiaries are permitted as an accessory use on lots containing community gardens, sites where apiaries will form part of an educational program, and on single-family residential lots; and

An apiary that is a permitted accessory use under this Subsection shall meet the following requirements:

The minimum side and rear setbacks are 25 feet from the lot line, except that the minimum setbacks are 10 feet if the apiary is located as to direct the entrances away from neighboring properties and located:

(1)

At least 6 feet above the ground; or

(2)

Behind a solid fence, hedge, or other barrier that is at least 6 feet in height and runs parallel to the property line, and extends 10 feet beyond the apiary in each direction.

Bee flyways shall be at least 6 feet above any deck or other open outdoor structure that is located on an adjoining property within 25 feet of the apiary;

The minimum front setback is 50 feet from the front lot line;

A water supply shall be provided to minimize honeybees from seeking water off-site; and

Apiaries shall comply with Maryland Department of Agriculture Regulations as they pertain to beekeeping, and be operated and maintained in accordance with Best Management Practices; and

An apiary use may not unreasonably interfere with the proper enjoyment of the property of others, with the comfort of the public, or with the use of any public right-of-way.

Farm Winery—Class 1A or Farm Brewery—Class 1A

A Farm Winery—Class 1A or a Farm Brewery—Class 1A is permitted as an accessory use to farming in the RC and RR Districts, provided that the use complies with the following criteria:

The use is located on a lot or parcel of at least 5 acres. This use is permitted on any such parcel, including parcels with agricultural preservation easements and preservation parcels, excluding cluster preservation parcels in the RR District existing on July 4, 2011 for which easements have not been donated to the Agricultural Land Preservation Program.

The lot or parcel upon which the use is located shall have frontage on and direct access to:

(1)

A road classified as an arterial or collector public road; or

(2)

A local road, provided that:

(a)

Access to an arterial or collector public road right-of-way is not feasible;

(b)

The access to the local road is safe based on road conditions and accident history;

(c)

If the local road is internal to a residential cluster subdivision, the subject property adjoins an arterial or collector highway, the local road access point is within 400 feet of its intersection with the arterial or collector highway, and there are no intervening driveways between the arterial or collector highway and the access to the property along the local road; and

(d)

That the use of the local road for access to the property will not unduly conflict with other uses that access the local road.

The driveway providing access to the proposed site shall not be shared with other properties; however the Director of Planning and Zoning may waive this criteria if the petitioner provides affidavits from all persons who also share the driveway that they do not object to the use of the driveway for the use. If the use of a shared driveway is allowed, the petitioner shall demonstrate that the use will not result in damage to or deterioration of the shared driveway or in increased hazards to other users of the driveway. The Director of Planning and Zoning shall prescribe appropriate conditions and safeguards to ensure the petitioner's responsibility for repair of any damage or deterioration of the shared driveway caused by the use.

All winery or brewery related structures and uses associated with the winery or brewery, excluding cultivation areas shall be at least 75 feet from all lot lines and where possible minimize the impact on surrounding properties.

For a farm winery Class 1A use, the planting of at least two acres of grapes or other fruit on the property shall be initiated upon approval and successfully established within two years of approval. For a farm brewery Class 1A use, the planting of at least two acres of a primary ingredient used in the brewing of malt-based or grain-based beverages on the premises shall be initiated upon approval and successfully established within one year of approval.

Appropriate screening of adjoining parcels shall be provided, which may include a solid fence, wall, landscaping or a combination that presents an attractive and effective buffer.

The use shall be consistent with and support the farm and its production, shall not interfere with the implementation of soil conservation and water quality best management practices, and shall not impact floodplains, wetlands, stream buffers, steep slopes or other environmental features on the farm winery property.

The use shall be compatible with the rural character of the farm and the surrounding area.

A Farm Winery or Brewery may produce, serve and sell food to complement wine or beer tasting in accordance with Article 2B of Maryland State Code.

In addition to the beverages produced by the use, the retail sale of promotional items identifying the same winery or brewery, such as glassware, clothing, bottle openers or similar items, is permitted as an accessory use. Plants or produce grown on-site may also be sold.

Visitor hours shall be restricted to between 10:00 a.m. and 7:00 p.m., Sunday through Thursday; and 10:00 a.m. and 10:00 p.m., Friday and Saturday. DPZ may reduce the hours for visitors, but shall not increase them. The hours for winery or brewery processing and production operations are not limited.

At any one time, the number of visitors to the winery or brewery shall not exceed 50 visitors.

The number of barrels brewed by a farm brewery may not exceed the number of barrels allowed by State law.

A zoning permit is required for the use. As part of the approval process, the owner shall submit a site layout, which includes acreage, screening, parking, and building locations. If approved, after the required two-year or one-year time period, as applicable, the owner shall provide documentation to DPZ proving compliance with the planting requirements in Section 128.0.O.1.e and that it remains in compliance with all the other approval criteria. Thereafter, permit renewal is not required unless a violation occurs. It is the responsibility of the winery or brewery owner to obtain any other required Federal, State and County approvals required prior to operating the use.

(Bill No. 44-2013(ZRA-146), § 1, 12-9-2013)

Howard County Unincorporated
City Zoning Code

SECTION 128

0: - Supplementary Zoning District Regulations

Supplementary Bulk Regulations

The following supplementary regulations shall apply in addition to the requirements of the applicable zoning districts.

Exceptions to Setback Requirements

Exceptions to Setback Requirements
Type of Building Feature, Structure, or Land Use	Zoning District	Maximum Encroachment Into Setback
a. Cornices, eaves and cantilevered building features which do not contain any floor area or extension of interior living space	All districts except NT	3 feet into any setback
b. Bay windows, window wells, oriels, vestibules, balconies and chimneys.	All districts except NT	4 feet into any setback or a required distance between buildings, provided the feature has a maximum width of 16 feet as measured horizontally along the wall from which the feature extends
c. Exterior stairways or ramps, above or below ground level	All non-residential districts except NT	4 feet into any setback, provided the feature has a maximum width of 16 feet as measured horizontally along the wall from which the feature extends
d. Exterior stairways or ramps, above or below ground level excluding those attached to a porch or deck (see e)	All residential districts except NT	10 feet into a front setback or a setback from a project boundary or different zoning district; 16 feet into a rear setback; 4 feet into a side setback or a required distance between buildings
e. Open and enclosed porches and decks, and the stairways or ramps attached thereto	All residential districts except NT	10 feet into a front or rear setback, a setback from a project boundary, a setback from a different zoning district, or a required distance between buildings
f. Walls, fences, pillars and gates which serve as entrance features for a lot, subdivision or development	All districts	Setback requirements do not apply, provided the entrance feature is no more than 8 feet high, and does not interfere with sight distance along public roads. If visible from a scenic road, the entrance feature shall be no more than 4 feet high and 12 feet long.
g. Flagpoles	All districts	Setback requirements do not apply
h. Pathways	All districts	Pathways are not subject to the use setback requirements from a public street right-of-way
i. Transmission lines	All non-residential districts	Setbacks from abutting residentially zoned properties may be reduced to 10 feet if the abutting property is an overhead or underground transmission line right-of-way that is 100 feet or more in width
j. Room extensions and building additions	R-ED lots and R-20 lots being developed under R-ED regulations which are recorded after May 13, 2012	10 feet into a rear setback, along not more than 60% of the rear face of a dwelling on a lot which adjoins open space along a majority of the rear lot line.
k. Accessory deer fences up to a maximum height of 8 feet, on farms as defined in these Regulations	All districts	Setback requirements do not apply
l. All features cited within the definition of "structure" as being exempt from setbacks	All districts	Setback requirements do not apply