CB11 2011 PGCC Conditional Use PDF

County Council of Howard County, Maryland
2001 Legislative Session Legislative day # 3
BILL NO. 11 - 2001 (ZRA 30)

Introduced by: Chairperson at the request of the County Executive
L .
AN ACT amendtng the Zoning Regulation3f Howard County to create a new floating zoning
'k
district SC
x tanned Senior ~ o r n m u n i 3 establishing
; conditions and an approval process
for use of the PSC district; comprehensively revising the provisions governing@pecial
~ x c e ~ t i ochanging
3, the title of Special Exceptions to conditional u s e 3 and generally
relating to the Zoning Regulations of Howard County.
Introduced and read for Be 6mt h e < , 2Mll. Or- poatcd md pubtic lheving mbeddluled.
&Mng bccn poste4 md nolics of h e and pbcc of Ulr he- and the UUF of Ule Bi lhrving been published according to Bs Counry Chmkr, Ulc Bii w a read
for r m d h e ~la public hwringon 14 , 2001.
Shsh M. T O W , Admhkmror lo Bs County Council
h k d wiB Uu: County Seal and prtrcnfed to BeCounty Exrsutiw for Jpprod dry ,2001 51 &f&ip.m.
Section 1. Be It Enacted by the Couiiiy Cbuncil of .HowardCounty, Maryland, that thefollowing
parts of the Zoning Regulations of Howard County be, and they are hereby, repealed:
I. Subsection A.21 "Continuing Care Facility", of Section 103 "Definitions";
2. Subsection A.67 "Housingfor Elderly ana7or Handicapped Persons': of Section 103
"Definitions";
3. Subsection A. 123 "Sheltered Housing'', of Section 103 "Definitions": and
4. Thefollowing subsections of Section 131 "Specid Exceptions":
a. N. 6 "Automobile Storage Facility";
b. N. 14 "Concert or Recital Establishment";
c. N. 14A "Continuing Care Facility";
d. N.18 "Electric Power or Steam Generating Plants";
e. N.23 "Flea Markets, Outdoor";
g. N.38 "Parking Facilities Adjacent to Historic Structures";

h. N.39 "Parking Lots - Commercial";
i. N.40 "Public School Building Uses";
j. N. 43 "Race Tracks (Animal or Motor Vehicle)";
k. N.44 "Recreational Vehicle or Tent Camps";
1. N. 46 "Rendering Plants";
m. N.47 "Research Laboratories"; and
n. N.56 "Taxidermy".
Section 2. And Be It Further Enacted by the County Council of Howard County, Maryland, that
newsections 103.4.2, 103.8.1, IO4.G. 105.G 107.H, 108.F. 109.G, I1O.F, III.F, 112.E, 113.G.
I14.1.F, 114.2.E 114.33, 115.B1.4, 115.E, 116.F, 118.E, 119& 120.F, 1214 122.E, 123.E.
126.1, and 127.1 be, and they are hereby, added to ihe Zoning Regulations of Howard County,
and that sections IOO.A, IOO.G2g, 103.9, 103.10,103.23, 103.21, 103.47, 103.59, 103.63,
103.95, 103.108, 103.115, 103.128, 104.B10, 104.F7 b andd, 105.B9, IO5F7 b andd 107.811,
108.B9, 109.B11, IIO.BI1, 111.B12, 112.B11, 113..85, 114.1.B9, 1142.B20, 114.3.840.
115.B23,27,10, and 45, 116.831, 117.B15, 118.B50, 119.B81, 120.B54, 121.B31, 122.B64,
123.B81, 12434, 124.C3, 125.C16, 126.Blm, 128.CI i a n d j , 128.C21, 128.06, 128.E-lg,
128.G2, 13O.B2(5), 130.B5, 131, 133.D2b, 133.07(6). and 134.B3, all ojthe Zoning
Regulations of Howard County, be, and they are hereby, repealed and reenacted with
amendments, all to read asfollows:
SECTION 100: GENERAL PROVISIONS
A. Construction and Effective Date
These regulations upon enactment shall be the sole Zoning Regulations of Howard
County. The provisions of these regulations are minimum requirements and shall be in
addition to any other requirements of law. Where higher standards are required by other
regulations, the higher standards shall apply unless the particular provision of these
regulations expressly provides otherwise.
However, the requirements of the Zoning Regulations, adopted August 2, 1985, with
respect to the bulk regulations shall apply to any lot described in a deed or on an approved
subdivision plat and recorded in the land records of Howard County no later than five days
after the enactment of these regulations, and unable to fulfill minimum requirements of
these regulations.
Any amendment or change to the Zoning Regulations, whether previously or hereafter
adopted, shall be applicable to all pending and future proceedings and actions of any
Board empowered to decide applications un'der these regulations, whether decided on
original application or remand From Court, unless the amendment or change expressly
provides that it only applies to future proceedings and actions. CASES
ARE CONSIDERED PENDING EASES UNTIL THE BOARD SIGNS THE
DECISION AND 9 R B 3ORDER EXCEPT THAT ANY CONDITIONAL USE
APPLICATION FILED ON OR BEFORE MARCH 5.200 1 SHALL BE SUBJECT TO
THE REGULATIONS IN EFFECT PRIOR TO THE EFFECTIVE DATE OF
COUNCIL BILL NO. 1 1-2001.
G. Amendments
2. Zoning M a p Amendments with Site Plan
If a petition for an amendment to the zoning district boundaries includes
documentation specifLing the proposed development and use of the property under
petition, the following provisions shall apply in addition to the requirements of the
Zoning Enabling Act and the Rules oFProcedure of the Zoning Board:
g. A site plan approved by the Zoning Board in accordance with this section
may include a use allowed by [[special exception]] CONDITIONAL USE
in the zoning district to which the property is rezoned. If this occurs, the
[[special exception use]] CONDITIONAL USE shall be permitted as a
matter of right. in accordance with the site plan approved by the Zoning
Board, and shall not require approval of a
CONDITIONAL USE by the Board of Appeals.
SECTION 103: DEFINITIONS

AGE-RESTRICTED ADULT HOUSING: A DEVELOPMENT THAT CONTAINS
DDEPENDENT DWELLING UNITS WITH FULL KITCHENS THAT IS DESIGNED
FOR AND RESTRICTED TO OCCUPANCY BY HOUSEHOLDS HAVING AT
LEAST ONE MEMBER WHO IS 55 YEARS OF AGE OR OLDER. CHILDREN LESS
THAN 18 YEARS OF AGE SHALL NOT RESIDE IN A DWELLING UNIT FOR
MORE THAN A TOTAL OF 90 DAYS PER CALENDAR YEAR. AGE-
RESTRICTED ADULT HOUSING MAY INCLUDE RELATED FACILITIES OR
SERVICES FOR THE RESIDENTS. SUCH AS SOCIAL. RECREATION OR
EDUCATIONAL FACILITIES AND HOUSEKEEPING, SECURITY,
TRANSPORTATION OR PERSONAL SERVICES.
ASSISTED LIVING FACILITY: A RESIDENTIAL CARE FACILITY THAT
PROVIDES HOUSING AND SUPPORTIVE SERVICES, SUPERVISION,
PERSONALIZED ASSISTANCE, HEALTH-RELATED SERVICES, OR A
COMBINATION OF THESE SERVICES TO AT LEAST NINE PERSONS WHO ARE
UNABLE TO PERFORM, OR WHO NEED ASSISTANCE IN PERFORMING, THE
ACTIVITIES OF DAILY LIVING, AND IS UNDER A LICENSE OR CERTIFICATE
ISSUED BY THE STATE OF M A R n A N D AS AN ASSISTED LIVING FACILITY.
Bed and Breakfast Inn: A [[dwelling]] HISTORIC BUILDING in which, for
compensation, sleeping accommodations are provided to transient guests in not more than
six guest rooms [[under the management of the occupants of the dwelling]]. A bed and
breakfast inn may include the provision of meals for overnight guests only.
Boardinv House: A building in which lodeinn is offered reither with or without meals to
more than 4 but fewer than 201 ONLY TO non-transient residents. WHO STAY NQ
LESS THAN 30 DAYS. TThis term does not include hotels. motels. countrv inns. bed
and breakfast inns or other establishments offering lodging to wests on a dailv. weeklv or
s E LODGING WITH OR
.
WITHOUT MEALS TO MORE THAN 4 BUT FEWER THAN 20 NON-TRANSIENT
RESIDENTS AND shall not be deemed a home occuoation.
23. Country Inn: [[A historic building(s) in which, for compensation, lodging and meals are
offered to transient guests on a daily, weekly, or similar short term basis; and which may
include related accessory uses such as:]] A HISTORIC BUILDING IN WHICH ONE OR
MORE OF THE FOLLOWING SERVICES IS OFFERED: LODGING FOR
TRANSIENT GUESTS ON A DAILY, WEEKLY OR SIMILAR SHORT TERM
BASIS; A STANDARD RESTAURANT AS DEFINED IN THESE REGULATIONS; A
BANQUET FACILITY OR CATERING SERVICE; OR MEETlNG ROOMS. A
COUNTRY INN MAY INCLUDE RELATED ACCESSORY USES SUCH AS:
Antique shop, gift shop. Christmas shop. book, candle, card and similar specialty
shops;
Bakery, provided such use is limited to the retail sale from the premises of goods
baked on the premises only;
Arts and crafts exhibits and sale of products;
Sale of packaged or canned food products special to the establishment;
Museums and cultural exhibits;
Public restaurant, banquet facility and catering service;
Restaurant for guests only;
Recreational uses for the sole use of overnight guests OR GUESTS ATTENDING
MEETINGS OR CATERED EVENTS AT THE INN;
[[i]] G . Any other uses similar to the foregoing and any use normally and customarily
incidental to a country inn.
For the purpose of this definition, no boarding house, fast food restaurant, dormitory,
fraternity or sorority house shall be considered a country inn.
24. Day Care Center, Child: [[An agency, institution or establishment for individuals under
the age of 16, that, for part of a 24 hour period, on a regular schedule, at least twice a
week, offers or provides group day care. programs, or activities, with or without charge,
5
to at least nine children who are not children of the day care center operator.]] AN
ESTABLISHMENT THAT OFFERS OR PROVIDES CHILD CARE TO AT LEAST
NINE CHILDREN ON A REGULAR SCHEDULE, AT LEAST TWICE A WEEK, FOR
PART OF A 24 HOUR PERIOD, UNDER A LICENSE OR REGISTRATION ISSUED
BY THE STATE OF MARYLAND FOR A CHILD CARE CENTER
Floating District: A district of undetermined location which may only be placed on the
zoning map upon petition of a property owner and not by government initiative. A
floating district may only be applied to a specific property if stated criteria are satisfied, a
finding of compatibility is made and a development plan is approved for the property. A
finding of mistake in the existing zoning or a substantial change in the character of the
neighborhood since the last comprehensive zoning is not required to apply a floating zone
to a property. In these Zoning Regulations, only the CC, BR, SW, PSC, and NT districts
are floating districts.
[[Group]] RESIDENTWL Care Facility: [[A group housing facility which provides
board, shelter, and personal services to at least nine persons who are 62 years of age or
over, andfor who have physical andor mental disabilities. Group care facilities include but
are not limited to group sheltered housing for the elderly and domiciliary care homes as
licensed or certified by the State of Maryland.]] A RESIDENTIAL FACILITY THAT
PROVIDES HOUSING AND SUPPORTIVE SERVICES TO AT LEAST NINE
PERSONS WHO ARE MEMBERS OF A POPULATION NEEDING THE SERVICES
PROVIDED DUE TO AGE OR EMOTIONAL, MENTAL, PHYSICAL, FAMILIAL OR
SOCIAL CONDITIONS. THIS TERM INCLUDES "ASSISTED LIVING
FACILITIES" AS DEFINED IN THESE REGULATIONS. RESIDENTIAL CARE
FACILITIES PROVIDE GROUP HOUSING IN WHICH CAPACITY IS MEASURED
IN TERMS OF THE NUMBER OF BEDS, RATHER THAN INDIVIDUAL
DWELLING UNITS EQUIPPED WITH LIVING, SLEEPING, AND FULL KITCHEN
FACILITIES.
Home Care: The keeping during part of a 24 hour period of not more than eight children
at one time or not more than three elderly or medically handicapped individuals at one
time in a residence. UNDER A LICENSE OR REGISTRATION ISSUED BY THE
STATE OF M
AR
YL
AN
.D
--
95. Nursing Home: Any facility for the treatment and care of two or more persons suffering
from illnesses, diseases, disabilities, or injuries not requiring the intensive care that is
normally provided by hospitals; but who do require medical, nursing, convalescent or
chronic care rendered by or under the supervision of a nurse. [[Such institutions may
include those for the treatment and care of mentally ill patients, alcoholics and drug
addicts.]]
108. Research AND DEVELOPMENT Laboratory: A structure or group of structures used
primarily for applied and developmental research, where product testing is an integral part
of the operation and goods or products may be manufactured as necessary for testing,
evaluation and test marketing.
115. Riding Stable and Academy: Any lot used primarily for the commercial hiring out of
horses or ponies or instruction in riding WHERE THREE OR MORE HORSES ARE
KEPT FOR THESE PURPOSES.
128. [[Special Exception]] CONDITIONAL Uses: Land uses and activities which require
approval by the Board of Appeals for a specific location and site plan, based upon
standards established in these Regulations. FORMERLY CALLED SPECIAL
EXCEPTIONS.
SECTION 104: RC DISTRICT

(RURAL CONSERVATION)
B. Uses Permitted as a Matter of Right
The following uses are permitted as a matter of right in the RC District, except that only
the uses listed in Section 104.F.7.b shall be permitted on the preserved area of cluster
subdivisions.
10. Underground pipelines; electric transmission and distribution lines; telephone,
telegraph and CATV lines; mobile transformer units; telephone equipment boxes;
and other, similar public utility uses not requiring a [[special exception]]
CONDITIONAL USE.
F. Cluster Subdivision Requirements
7. The following requirements and restrictions shall apply to the preserved area of a
cluster subdivision.
b. Only the following uses may be permitted as a matter of right on
preservation parcels:
(8) Underground pipelines; electric transmission and distribution lines;
telephone, telegraph and CATV lines; mobile transformer units;
telephone equipment boxes; and other, similar public utility uses not
requiring a [[special e:tception]] CONDITIONAL USE.
d. [[Special exception]] CONDITIONAL uses which do not require
construction of new structures or use of more than .25 acres of outdoor
area may be allowed on preservation parcels, provided the land area used is
not suitable for agriculture. In addition. the following [[special exception]]
CONDITIONAL uses which may require additional structures or land area
may be permitted on preservation parcels:
(1) Agribusiness, limited to the uses itemized in Section 13 I.N.I.
(2) Country clubs and golf courses
(3) Farm tenant houses on lots of at least 25 but less than 50 acres
(4) Riding academies and stables
[[Special exception]] CONDITIONAL uses shall not be allowed on
preservation parcels unless they support the primary purpose of the
preservation parcel and are approved by the Board of Appeals in
accordance with the applicable provisions of Sections 130 and 13 1 of these
Regulations.
CONDITIONAL USES
THE FOLLOWING ARE CONDITIONAL USES IN THE RC DISTRICT, SUBJECT
TO THE DETAILED REQUIREMENTS FOR CONDITIONAL USES GIVEN IN
SECTION 13 1. IF THERE IS A CONFLICT BETWEEN THIS SECTION AND
SECTION 131. SECTION 131 SHALL PREVAIL.
1. AGE-RESTRICTED ADULT HOUSING
2. AGRIBUSINESS
AIRCRAFT LANDING AND STORAGE AREAS (PRIVATE OWNERSHIP)
AMMAL HOSPITALS
ANTIQUE SHOPS, ART GALLERIES AND CRAFT SHOPS (COMMERCIAL)
ATHLETIC FACILITIES, OUTDOOR
BEAUTY PARLOWBARBER SHOP
BED AND BREAKFAST INNS
BOTTLING OF SPRlNG OR WELL WATER
CEMETERIES AND MAUSOLEUMS
CHARITABLE AND PHILANTHROPIC INSTITUTIONS
COMMUNICATION TOWERS OR ANTENNAS (COMMERCIAL)
COUNTRY CLUBS AND GOLF COURSES
COUNTRY INNS
PCHILD DAY CARE CENTERS AND NURSERY

SCHOOLS. DAY TREATMENT AND CARE FACILITIES
ENTRANCE FEATURES FOR SUBDIVISIONS - BUILDINGS
17 "
I , .
P
d, ill
"7
18 +B 12. FARM TENANT HOUSE

19 +9 18. FUNERAL HOMES AND MORTUARIES
20 28 19.HISTORIC BUILDING USES: APARTMENTS, BUSINESS AND
21 PROFESSIONAL OFFICES AND COMMUNITY MEETING HALLS
22 5 3 3.HOME-BASED CONTRACTORS
23 22 2. HOME OCCUPATIONS
24 23 22. KENNELS AND PET GROOMING ESTABLISHMENTS
25 24 23 LANDSCAPE CONTRACTORS AND RETAIL GREENHOUSES OR
26 NURSERIES
27 25 24. NONPROFIT CLUBS, LODGES, COMMUNITY HALLS AND CAMPS
28 26 2. NURSING HOMES AND RESIDENTIAL CARE FACILITIES
29 23 2. QUARRIES - ROCK, STONE. SAND, AND BORROW PITS
30 28 22. RELIGIOUS ACTIVITIES, STRUCTURES USED PRIMARILY FOR
24 2. RETREAT CENTER
38 29. RIDING ACADEMIES AND STABLES
3-f a.RUBBLE LANDFILL AND LAND CLEARING DEBRIS LANDFILL
FACILITIES
32 35. SAWMILLS AND MULCH MANUFACTURE
33 32. SCHOOL BUSES (PARKING AND STORAGE)
54 33. SCHOOLS, COLLEGES, UNIVERSITIES - PRIVATE (ACADEMIC)
3 5 34. SHOOTING RANGES - OUTDOOR RIFLE, PISTOL, SKEET AND TRAP
36 35. TWO-FAMILY DWELLINGS
33 36. UTILITY USES, PUBLIC
3+3 37. YARD WASTE COMPOSTMG FACILITY
SECTION 105: R R DISTRICT

(RURAL RESIDENTIAL)
Uses Permitted as a Matter of Right
The following uses are permitted as a matter of right in the RR District, except that only
the uses listed in Section 10S.F.7.b shall be permitted on the preserved area of a cluster
subdivision.
telegraph and CATV lines; mobile tr.ansformer units; telephone equipment boxes;
CONDITIONAL USE.
Cluster Subdivision Requirements
7. The following requirements and restrictions shall apply to the preserved area of a
cluster subdivision:
b. Only the following uses may be permitted as a matter of right on
preservation parcels:
(7) Underground pipelines; electric transmission and distribution lines;
telephone, telegraph and CATV lines; mobile transformer units;
telephone equipment boxes; and other similar public utility uses not
requiring a [[special e~ception]]CONDITIONAL USE.
d. [[Special exception]] CONDITIONAL uses which do not require
construction of new structures or use of more than .25 acres of outdoor
area may be allowed on preservation parcels. provided the land area used is
not suitable for agriculture. In addition, the following [[special exception]]
CONDITIONAL uses which may require additional structures or land area
may be permitted on preservation parcels:
(1) Country clubs and golf courses
(2) Farm tenant houses on lots of at least 25 but less than 50 acres
(3) Riding academies and stables
(4) Wineries
[[Special exception]] CONDITIONAL uses shall not be allowed on
preservation parcels unless they support the primary purpose of the
preservation parcel and are approved by the Board of Appeals in
accordance with the applicable provisions of Sections 130 and 13 1 of these
regulations.
G. CONDITIONAL USES
THE FOLLOWING ARE CONDITIONAL USES IN THE RR DISTRICT, SUBJECT
SECTION 131. IF THERE IS A CONFLICT BETWEEN THIS SECTION AND
SECTION 13 1, SECTION 131 SHALL PREVAIL.
2. AIRCRAFT LANDING AND STORAGE AREAS (PRIVATE OWNERSHIP)
3. ANIMAL HOSPITALS
4. ANTIQUE SHOPS, ART GALLERES AM)CRAFT SHOPS (COMMERCIAL)
5. ATHLETIC FACILITIES, OUTDOOR
6. BEAUTY PARLORBARBER SHOP
7. BED AND BREAKFAST INNS
8. BOTTLING OF SPRING OR WELL WATER
9. CEMETERIES AND MAUSOLEUMS
10. CHARITABLE AND PHILANTHROPIC INSTITUTIONS
11. COMMUNICATION TOWERS OR ANTENNAS (COMMERCIAL)
12. COUNTRY CLUBS AND GOLF COURSES
13. COUNTRYINNS
14.
15. ENTRANCE FEATURES FOR SUBDIVISIONS - BUILDINGS
I P n,-
V. 2
, L
+3 16.FARM TENANT HOUSE

l-8 u.FUNERAL HOMES AND MORTUARIES
-19 18. HISTORIC BUILDING USES: APARTMENTS, BUSINESS AND
PROFESSIONAL OFFICES AND COMMUNITY MEETING HALLS
£9 19. HOME-BASED CONTRACTORS
5 5 20. HOME OCCUPATIONS
22 2. KENNELS AND PET GROOMING ESTABLISHMENTS
23 2. LANDSCAPE CONTRACTORS AND RETAIL GREENHOUSES OR
NURSERIES
2.4 23. NONPROFIT CLUBS, LODGES, COMMUNITY HALLS AND CAMPS
2f 24. NURSING HOMES AND RESIDENTIAL CARE FACILITIES
£6 2. QUARRIES - ROCK, STONE, SAND, AND BORROW PITS
23 26. RELIGIOUS ACTIVITIES, STRUCTURES USED PRIMARILY FOR
29 2. RIDING ACADEMIES AND STAELES
38 3.RUBBLE LANDFILL AND LAND CLEARING DEBRIS LANDFILL
FACILITIES
3+ 2. SAWMILLS AND MULCH MANL'FACTURE
32 31. SCHOOL BUSES (PARKING AND STORAGE)
33 12. SCHOOLS, COLLEGES, UNIVERSITIES - PRIVATE (ACADEMIC)
34 x.SHOOTING RANGES - OUTDOOR RIFLE, PISTOL, SKEET AND TRAP
35 34. TWO-FAMILY DWELLINGS
36 E. UTILITIES USES, PUBLIC
33 36. YARD WASTE COMPOSTING FACILITY
SECTION 107: R-ED DISTRICT

(RESIDENTIAL: ENVIRONMENTAL DEVELOPMENT)
B. Uses Permitted as a Matter o f Right
CONDITIONAL USE.
H. CONDITIONAL USES
THE FOLLOWING ARE CONDITIONAL USES IN THE R-ED DISTRICT, SUBJECT
SECTION 13 1. SECTION 13 1 SHALL PREVAIL.
AGE-RESTRICTED ADULT HOUSING
CHARITABLE AND PHILANTHR.OPIC INSTITUTIONS
COUNTRY INNS
PCHlLD DAY CARE CENTERS AND NURSERY

FUNERAL HOMES AND MORTLARIES
HISTORIC BUILDING USES: APARTMENTS, BUSINESS AND
1 12. HOME OCCUPATIONS
2 13. NONPROFIT CLUBS, LODGES, C'OMMUNITY HALLS AND CAMPS
3 14. NURSING HOMES AND RESIDENTIAL CARE FACILITIES
4 15. RELIGIOUS ACTIVITIES, STRUCTURES USED PRIMARILY FOR
6 17. SCHOOLS. COLLEGES, UNIVERSITIES - PRIVATE (ACADEMIC)
7 18. UTILITY USES, PUBLIC
SECTION 108: R-20 DISTRICT

(RESIDENTIAL: SINGLE)
and other similar public utility uses not requiring a [[special exception]]
CONDITIONAL USE.
CONDITIONAL USES
THE FOLLOWING ARE CONDITIONAL USES IN THE R-20 DISTRICT, SUBJECT
SECTION 13 1. SECTION 13 1 SHALL PREVAIL.
2. ATHLETIC FACILITIES. OUTDOOR
3. BEAUTY PARLORBARBER SHOP
6. CHARITABLE AND PHILANTHROPIC INSTITUTIONS
8. COUNTRY CLUBS AND GOLF COURSES
9. COUNTRY INNS
FARM TENANT HOUSE
FUNERAL HOMES AND MORTUARIES
PROFESSIONAL OFFICES AND COMMUNITY MEETTNG HALLS
HOME OCCUPATIONS
KENNELS AND PET GROOMING ESTABLISHMENTS
NONPROFIT CLUBS, LODGES, COMMUNITY HACLS AND CAMPS
NURSING HOMES AND RESIDENTIAL CARE FACILITIES
RELIGIOUS ACTIVITIES, STRUCTURES USED PRIMARILY FOR
RETREAT CENTER
SCHOOL BUSES (PARKING AND STORAGE)
SCHOOLS, COLLEGES, UNIVERSITIES - PRIVATE (ACADEMIC)
TWO-FAMILY DWELLINGS AND ACCESSORY APARTMENTS
UTILITY USES, PUBLIC
SECTION 109: R-:l2 DISTRICT

(RESIDENTIAL,: SINGLE)
1 1. Underground pipelines; electric tranc;mission and distribution lines; telephone,
CONDITIONAL USE.
G. CONDITIONAL USES
THE FOLLOWING ARE CONDITIONAL USES IN THE R-12 DISTRICT, SUBJECT
ATHLETIC FACILITIES. OUTDO'OR
CHARITABLE AND PHILANTHROPIC INSTITUTIONS
COUNTRY INNS

PROFESSIONAL OFFICES AND COMMUNITY MEETING JMLLS
HOME OCCUPATIONS
SCHOOL BUSES (PARKING AND STORAGE)
TWO-FAMZLY DWELLINGS AND ACCESSORY APARTMENTS
SECTION 110: R-SC DISTRICT

(RESIDENTIAL: SINGLE CLUSTER)
11. Underground pipelines; electric transmission and distribution tines; telephone,
telegraph and CATV lines; mobile tr,ansfonner units; telephone equipment boxes;
CONDITIONAL USE.
F. CONDITIONAL USES
THE FOLLOWING ARE CONDITIONAL USES IN THE R-SC DISTRICT. SUBJECT
SECTION 131, SECTION 131 SHALL PREVAIL.
1. ACCESSORY APARTMENTS
4. BED AND BREAKFAST DWS
7. COUNTRY CLUBS AND GOLF C'OURSES
8. COUNTRY INNS
n n * . r "
9. U'., b

10. HISTORIC BUILDWG USES: APARTMENTS. BUSINESS AND
11. HOME OCCUPATIONS
12. NURSING HOMES AND RESIDENTIAL CARE FACILITIES
13. RELIGIOUS ACTIVITIES, STRUCTURES USED PRIMARILY FOR
14. SCHOOLS, COLLEGES, UNIVERSITIES - PRIVATE (ACADEMIC)
15. UTILITY USES. PUBLIC
SECTION 111: R-SA-8 DISTRICT

(RESIDENTIAL: SINGLE ATTACHED)
CONDITIONAL USE.
CONDITIONAL USES
THE FOLLOWING ARE CONDITIONAL USES IN THE R-SA-8 DISTRICT,
SUBJECT TO THE DETAILED REQUIREMENTS FOR CONDITIONAL USES
GIVEN IN SECTION 13 1. IF THERE IS A CONFLICT BETWEEN THIS SECTION
AND SECTION 131, SECTION 131 SHALL PREVAIL.
COUNTRY INNS

HOME OCCUPATIONS
UTILITY USES. PUBLIC
SECTION 112: R-A-15 DISTRICT

(RESIDENTIAL: APARTMENTS)
11. Underground pipelines; electric tranmission and distribution lines; telephone,
CONDITIONAL USE.
E. CONDITIONAL USES
THE FOLLOWING ARE CONDITIONAL USES IN THE R-A-15 DISTRICT,
SUBJECT TO THE DETAILED REQUIREMENTS FOR CONDITIONAL USES
GIVEN IN SECTION 131. IF THERE IS A CONFLICT BETWEEN THIS SECTION
AND SECTION 131. SECTION 13 I SHALL PREVAIL.
COUNTRY INNS

HISTORIC BUILDING USES: APARTMENTS. BUSINESS AND
HOME OCCUPATIONS
RELIGIOUS ACTIVITIES, STRUCTURES USED PRLMARILY FOR
UTILITY USE, PUBLIC
SECTION 113: R-MH DISTRICT
(RESIDENTIAL: MOBILE HOME)
5. Underground pipelines; electric tranlsmission and distribution lines; telephone
CONDITIONAL USE.
G. CONDITIONAL USES
THE FOLLOWTNG ARE CONDITIONAL USES IN THE R-MH DISTRICT,
SUBJECT TO THE DETAILED REQUlREMENTS FOR CONDITIONAL USES
GIVEN IN SECTION 13 1. IF THERE IS A CONFLICT BETWEEN THIS SECTION
AND SECTION 131, SECTION 131 SHALL PREVAIL.
5. COUNTRY INNS
6. HISTORIC BUILDING USES: APARTMENTS, BUSINESS AND
7. HOME OCCUPATIONS
11. UTILITY USES, PUBLIC
SECTION 114.1: R-VH DISTRICT

(RESIDENTIAL: VILLAGE HOUSING)
9. Underground pipelines; underground electric transmission and distribution lines;
underground telephone, telegraph and CATV lines; mobile transformer units;
telephone equipment boxes; and othe:rsimilar public utility uses not requiring a
[[special exception]] CONDITIONAL USE.
CONDITIONAL USES
THE FOLLOWING ARE CONDITIONAL USES IN THE R-VH DISTRICT, SUBJECT
TO THE DETAILED REQUIREMENTS FOR CONDITIONAL USES G I V M IN
SECTION 13 1, SECTION 13 1 SHALL PREVAZL.
3.
CHILD DAY CARE CENTERS AND NURSERY
4. HOME OCCUPATIONS
SECTION 114.2: HO DISTRICT

(HISTORIC OFFICE)
underground telephone, telegraph and CATV lines; mobile transformer units;
telephone equipment boxes; and other, similar public utility uses not requiring a
CONDITIONAL USES
THE FOLLOWING ARE CONDITIONAL USES IN THE HO DISTRICT, SUBJECT
SECTION 13 1, SECTION 13 1 SHALL PREVAIL.
2. COUNTRY INNS
3.
SECTION 114.3: HC DISTRICT

(HISTORIC COMMERCIAL)
underground telephone, telegraph and CATV lines; mobile transformers units;
telephone equipment boxes; and other similar public utility uses not requiring a
F. CONDITIONAL USES
THE FOLLOWING ARE CONDITIONAL USES IN THE HC DISTRICT, SUBJECT
TO THE DETAILED REQUIREMENTS FOR CONDITIONAL USES GWEN IN
SECTION 131. IF THERE IS A CON'FLICT BETWEEN THIS SECTION AND

SECTION 115: POR DISTRICT

(PLANNED OFFICE RESEARCH)
AGE-RESTRICTED ADULT HOUSING.
Housing for elderly andlor handicapped persons.]]
Nursing homes, AND RESIDENTIAL CARE FACILITIES, [[group care
facilities, children's homes and similar institutions,]] and their related and
supporting facilities.
Underground pipelines; electric transmission and distribution lines; telephone,
CONDITIONAL USE.
C. Accessory Uses
5. Retail and service businesses which are located within and primarily serve the
residents of a [[group housing facility or housing development for elderly andlor
handicapped persons]] NURSING HOME, RESIDENTIAL CARE FACILITY,
OR AGE-RESTRICTED ADULT HOUSING, provided such businesses do not
occupy more than two percent of the: total floor area of the building or buildings
within the development.
CONDITIONAL USES
THE FOLLOWING ARE CONDITIONAL USES IN THE POR DISTRICT, SUBJECT
2. COMMUNICATIONS TOWERS (COMMERCIAL)
3. HISTORIC BUILDING USES: APARTMENTS
SECTION 116: PEC DISTRICT

(PLANNED EMPLOYIMENT CENTER)
3 1. Underground pipelines; electric transmission and distribution lines; telephone,
CONDITIONAL USE.
CONDITIONAL USES
THE FOLLOU'ING ARE CONDITIONAL USES IN THE PEC DISTRICT, SUBJECT
SECTION 131, SECTION 13 1 SHALL PREVAIL.
1. COMMUNICATION TOWERS (COMMERCIAL)
2. GASOLINE SERVICE STATIONS
SECTION 117 - CC DISTRICT
23
(CONVENIENCE CENTER)
telegraph and CATV lines; mobile transformer units; telephone equipment boxes,
CONDITIONAL USE.
SECTION 118: B-1 DISTRICT

(BUSINESS: LOCAL)
CONDITIONAL USE.
CONDITIONAL USES
THE FOLLOWING ARE CONDITIONAL USES IN THE B-1 DISTRICT, SUBJ'ECT
i'iI
TO THE DETAILED REQUIREMENTS FOR CONDITIONAL USES GIVEN
SECTION 13 1. IF THERE IS A CONFLJCT BETWEEN THIS SECTION AND
3. FAST FOOD RESTAURANTS
5. KENNELS
SECTION 119: B-2 DISTRICT

(BUSINESS: GENERAL)
24
CONDITIONAL USE.
CONDITIONAL USES
THE FOLLOWING ARE CONDITIONAL USES IN THE B-2 DISTRICT, SUBJECT
TO THE DETALLED REQUIREMENTS FOR CONDITIONAL USES GIVEN IN
SECTION 131, SECTION 131 SHALL PREVAIL.
3. CONTRACTOR STORAGE FACILITY
4. GASOLINE, FUEL OIL AND LIQUIFIED PETROLEUM, BULK STORAGE
OF
6. HISTORIC BUILDING USES: APN1TMENTS
8. WRECKED VEHICLE STORAGE (TEMPORARY)
SECTION 120: SC DISTRICT

(SHOPPING CENTER)
CONDITIONAL USE.
CONDITIONAL USES
THE FOLLOWING ARE CONDITIONAL USES IN THE SC DISTRICT, SUBJECT
1 3. GASOLINE SERVICE STATIONS
2 4. UTILITY USES. PUBLIC
SECTION 121: BR DISTRICT

(BUSINESS: RURAL)
3 1. Underground pipelines; electric transmission and distribution lines and transformers;
telephone, telegraph and CATV lines; mobile transformer units; telephone equipment
boxes; and other similar public utility uses not requiring a [[special exception]]
CONDITIONAL USE.
CONDITIONAL USES
THE FOLLOWING ARE CONDITIONAL USES IN THE BR DISTRICT, SUBJECT TO
THE DETAILED REQUIREMENTS FOR CONDITIONAL USES GIVEN IN SECTION
13 1. IF THERE IS A CONFLICT BETWEEN THIS SECTION AND SECTION 131,
SECTION 13 1 SHALL PREVAIL.
2. KENNELS
SECTION 122: M-1 DISTRICT

(MANUFACTURING: LIGHT)
telegraph and CATV lines; mobile transformer units, telephone equipment boxes; and
other similar public utility uses not requiring a [[special exception]] CONDITIONAL
USE.
CONDITIONAL USES
THE FOLLOWING ARE CONDITIONAL lJSES IN THE M-1 DISTRICT, SUBJECTTO
131. IF THERE IS A CONFLICT BETWEEN THIS SECTION AND SECTION 131,
SECTION 131 SHALL PREVAIL.
1. AIRCRAFT LANDING AND STORAGE AREAS (PRIVATE OWNERSHJP)
3. FAST FOOD R E S T A W T S
4. GASOLINE, FUEL OIL AND LIQUIFIED PETROLEUM, BULK STORAGE OF
7. MOBILE HOMES FOR SECURITY PURPOSES
8. MOVIE THEATERS, LEGITIMATE THEATERS, DINNER THEATERS
9. QUARRIES - ROCK, STONE, SAND, AND BORROW PITS
10. RUBBLE LANDFILL AND LAND CLEARINGDEBRIS LANDFILL FACILITIES
11. USED MERCHANDISE, RETAIL SALE BY NON-PROFIT ORGANIZATIONS
13. YARD WASTE COMPOSTING FACILITY
SECTION 123: M-2 DISTRICT

(MANUFACTURING: HEAVY)
telegraph and CATV lines; mobile transformerunits; telephone equipment boxes; and
other similar public utility uses not requiring a [[special exception]] CONDITIONAL
USE.
CONDITIONAL USES
THEFOLLOWING ARE CONDITIONAL USES IN THE M-2 DISTRICT, SUBJECT TO
131. IF THERE IS A CONFLICT BETWEEN THIS SECTION AND SECTION 131,
SECTION 13 1 SHALL PREVAIL.
1. AIRCRAFT LANDING AND STORAGE AREAS (PRIVATE OWNERSHIP)
* Y 7 0
3. rLI C.
CHILD DAY CARE CENTERS AND NURSERY

27
EXPLOSIVES, STORAGE OF
FAST FOOD RESTAURANTS
GASES, MANUFACTURE, SALE, STORAGE AND DISTRIBUTION OF
ACETYLENE AND OTHER NON-TOXIC INDUSTRIAL
GASOLME, RIEL OIL AND LIQUIFZED PETROLEUM, BULK STORAGE OF
GASOLME SERVICE STATIONS
HISTORIC BUILDING USES: APARTMENTS
JUNK YARD
MOBILE HOMES FOR SECURITY PURPOSES
QUARRIES - ROCK, STONE, SAND, AND BORROW PITS
USED MERCHANDISE, RETAIL SALE BY NON-PROFIT ORGANIZATIONS
WRECKED VEHICLE STORAGE (TEMPORARY)
SECTION 124 - SW DISTRlCT

(SOLID WASTE OVERLAY)
telegraph and CATV lines; mobile transformer units; telephone equipment boxes; and
other, similar public utility uses not requiring a [[special exception]] CONDITIONAL
USE.
Uses Permitted as a Matter of Right if the Underlying District is M-I:
telegraph and CATV lines; mobile transformer units; telephone equipment boxes; and
other, similar public utility uses not requiring a [[special exception]] CONDITIONAL
USE.
26 SECTION 125 - NT DISTRICT

27 (NEW TOWN)
- 28 C. Comprehensive Sketch Plan and Final Development Plan
29 16. Ifthe Planning Board has denied a land use which was shown on a Final Development
28
Plan and which would be a [[special exception]] CONDITIONAL use in any other
zoning district, a petition for the same land use on the same parcel shall not be
accepted for consideration by the Planning Board for a period of 12 months from the
date of said denial except on grounds of new evidence or proof of changed conditions
found to be valid by the Planning Board.
SECTION 126: PGCC DISTRICT

(PLANNED GOLF COURSE COMMUNITY)
There shall be two subdistricts in the PGCC District: The PGCC-1 or Residential Subdistrict
and the PGCC-2 or Multi-use Subdistrict. Delineation of the subdistrict boundaries shall be
determined by the Zoning Board and shall be shown on the zoning map of Howard County.
1. The following uses shall be permitted as a matter of right in both the Residential
Subdistrict and in the Multi-use Subdistrict.
m. Underground pipelines; electric transmission and distribution lines; telephone,
telegraph and CATV lines; mobile transformer units; telephone equipment
boxes; and other, similar public utility uses not requiring a [[special
exception]] CONDITIONAL USE.
CONDITIONAL USES
THE FOLLOWING ARE CONDITIONAL USES IN THE PGCC DISTRICT, SUBJECT
SECTION 131. IF THERE IS A CONFLICT BETWEEN THIS SECTION AND SECTION
13 1, SECTION 13 1 SHALL PREVAIL.
2. HOME OCCUPATIONS
SECTION 127.1: PSC DISTRICT (PLANNED.SENIOR COMMUNITY)

PURPOSE
THE PLANNED SENIOR COMMUNITY DISTRICT IS ESTABLISHED TO PERMIT
THE DEVELOPMENT OF HOUSING DESIGNED FOR OLDER ADULTS AND
ELDERLY PERSONS. THIS FLOATING DISTRICT PROVIDES OPPORTUNITY FOR
HOUSING THAT MEETS THE DIVERSE NEEDS OF HOWARD COUNTY'S
GROWING SENIOR POPULATION. E.4CH PLANNED SENIOR COMMUNITY
DISTRICT WILL PROVIDE H%EkSF-
INDEPENDENT LIVING UNITS FOR SENIORS WITHIN EITHER SINGLE-FAMILY
OR MULTI-FAMILY DWELLINGS, AND P W S B F f MAY ALSO INCLUDE
ASSISTED LIVING OR NURSING CARE FACILITIES. THE COMMUNITIES
DEVELOPED WITHIN THE PSC DISTRICT WILL BE CHARACTERIZED BY
CAREFUZ, SITE PLANNING THAT ALLOWS THEM TO BE COMPATIBLE WITH
EASTERN HOWARD COUNTY'S RESIDENTIAL NEIGHBORHOODS.
REQUIREMENTS FOR PLANNED SENIOR COMMUNITY
THE PLANNED SENIOR COMMUNITY DISTRICT MAY BE ESTABLISHED AT A
PARTICULAR LOCATION IF THE FOLLOWING REQUIREMENTS ARE MET:
1. RESIDENTS OF THE DEVELOPMENT SHALL BE RESTRICTED TO
PERSONS 55 YEARS OF AGE OR OLDER OR TO HOUSEHOLDS HAVING AT
LEAST ONE INDIVIDUAL 55 YEARS OF AGE OR OLDER. CHILDREN LESS
THAN 18 YEARS OF AGE SHALL NOT RESIDE IN A DWELLING UNIT FOR
MORE THAN A TOTAL OF 90 DAYS PER CALENDAR YEAR. IF THE
DEVELOPMENT WILL NOT BE A RENTAL COMMUNITY UNDER SINGLE
OWNERSHIP, AN ENTITY SUCH AS A CONDOMINIUM ASSOCIATION OR
HOMEOWNERS ASSOCIATION WILL BE ESTABLISHED TO IMPLEMENT
AND MAINTAIN THE AGE RESTRICTIONS 6VEFHhE IN ADDITION TO
COUNTY ENFORCEMENT OF ZONING REGULATIONS.
2, AT THE PRELIMINARY DEVELOPMENT PLAN STAGE AND SUBSEOUENT

STAGE OF PLAN PROCESSING AND DEVELOPMENT. THE SITE SHALL BE
SERVED BY BOTH PUBLIC WATER AND PUBLIC SEWER.
3. THE SITE HAS DIRECT ACCESS TO A COLLECTOR OR ARTERIAL ROAD
DESIGNATED M THE GENERAL PLAN.
THE DEVELOPMENT SHALL CONTAIN AT LEAST 50 DWELLING
UNITS.
THE DEVELOPMENT SHALL CONTAIN AT LEAST TWO OF THE
FOLLOWING TYPES OF HOUSING: SINGLE-FAMILY DETACHED
DWELLINGS, SINGLE-FAMILY ATTACHED DWELLINGS, APARTMENTS,
ASSISTED LIVING FACILITIES, AND NURSING HOMES. AT LEAST ONE
OF THE HOUSING TYPES SHALL BE INDEPENDENT SINGLE-FAMILY OR
MULTI-FAMILY DWELLINGS.
OPEN SPACE SHALL CONSTITUTE AT LEAST 35% OF THE GROSS
ACREAGE OF THE PLANNED RETIREMENT COMMUNITY
THE COMMUNITY SHALL INCLUDE RECREATION AND COMMON AREAS
FOR RESIDENTS, INCLUDING AT LEAST PATHWAYS-
AND SEATING AREAS. ANJ3k-
fP,^.CE T : y
AT LEAST TEN PERCENT OF THE DWELLING UNITS SHALL BE

MODERATE INCOME HOUSING UNITS IN ACCORDANCE WITH
STANDARDS AND PROCEDURES ADOPTED BY THE COUNTY COUNCIL.
AT LEAST ONE ON-SITE COMMUNITY BUILDING OR INTERIOR
COMMUNITY SPACE SHALL BE PROVIDED THAT CONTAINS AMINIMUM
OF:
-
-
A. 20 SOUARE FEET OF FLOOR AREA PER DWELLING UNIT FOR
DEVELOPMENTS OF LESS THAN 100 DWELLING UNITS. OR
!L 10 SOUARE FEET OF FLOOR AREA PER DWELLING UNIT FOR
DEVELOPMENTS OF 100 OR MORE DWELLING UNITS
C. PERMITTED USES
2. ASSISTED LIVING FACILITIES
3. NURSING HOMES
D. ACCESSORY USES
1. SERVICES AND BUSINESSES THAT SERVE THE RESIDENTS OF THE PSC
DISTRICT, INCLUDING RECREATIONAL, EDUCATIONAL, HEALTH,
PERSONAL, PROFESSIONAL AND BUSINESS SERVICES AND RETAIL
STORES.
2. HOME OCCUPATIONS, SUBJECT TO THE REQUIREMENTS OF SECTION
128.C.1.
BULK REGULATIONS
1. MAXIMUM DENSITY . . . . . . . . . . . . 8 DWELLING UNITS PER NET ACRE
ASSISTED LIVING AND NURSING HOME BEDS SHALL BE INCLUDED IN
DENSITY CALCULATIONS. ONE BED EQUALS 0.25 DWELLING UNITS.
2. MTNIMUM STRUCTURE AND USE SETBACKS FROM PERIMETER OF THE
PSC DISTRICT:
A. FROM ARTENAL OR COLLECTOR PUBLIC STREET
RIGHT-OF-WAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 FEET
B. FROM OTHER STREET RIGHT-OF-WAY . . . . . . . . . . . . . . 30 FEET
C. FROM RC, RR, R-ED, R-20, R-12 OR R-SC DISTRICTS . . . 50 FEET
EXCEPT STRUCTURES CONTAINING APARTMENTS,
ASSISTED LIVING FACILITIES OR NURSING FACILITIES 75 FEET
D. FROM ZONING DISTRICTS OTHER THAN RC, RR, R-ED, R-20,
R-12 OR R-SC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 FEET
3. MAXIMUM HEIGHT SHALL NOT EXCEED:
-
A. APARTMENTS ................................... 60 FEET
-
B. OTHER PRINCIPAL STRUCTURES . . . . . . . . . . . . . . . . . . . 34 FEET
ACCESSORY STRUCTURES . . . . . . . . . . . . . . . . . . . . . . . . . 15 FEET
34. REQUIREMENTS REGARDING LOT SIZES, SETBACKS, DISTANCES
BETWEEN STRUCTURES NOT LOCATED ON INDIVIDUAL LOTS,
BUILDINGHEIGHTS AND ALL OTHERBULK REGULATIONS FORTHE PSC
DISTRICT NOT ESTABLISHED IN THIS SECTION SHALLBEESTABLISHED
BY THE PLANNING BOARD THROUGH APPROVAL OF A
COMPREHENSIVE SKETCH PLAN AND DEVELOPMENT CRITERJA, IN
ADDITION TO ANY REQUIREMENTS IMPOSED BY THE ZONING BOARD
IN THE PRELIMINARY DEVELOPMENT PLAN AND PRELIMINARY
DEVELOPMENT CRITERIA.
45. THE PROVISIONS OF SECTION 128 (SUPPLEMENTARYZONTNG DISTRICT
REGULATIONS) AND SECTION 133 (OFF STREET PARKING AND LOADING
FACILITIES) SHALL APPLY IN THE PSC DISTRICT UNLESS DIFFERENT
REQUIREMENTS ARE SPECIFICALLY APPROVED IN THE
COMPREHENSIVE SKETCH PLAN AND DEVELOPMENT CRITERIA.
F. PETITION REQUIREMENTS
A PETITION FOR DESIGNATION OF A PSC DISTRICT SHALL
INCLUDE THE FOLLOWING:
1. ABOUNDARY SURVEY OF THE PROPERTY COVERED BY THE PETITION.
2. A PRELIMINARY DEVELOPMENT PLAN AND PRELIMMARY
DEVELOPMENT CRITERIA FOR THE PROPERTY SHOWING THE
FOLLOWING:
EXISTING TOPOGRAPHY, 100-YEAR FLOODPLAIN AREAS,
WETLANDS, FORESTS AND OTHER SIGNIFICANT VEGETATION.
THE AVAILABILITY AND ADEQUACY OF UTILITIES.
THE LOCATION OF PROPOSED POINTS OF ACCESS TO THE SITE.
EXISTING DEVELOPMENT WITHIN 200 FEET OF THE SITE.
PROPOSED DEVELOPMENT OF THE SITE, INCLUDING THE
GENERAL LOCATION OF BUILDINGS, PARKING AREAS, OPEN
SPACE, RECREATION AREAS, PATHWAYS, COMMUNITY
BUILDINGS AND OTHER ACCESSORY USES.
PROPOSED VEHICULAR AND PEDESTRIAN CIRCULATION
PATTERN.
PRELIMINARY DEVELOPMENT CRITERIA THAT ESTABLISH THE
MAXIMUM DENSITY BASED ON THE NET ACREAGE OF THE PSC
DISTRICT AND THE MAXIMUM NUMBER AND TYPES OF
DWELLING UNITS AND/OR BEDS FOR EACH HOUSING TYPE.
A GENERALIZED LANDSCAPING
PLAN WHICH
33
INDICATES PROPOSED LANDSCAPE BUFFER TYPES, EXISTING
VEGETATION, T O P O G W H Y AND OTHERBUFFERINGFEATURES
ALONG THE PERIMETERS OF THE SITE ADJACENT TO OTHER
RESIDENTIALLY-ZONED LAND.
I. PROPOSED NUMBER OF PARKING SPACES FOR RESIDENTS AND
VISITORS.
J. A PHASING PLAN IF THE DEVELOPMENT IS TO BE BUILT IN
PHASES.
3. PDESIGN ANALYSIS TO DEMONSTRATE THE
RELATIONSHIP OF THE DEVELOPMENT TO SURROUNDINGLAND USES,
CROSS SECTIONS, RENDERINGS OR ELEVATION DRAWINGS SHOWING
THE SCALE AND CHARACTER OF DEVELOPMENT.
4. PROPOSED COVENANTS AND OTHER LEGAL MEANS OF ENFORCING
THE AGE RESTRICTIONS AND ENSURINGTHE ONGOINGMAINTENANCE
OF OPEN SPACE, RECREATION FACILITIES AND COMMON AREAS.
5. DESCRIPTIONS OF THE DESIGN FEATURES AND GENERAL SIZE AND
LAYOUT OF THE PROPOSED DWELLINGS TO DEMONSTRATE T H E R
APPROPRIATENESS FOR THE AGE-RESTRICTED POPULATION. THE
MATERIAL SUBMITTED MUST INDICATE HOW THE USE OF UNIVERSAL
DESIGN FEATURES WILL MAKE INDIVIDUAL DWELLING UNITS
ADAPTABLE TO PERSONS WITH MOBILITY OR FUNCTIONAL
LIMITATIONS AND HOW THE DESIGN WILL PROVIDE ACCESSIBLE
ROUTES BETWEEN PARKING AREAS, SIDEWALKS, DWELLING UNITS
AND COMMON AREAS.
STANDARDS FOR APPROVAL O F A PETITION
THE ZONING BOARD MAY GRANT A PETITION FOR A PSC DISTRICT BASED
UPON FINDINGS THAT:
1. THE PROPOSED DISTRICT WILL ACCOMPLISH THE PURPOSES OF THE
PSC DISTRICT.
2. THE SITE MEETS THE REQUIREMENT OF SECTION 127.1.B.
3. SAFE PUBLIC ROAD ACCESS IS AVAILABLE TO AND FROM THE SITE.
THIS INCLUDES A DETERMINATION THAT ROADS SERVING THE
PROPOSED DEVELOPMENT HAVE THE CAPACITY TO HANDLE THE
INCREASED USE WHICH IS LIKELY TO RESULT FROM THE VOLUME AND
DENSITY OF THE PROPOSED DEVELOPMENT AS WELL AS
DEVELOPMENT ON SURROUNDING PROPERTIES. THE WIDTH.
CURVATURE. SIGHT DISTANCE. AND GENERAL CONDITIONS OF
SURROUNDING ROADS SHALL BE CONSIDERED IN MAJCING THIS
FINDING.
nv
"I
+-
PROPOSED BUILDINGS ARE COMPATIBLE WITH RESIDENTIAL
DEVELOPMENT IN THE VICINITY BASED ON THE SCALE AND
CHARACTER OF NEW BUILDINGS OR THROUGH SETBACKS AND
LANDSCAPING.
SUFFICIENT AREA IS SET ASIDE AS OPEN SPACE TO PROVIDE GREEN
AREA AND RECREATIONAL AMENITIES FOR THE RESIDENTS AND
TRANSITION AREAS AND BUFFERING FOR ADJACENT
NEIGHBORHOODS.
SUITABLE COMMON AREAS AND AMEMTIES ARE PROVIDED FOR
RESIDENTS, INCLUDING PATHWAYS, SEATING AREAS, AND AN
ADEQUATELY SUED COMMUNITY BUILDING OR INTERIOR SPACE.
BUSINESS USES WHICH ARE PERMITTED AS ACCESSORY USES WILLBE
SUED FOR USE SOLELY BY RESIDENTS OF THE PSC DISTRICT. SUCH
USES ARE INTEGRATED WITH THE DWELLING UNITS AND ORIENTED
TOWARDS THE INTERIOR OF THE PROJECT. NO SIGNS OR OTHER
EVIDENCE OF BUSINESS FACILITIES WILL BE VISIBLE FROM THE
PERIPHERY OF THE ZONING DISTRICT
FOR A DEVELOPMENT THAT WILL BE BUILT IN PHASES, OPEN SPACE
AREAS WILL BE PROVIDED IN EACH PHASE TO MEET THE NEEDS OF
35
THE RESIDENTS UNLESS OTHERWISE PROVIDED IN ANEARLIERPHASE.
9. THE DEVELOPMENT AND PROPOSED DWELLINGS ARE DESIGNED FOR
OLDER ADULTS AND INCORPORATEIPBPRBPWltTEUNIVERSALDESIGN
FEATURES. EXTERIOR SITE IMPROVEMENTS AND INDIVIDUAL
DWELLINGS WILL BE ACCESSIBLE TO AND ADAPTABLE FOR
RESIDENTS WITH MOBILITY AND FUNCTIONAL LIMITATIONS.
10. THE DEVELOPMENT WILL BE SUBJECT TO COVENANTS OR OTHER
LEGAL RESTRICTIONS ENFORCING THE AGE RESTRICTIONS REQUIRED
FOR THIS ZONING DISTRICT. '
I
T
:
- EL'LT h%kBE
-THE -
LEGAL ENTITY THAT WILL IMPLEMENT AND MAINTAIN THE AGE
RESTRICTIONS. AS WELL THE OPEN SPACE AND COMMON FACILITIES.
IS CLEARLY IDENTIFIED. THE LEGAL ENTITY SHALL BE ABLE TO
PROVIDE EFFECTIVE ENFORCEMENT TO SUPPLEMENT COUNTY
ENFORCEMENT OF ZONING REGULATIONS.
-
11. THE LOCATION OF THE PROPOSED SITE IS IN CONFORMITY WITH THE
GENERAL PLAN.
RECOMMENDATION OF PLANNING BOARD
THE PLANNING BOARD SHALL HOLD A PUBLIC MEETING ON THE PETITION
AND MAKE A RECOMMENDATION TO THE ZONING BOARD, BASED ON THE
"STANDARDS FOR APPROVAL OF A PETITION" GIVEN IN SECTION 127.1.G.
DECISION BY THE ZONING BOARD
1. THE ZONING BOARD SHALL HOLD A PUBLIC HEARING ON THE
PETITION AND MAY APPROVE, APPROVE WITH MODIFICATIONS OR
DENY THE PRELIMINARY DEVELOPMENT PLAN AND CRITERJA,
STATING THE REASONS FOR ITS DECISION. THE ZONING BOARD'S
DECISION SHALL BE BASED ON THE "STANDARDS FOR APPROVAL"
GIVEN IN SECTION 127.1.G.
2. IF THE PETITION IS APPROVED A REPRODUCIBLE COPY OF THE
PRELIMINARY DEVELOPMENT PLAN AND CRITERIA INCLUDING ALL
TEXT MATERIAL. SHALL BE PROVIDED BY THE PETITIONER AND
CERTIFIED AS APPROVED BY THE ZONING BOARD. A VERIFIED COPY
OF THE SAME SHALL BE FORWARDED TO THE DEPARTMENT OF
PLANNING AND ZONING AND THE PETITIONER.
J. AMENDMENTS TO PRELIMINARY DEVELOPMENT PLAN AND CRITERIA
1. A PETITION TO AMEND EITHER A PRELIMINARY DEVELOPMENT PLAN
OR THE PRELIMINARY DEVELOPMENT CRITERIA WHICH GOVERN THE
RESIDENTIAL DENSITY, HOUSING TYPES, AND THE PHASING OF
DEVELOPMENT, MAY BE SUBMITTED BY THE DEVELOPER.
2. THE PETITION SHALL BE REVIEWED IN ACCORDANCE WITH THE
PROCEDURES ESTABLISHED IN SECTION 127.1. H. AND I. THEPETITION
MAY BE APPROVED IF THE ZONING BOARD DETERMINES THAT THE
PLANNED SENIOR COMMUNITY, WITH THE PROPOSED AMENDMENTS,
WILL SATISFY THE STANDARDS GIVEN IN SECTION 127.1.G.
K. COMPREHENSIVE SKETCH PLAN AND DEVELOPMENT CRITERIA
1 A COMPREHENSIVE SKETCH PLAN SHALL ENCOMPASS THE ENTIRE
AREA SHOWN ON THE PRELIMINARY DEVELOPMENT PLAN. THE
COMPREHENSIVE SKETCH PLAN AND DEVELOPMENT CRITERIA SHALL
CONSIST OF A PLAN OR S E W S OF PLANS AT AN APPROPRIATE SCALE,
AS WELL AS TEXT AND DRAWINGS. SETTING FORTH:
THE ENVIRONMENTAL AND LANDSCAPE FEATURES OF THE SITE
AND IMMEDIATE ENVIRONS, INCLUDING TOPOGRAPHY, STEEP
SLOPES, FORESTS, STREAMS, FLOODPLAINS. WETLANDS,
HISTORIC SITES, CEM.ETERIES, AND OTHER FEATURES.
IMMEDIATE ENVIRONS SHALL MEAN A DISTANCE OF AT LEAST
200 FEET FROM THE BOUNDARY OF THE PLANNED SENIOR
COMMUNITY.
THE BOUNDARES AND ACREAGE OF EACH HOUSING TYPE.
THE LOCATION AND USE OF ALL OPEN SPACE LAND, INCLUDING
37
THE LOCATION OF ANY COMMUNITY SPACE, PATHS, OUTDOOR
SEATING AND ANY RECREATIONAL FACILITIES AND OTHER
PUBLIC USES.
THE LOCATION OF EXISTING AND PROPOSED PUBLIC ROADS,
STORMWATER MANAGEMENT AND UTILITIES.
DEVELOPMENT CRITERIA FOR EACH TYPE OF HOUSING AND
COMMON AREAS. THE DEVELOPMENT CRITERIA SHALL
INCLUDE THE PRELIMINARY DEVELOPMENT CRITERIA
APPROVED BY THE ZONING BOARD AND THE FOLLOWlNG
ADDITIONS:
(1) BULK REGULATIOYS SPECIFYING LOT SIZES, SETBACKS,
DISTANCES BETWEEN BUILDINGS NOT ON INDIVIDUAL
LOTS, STRUCTURE HEIGHT, AND OTHER BULK
REQUIREMENTS; AND
(2) LANDSCAPING AND PARKING STANDARDS.
2. DECISION BY THE PLANNING BOARD
PLANNINGBOARD APPROVAL OF THE COMPREHENSIVE SKETCH
PLAN AND DEVELOPMENT CRITERIA SHALL BE REQUIRED.
BEFORE ACTING UPON THE COMPREHENSIVE SKETCHPLAN AND
DEVELOPMENT CRITERIA, THE PLANNING BOARD SHALL
RECEIVE COMMENTS FROM THE DEPARTMENT OF PLANNING
AND ZONING AND THE SUBDIVISION REVIEW COMMITTEE AND
SHALL HOLD A PUBLIC FEARING.
THE PLANNING BOARD MAY APPROVE, APPROVE WITH
MODDFICATIONS OR DISAPPROVE THE COMPREHENSIVE SKETCH
PLAN AND DEVELOPMENT CRITERIA, STATING THE REASONS
FOR ITS ACTION. THE PLANNING BOARD'S DECISION SHALL BE
BASED ON THE STANDARDS FOR APPROVAL IN SECTION
127.1.K.3.
THE PLANNING BOARD MAY, AT THE TIME OF APPROVAL OF THE
38
COMPREHENSIVE SKETCH PLAN, REQUIRE THE SUBSEQUENT
APPROVAL BY IT OF A SITE DEVELOPMENT PLAN, FOR ANY
PORTION OF THE DEVELOPMENT OR CATEGORY OF LAND USE.
D. IF THE PLAN IS APPROVED, THE PETITIONER SHALL PROVIDE A
REPRODUCIBLE COPY OF THE APPROVED COMPREHENSIVE
SKETCHPLAN AND, ON A SEPARATE SHEET, THE DEVELOPMENT
CRITERIA. THE PLAN AND CRITERIA SHALL BE CERTIFIED AS
APPROVED BY THE PLANNING BOARD.
E. APPROVAL OF THE COMPREHENSIVE SKETCH PLAN AND
DEVELOPMENT CRITERIA SHALL BIND THE LANDS COVERED
WITH THE FULL FORCE AND EFFECT OF SPECIFIC ZONING
REGULATIONS.
3. STANDARDS FOR APPROVAL O F COMPREHENSIVE SKETCH PLAN
AND DEVELOPMENT CRITERIA
THE PLANNINGBOARD SHALL APPROVE THE COMPREHENSIVESKETCH
PLAN IF IT CONCLUDES THAT THE PLAN, SUBJECT TO ANY
MODIFICATIONS REQUIRED BY THE BOARD, WILL SATISFY THE
FOLLOWING CRITERIA:
A. THE COMPREHENSIVE SKETCH PLAN AND DEVELOPMENT
CRITERIAARE CONSISTENT WITHTHE APPROVED PRELIMINARY
DEVELOPMENT PLAN AND PRELIMINARY DEVELOPMENT
CRITERIA.
B. THE PHASING OF DEVELOPMENT IS CONSISTENT WITH THE
PHASING SCHEDULE INDICATED IN THE PRELIMINARY
DEVELOPMENT PLAN
C. THE COMPREHENSIVE SKETCH PLAN AND DEVELOPMENT
CRITERIA SPECIFY HOW THE STANDARDS IN SECTION 127.1.G
WILL BE MET.
4. ADDITIONS AND AMENDMENTS T O COMPREHENSIVE SKETCH PLAN
A. THE DEVELOPER OF A PLANNED SENIOR COMMUNITY MAY
1 PROPOSE REVISIONS TO A PREVIOUSLY APPROVED
2 COMPREHENSIVE SKETCH PLAN, PROVIDED THAT THE ENTIRE
3 COMPREHENSIVE SKETCH PLAN, REVISIONS, IS
4 SUBMITTED FOR REVIEW.
5 B. ANY PROPOSED ADDITION OR AMENDMENT TO THE
6 COMPREHENSIVE SKETCH PLAN OR DEVELOPMENT CRITERIA
7 SHALL BE REVIEWED IN ACCORDANCE WITH THIS SECTION.
8 L. SITE DEVELOPMENT PLAN
9 1. APPROVAL BY THE PLANNING BOARD
10 A. PLANNINGBOARD APPROVAL OF A SITE DEVELOPMENT PLAN IS
11 REQUIRED IF THE PLANNMG BOARD HAS RESERVED THAT
12 AUTHORITY FOR ITSELF WHEN APPROVING THE
13 COMPREHENSIVE SKETCH PLAN.
14 B. THE PLANNING BOARD SHALL CONSIDER A PROPOSED SITE
15 DEVELOPMENT PLAN AT A PUBLIC MEETING.
16 2. STANDARDS FOR APPROVAL OF SITE DEVELOPMENT PLAN
17 THE PLANNING BOARD SHALL APPROVE A SITE DEVELOPMENT PLAN
18 IF IT FINDS THAT THE PLAN:
19 A. IS CONSISTENT WITH THE APPROVED PRELIMINARY
20 DEVELOPMENT PLAN, COMPREHENSIVE SKETCH PLAN AND
21 DEVELOPMENT CRITERIA;
22 B. SATISFIES THE REQUIREMENTS OF SECTION 127.K.3.
23 C. MAKES EFFECTIVE USE OF LANDSCAF'INGTO PROVIDE BUFFERS
24 WHERE NEEDED AND TO ENHANCE THE SITE DESIGN.
25 3. MINOR ADDITIONS AND MODIFICATIONS
26 MINOR ADDITIONS AND MODIFICATIONS TO SITE DEVELOPMENT
27 PLANS PREVIOUSLY APPROVED BY THE PLANNINGBOARD THATMEET
28 THE CRITERIA BELOW SHALL NOT REQUIRE PLANNMG BOARD
29 APPROVAL. ALSO, MINOR NEW PROJECTS WHICH HAVE BEEN
-
-. 30 GRANTED A WAIVER OF THE SITE DEVELOPMENT PLAN REQUIREMENT
BY THE DIRECTOR OF PLANNING AND ZONING DO NOT NEED
PLANNING BOARD APPROVAL. HOWEVER, ALL CHANGES OF USE
INVOLVINGEXTERIOR SITE ALTERATIONS REQUIRE PLANNINGBOARD
APPROVAL.
MINOR PROJECTS NOT REQUIRE PLANNING BOARD APPROVAL:
MINOR ADDITIONS TO STRUCTURES, WITH A FLOOR AREA NO
LARGER THAN I0 PERCENT OF THE EXISTING FLOOR AREA OF
THE MAIN FLOOR, NOT TO EXCEED 5,000 SQUARE FEET.
MINOR NEW ACCESSORY STRUCTURES IF THE LOCATION DOES
NOT INTERFERE WITH THE SITE LAYOUT (E.G. CIRCULATION,
PARKING, LOADING. STORMWATER MANAGEMENT FACILITIES,
OPEN SPACE, LANDSCAFTNG OR BUFFERING).
MINOR ADDITIONS TO PARKING LOTS COMPRISING NO MORE
THAN 25 PERCENT OF THE ORIGINAL NUMBER OF PARKING
SPACES REQUIRED, NOT TO EXCEED 25 SPACES.
CLEARING OR GRADING THAT DOES NOT EXCEED 5,000 SQUARE
FEET IN AREA.
H t W S F W E HOUSE MODEL REVISIONS TO APPROVED SITE
DEVELOPMENT PLANS FOR SINGLE-FAMILY DETACHED
DEVELOPMENTS AND FOR NO MORE THAN 25 PERCENT 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.
4. ADJUSTMENTS TO BULK REQUIREMENTS
THE PLANNING BOARD MAY APPROVE PARKING OR BULK
REQUIREMENTS FOR A PARTICULAR LOT OR PARCEL WHICH DIFFER
FROM THOSE REQUIRED BY THE APPLICABLE DEVELOPMENT CRITERIA
IN ACCORDANCE WITH THE FOLLOWING PROCEDURES:
THE PLANNING BOARD SHALL HOLD APUBLIC MEETING ON THE
PROPOSED SITE DEVELOPMENT PLAN.
IF NO SITE DEVELOPMENT PLAN IS REQUIRED, AN ACCURATE
PLOT PLAN DRAWN TO SCALE SHALL BE SUBMITTED FOR
PLANNINGBOARD REVIEW AT THE PUBLIC MEETING. THE PLAN
SHALL CLEARLY INDICATE THE REQUIREMENT FROM WHICH
RELIEF IS SOUGHT AND THE REQUESTED RELIEF.
THE PROPOSED ADJUSTMENT SHALL BE GRANTED IF THE
PLANNING BOARD FINDS THAT:
(1) THE ADJUSTMENT IS IN HARMONY WIT3 THE PURPOSE OF
THE PSC DISTRICT;
(2) THE ADJUSTMENT WILL NOT ALTER THE ESSENTIAL
CHARACTER OF THE NEIGHBORHOOD OR DISTRICT IN
WHICH THE LOT IS LOCATED; WILL NOT IMPAIR THE
APPROPRIATE USE OR DEVELOPMENT OF ADJACENT
PROPERTY; AND WILL NOT BE DETRIMENTAL TO THE
PUBLIC WELFARE; AND
(3) THE ADJUSTMENT EITHER:
(I) IS NEEDED DUE TO PRACTICAL DIFFICULTIES OR
UNNECESSARY HARDSHIPS WHICH ARISE IN
COMPLYING STRICTLY WITH THE DEVELOPMENT
CRITERIA; OR
(11) RESULTS IN BETTER DESIGN THAN WOULD BE
ALLOWED BY STRICT COMPLIANCE WITH THE
DEVELOPMENT CRITERIA.
THE PLANNING BOARD SHALL APPROVE, APPROVE WITH
CONDITIONS. ORDENY THE REQUESTED ADJUSTMENT, STATING
THE REASONS FOR ITS ACTIONS.
M. APPEAL OF PLANNING BOARD DECISION
APPEALS FROM DECISIONS OF THE PLANNING BOARD SHALL BE MADE TO
1 THE BOARD OF APPEALS IN ACCORDANCE WITH SECTION 16.900(5)(2) OF THE
2 HOWARD COUNTY CODE.
SECTION 128 - SUPPLEMENTARY ZONING DISTRICT REGULATIONS

Home Businesses
1. 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 NT,
PGCC and MXD 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 site.
i. The following uses are not permitted as home occupations:
(1) Vehicle repair, sales or rental.
(2) Restaurants.
(3) Manufacturing and processing operations, other than production of
handcrafts and similar activities.
(4) Furniture refinishing.
(5) Uses which require a [[special exception]] CONDITIONAL USE in
any residential zoning district.
j. Certain home occupations which do not comply with the requirements ofthis
section may be permitted as [[special exceptions]] CONDITIONAL USES,
subject to the provisionsofSection 13 1.N.28 andotherapplicableregulations.
2. Home-Based Contractors
In the RC and RR Districts, and on lots larger than one acre in the R-ED, R-20, R-12
and R-SC Districts. a home-based contractor shall be a permitted accessory use,
provided that:
1. Certain home-based contractors which do not comply with the requirements
of this section may be permitted as [[special exceptions]] CONDITIONAL
USES, subject to the provisions of Section 131.N.27 and other applicable
regulations.
Temporary and Seasonal Uses
6. Acceptance of Off-site Land Clearing Debris
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:
a. The disposal of land clearing debris shall be for the purpose of farmland
reclamation only;
b. 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;
c. Any temporary use permit issued by the Department of Planning and Zoning
shall be for a specific period of time;
d. 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 ofplanning 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 [[special exception]]
CONDITIONAL USE approval.
Communication Towers and Antennas
4. Commercial Communications Antennas Attached to Structures
In the RC, RR R-ED. R-20, R-12. R-SC, R-SA-8, R-A-15, R-MH, 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:
g. Antennas or equipment buildings not meeting these standards require a
[[special exception]] CONDITIONAL USE in the RC. R R R-ED, R-20, R-
12, R-SC, R-SA-8, R-A-15, R-MH and PGCC Districts pursuant to Section
13 1.N. 13A. In the NT and MXD Districts, the use must be approved on a
Comprehensive Sketch Plan or Final Development Plan, as applicable.
Traditional Residential Neighborhoods
The following regulations may be applied to developments of at least 20 acres in the R-ED,
R-SC, R-SA-8 and R-A-15. and R-MH Districts which are Traditional Residential
Neighborhoods as defined in Section 103.A.136.
2. Permitted Uses
Uses permitted as a matter of right, accessory uses, and [[special exception]]
CONDITIONAL uses 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:
a. 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 Horne) District.
b. The accessory apartment shall have no more than two bedrooms.
SECTION 130 - BOARD O F APPEALS

Powers of the Board of Appeals
The Board of Appeals shall have the following powers related to zoning:
2. Variances
a. The Board of Appeals shall have the authority to grant variances from the
parking requirements and bulk regulations established in these regulations
where all of the following determinations are made:
(5) That no variance be granted to the minimum criteria established in
Section 131 for [[special exception]] CONDITIONAL uses, except
where specifically provided therein or in an historic district. Nothing
herein shall be construed to prevent the granting of variances in any
zoning district other than to the minimum criteria established in
Section 131 except as provided therein.
5. CONDITIONAL USES
To approve [[special exceptions]] CONDITIONAL USES as to location as provided
in Section 13 1.
Section 131: [[Special Exceptions]] CONDITIONAL USES
Statement of Legislative Intent
[[In order to accomplish the general purposes of these regulations, certain uses need special
consideration. They require special regulations to achieve compatibility with existing or
planned development. Otten the effects of these uses on the surrounding environment cannot
be foreseen and evaluated until a specific site has been proposed. They]] CONDITIONAL
USES ARE AUTHORIZED IN SPECIFIED ZONING DISTRICTS BASED ON THE
PRESUMPTION THAT THEY ARE GENERALLYAPPROPRIATE AND COMPATIBLE
IN THE SPECIFIED DISTRICTS. HOWEVER, PARTICULAR USES IN PARTICULAR
LOCATIONS MAY HAVE CHARACTERISTICS OR IMPACTS THAT ARE NOT
TYPICAL. CONDITIONAL USES are not permitted automatically, but are subject to the
regulations ofthis section and the conditions imposed by the Board of Appeals upon approval
of the proposed development.
General Standards Required for Approval
The Board of Appeals shall have the power to permit [[special exception]] CONDITIONAL
uses, provided the following general standards are met:
1. [[The location and size of the use, the nature and intensity of the operation involved
in (or conducted in connection with) the use, the size of the site in relation to the use,
and the location of the site with respect to streets giving access to the site are such
that the use]] THE PROPOSED CONDITIONAL USE PLAN wilI be in harmony
with the land uses and policies indicated in the Howard County General Plan for the
district in which it is located. IN EVALUATING THE PLAN UNDER THIS
STANDARD, THE BOARD SHALL CONSIDER:
A. THE NATURE AND INTENSITY OF THE USE, THE SIZE OF THE SITE
IN RELATION TO THE USE, AND THE LOCATION OF THE SITE WITH
RESPECT TO STREETS GIVING ACCESS TO THE SITE; AND
B. IF A CONDITIONAL USE IS COMBINED WITH OTHER
CONDITIONAL USES OR PERMITTED USES ON A SITE, THE
OVERALL INTENSITY AND SCALE OF USES ON THE SITE IS
APPROPRIATE GIVEN THE ADEQUACY OF PROPOSED BUFFERS
AND SETBACKS.
1 2. [[The use will not adversely affect vicinal properties.]] THE PROPOSED USE AT
2 THE PROPOSED LOCATION WILL NOT HAVE ADVERSE EFFECTS ON
3 VICINAL PROPERTIES ABOVE AND BEYOND THOSE ORDINARILY
4 ASSOCIATED WITH SUCH USES. IN EVALUATING THE PLAN UNDER THIS
5 STANDARD, THE BOARD OF APPEALS SHALL CONSIDER WHETHER:
THE IMPACT OF ADVERSE EFFECTS SUCH AS NOISE, DUST,
FUMES, ODORS, LIGHTING, VIBRATIONS, HAZARDS OR OTHER
PHYSICAL CONDITIONS WLLBE GREATERAT THE SUBJECT SITE
THAN IT WOULD GENERALLY ELSEWHERE IN THE ZONE OR
APPLICABLE OTHER ZONES.
The location, nature and height of structures, walls and fences, and the nature
and extent of the landscaping on the site are such that the use will [[not]]
hinder or discourage the development and use of adjacent land and structures
MORE AT THE SUBJECT SITE THAN IT WOULD GENERALLY IN
THE ZONE OR APPLICABLE OTHER ZONES.
PARKING AREAS WILL BE OF ADEQUATE SLZE FOR THE
PARTICULAR USE. PARKING AREAS, LOADING AREAS,
DRIVEWAYS AND REFUSE AREAS WILL BE PROPERLY LOCATED
AND SCREENED FROM PUBLIC ROADS AND RESIDENTIAL USES
TO MINIMJZE ADVERSE IMPACTS ON ADJACENT PROPERTIES.
THE INGRESS AND EGRESS DRIVES WILL PROVIDE SAFE ACCESS
WITH ADEQUATE SIGHT DISTANCE, BASED ON ACTUAL
CONDITIONS, AND WITH ADEQUATE ACCELERATION AND
DECELERATION LANES WHERE APPROPRIATE
25 [[4. Parking areas will be of adequate size for the particular use and properly located and
26 suitably screened from adjoining residential uses and the ingress and egress drives will
27 be laid out so as to achieve maximum safety.
28 5. Ifa special exception use is combined with other special exception uses or permitted
29 uses on a site. the overall intensity and scale of uses on the site is appropriate given
- 30 the adequacy of proposed buffers and setbacks and the land uses indicated in the
31 General Plan for the site and surrounding properties.]]
Additional Standards Required in Certain Residential Districts
The following standards shall apply to [[special exceptions]] CONDITIONAL USES
proposed on land within residential developments in the R-ED, R-SC, R-SA-8, R-A-15, R-
MH or R-VH Districts:
1. The Board of Appeals shall not approve a [[special exception]] CONDITIONAL USE
on land which was included in the density calculation for a residential development
and which has no remaining residential development potential, based on the maximum
density allowed in the zoning district.
2. The Board of Appeals may approve a [[special exception]] CONDITIONAL USE on
land which was included in the density calculation for a residential development, and
which has development potential for at least one dwelling unit, ifthe Board finds that:
a. The combination of uses within the development, including the residential.
[[special exception]] CONDITIONAL USE and open space uses, will result
in an overall intensity of development which is in harmony with vicinal land
uses and the policies of the H'oward County General Plan.
b. The [[special exception]] CONDITIONAL use will not infringe on open
space or result in damage or lack of protection for environmentally sensitive
areas of the development.
c. No more than 30 percent of the parcel on which the [[special exception]]
CONDITIONAL USE is located will be covered by structures or impervious
surface, including roads, parking lots, loading or storage areas, and sidewalks.
Compliance with Specific Requirements for a [[Special Exception]] CONDITIONAL
USE
1. A [[special exception]] CONDITIONAL use shall comply with the requirements for
the specific use given in Section 131.N. Variances may not be granted to the
requirements of Section 131.N EXCEPT FOR MODIFICATIONS OR
EXPANSIONS OF EXISTING CONDITIONAL USES IN ACCORDANCE WITH
SECTION 13 1.D.4 BELOW.
2. Where a minimum lot size is given in Section 131.N for a [[special exception]]
CONDITIONAL use. such a requirement shall not be deemed to prohibit the
establishment of the [[special exception]] CONDITIONAL USE on a lot which
complies with the minimum area requirement and is also used for other [[special
exception]] CONDITIONAL uses or uses permitted as a matter of right.
3. If more than one [[special exception]] CONDITIONAL use is located on a lot and the
specific requirements of Section 13 1.N for the [[special exception]] CONDITIONAL
uses are in conflict, the more stringent requirements shall apply to all [[special
exception]] CONDITIONAL uses on the site.
p m
-
4. THE BOARD OF APPEALS MAY APPROVE VARIANCES TO THE BULK
REGULATIONS IN SECTION 131. N. M ACCORDANCE WITH THE
AND
VARIANCE PROVISIONS OF SECTION 13O.B.2..FORMODIFICATIONS
EXPANSIONS OF:
A.
- EXISTING CONDITIONAL USES THAT WERE APPROVED PRIORTO
THE EFFECTIVE DATE OF COUNCIL BILL NO. 11-2001: AND
B.
- CONDITIONAL USES FILED ON OR BEFORE MARCH 5.2001. AND
APPROVED AFTER THE EFFECTIVE DATE OF COUNCIL BILL NO.
11-2001.
District Requirements
All regulations of the zoning district in which a [[special exception]] CONDITIONAL use is
located shall apply to such uses, except where:
1. The requirements for a [[special exception]] CONDITIONAL use given in Section
13 l.N specifically amend the zoning district requirements or are more stringent than
the zoning district requirements; or
2. A variance to the zoning district requirements is granted in accordance with Section
130.B.2; or
3. The Board of Appeals as a condition of approval imposes requirements which are
more stringent than the requirements of the zoning district.
. .
ltpptrcatmn PETITION and Public Hearing
1.
. .
Apptrcatnms PETITIONS for [[special exceptions]] CONDITIONAL USES shall be
submitted to the Department of Planning and Zoning W C
,'.C-
u.The a~vlicationllAND shall
include:
A. a [[special exception]] CONDITIONAL USE plan which shows all existing
and proposed uses, structures, parking areas, points of INGRESS AND
egress, natural features, and landscaping.
B. [[The petition shall also include]] INFORMATION REGARDING NOISE,
DUST, FUMES, ODORS, LIGHTING, VIBRATIONS, HAZARDS OR
OTHER PHYSICAL CONDITIONS RESULTING FROM THE USE
WHICH MAY ADVERSELY IMPACT VICINAL PROPERTIES.
C. supporting documentation, such as traffic studies, market studies, and noise
studies, [[if]] MAY BE required by the Department of Planning and Zoning
or by these regulations.
D. FOR EXPANSION OR MODIFICATION OF AN EXISTING
CONDITIONAL USE, THE DEPARTMENT OF PLANNING AND
ZONING MAY REQUIRE INFORMATIONREGARDING COMPLIANCE
WITH PREVIOUS REQUIREMENTS AND CONDITIONS.
2. The Department of Planning and Zoning shall transmit the application to the Planning
Board. [[The]] BASED ON THE REQUIREMENTS OF SECTION 131, THE
Planning Board shall make a recommendation for approval, approval with conditions
or disapproval to the Board of Appeals.
3. The Board of Appeals shall hold at least one public hearing on the application in
accordance with Section 2.203 of the Howard County Code, and shall approve,
disapprove or approve with conditions, the proposed development or use. Each
decision by the Board of Appeals shall be in writing and shall state the reasons for the
decision.
Burden of Proof
The applicant for a [[special exception]] CONDITIONAL USE shall have the burden of
proof, which shall be by a preponderance of the evidence and which shall include the burden
of going forward with the evidence and the burden of persuasion on all questions of fact
which are to be determined by the Board of Appeals or are required to meet any provisions
of these regulations.
H. Conditions o f Approval
Ifthe [[special exception]] CONDITIONAL USE is approved, the Board of Appeals
may attach conditions to the proposed use or [[special exception]] plan as it deems
necessary to ensure continuous conformance with all applicable standards and
requirements. The [[special exception]] CONDITIONAL USE plan, subject to such
conditions, shall be made part of the decision and order of the Board of Appeals.
The Board of Appeals may place a time limit on a [[special exception]]
CONDITIONAL use or may require renewal of the use after a certain time period as
a condition of approval. On an application for renewal of a [[special exception]]
CONDITIONAL USE, the Board of Appeals shall determine whether the applicant
has complied with the conditions and safeguards required by the Board of Appeals
during the prior term. If the Board of Appeals finds that the applicant has been in
substantial violation thereof, it shall deny the application for renewal. The Board shall
use the procedures given in Section 13 I.I.3.c(l) through (3) below in considering
requests for renewal.
The use, development or maintenance of a [[special exception]] CONDITIONAL
USE site in violation of the [[special exception]] CONDITIONAL USE plan, or of
any conditions imposed by the Board of Appeals, shall constitute a violation of these
regulations and shall be grounds for revocation of the [[special exception]]
CONDITIONAL USE.
[[A]] THE property owner or [[special exception]] CONDITIONAL USE holder
may petition the Board of Appeals for modification of conditions imposed by the
Board in a Decision and Order approving a [[special exception]] CONDITIONAL
USE, in accordance with the following procedures:
a. A petition for modification of conditions shall be submitted in the same format
and include the same information as a [[special exception]] CONDITIONAL
USE petition, clearly indicating the approved [[special exception]]
CONDITIONAL USE, the requested modifications, and the reasons for the
request.
The Board of Appeals shall hold a public hearing in accordance with the
procedures for a [[special exception]] CONDITIONAL USE petition. The
public hearing shall be limited to consideration of the modification requested
by the petitioner.
The Board of Appeals shall issue a written decision either modifying or
upholding the condition(s) imposed in the original Decision and Order.
After a decision is made, a new petition requesting modification of any of the
conditions of approval shall not be accepted for at least 24 months after the
date of the decision modifying or upholding the conditions of the original
Decision and Order.
I. Establishment of [[Special Exception]] CONDITIONAL USE
1. Site Development Plan Requirement
If required by the Department of Planning and Zoning, a Site Development Plan must
be approved subsequent to the approval of a [[special exception]] CONDITIONAL
USE. The Site Development Plan must conform substantially to the [[special
exception]] CONDITIONAL USE pIan.
2. Conformance with [[Special Exception]] CONDITIONAL USE Plan
An approved [[special exception]] CONDITIONAL use shall not commence until:
a. The Site Development Plan is approved, if required;
b. All required building permits are issued; and
c. The site conforms substantially to the [[special exception]] CONDITIONAL
USE plan. including but not limited to structures, landscaping, parking areas,
points of access, and lighting, unless an alternative schedule for completion
of improvements is approved by the Board of Appeals.
3. Lapse of Decision Approving a [[Special Exception]] CONDITIONAL USE
a. Except as provided in Subsections b and c below, a Decision and Order
approving a [[special exception]] CONDITIONAL USE shall become void
unless a building permit conforming to the plans for which the approval was
granted is obtained within two years, and substantial construction in
accordance therewith is completed within three years from the date of the
decision. A Decision and Order approving a [[special exception]]
CONDITIONAL USE for which a building permit is not necessaty shall
become void unless the use cclrnmences within two years from the date of the
decision. If a decision is appealed, the time period for the use being appealed
shall be measured from the date of the last decision.
b. The Board of Appeals may approve a phasing plan, in which only the first
phase of a [[special exception]] CONDITIONAL USE plan is subject to the
time limits given above. The approval for future phases shall become void
unless such phases are completed within a time period specified in theBoardts
Decision and Order.
c. The Board of Appeals may grant as many as two extensions of the time limits
given above. The extensions shall be for a period of time not to exceed two
years each, and may be granted in accordance with the following procedures:
A request for an extension shall be submitted by the property owner
prior to the expiration ofthe- CONDITIONAL USE
approval, explaining in detail the steps that have been taken to
establish the use.
The property owner shall certify that a copy of the request for an
extension has been sent by certified mail to adjoining property owners
and to the addresses given in the official record of the Board of
Appeals case for all persons who testified at the public hearing on the
petition.
The Board of Appeals shall provide opportunity for oral argument on
the request at a work session if requested by any person receiving
notice of the request. If no response is received within 15 days of the
date of the written notification, a decision on the request may be
made by the Board of Appeals at a work session without hearing oral
argument.
The Board of Appeals may grant the request if it finds that
establishment of the use in accordance with the approved specid
exceptian CONDITIONAL USE plan has been diligently pursued. If
oral argument is presented on the request, the Board of Appeals may
deny the request if any of the oral arguments allege that changes have
taken place in the circumstances which led to the original decision to
approve the sprmrtexrrptionCONDITIONAL USE.
Enlargement o r Alterations
The Board of Appeals may permit the enlargement or alteration of any existing use which is
permitted by [[special exception]] CONDITIONAL USE in the specified districts under the
provisions of these regulations, provided that in evaluating the enlargement or alteration, the
Board ofAppeals shall make all of the required findings applicable to the [[special exception]]
ENTIRE CONDITIONAL use.
Abandonment
If any [[special exception]] CONDITIONAL USE is discontinued for a continuous period of
at least two years. the [[special exception]] CONDITIONAL USE approval shall become
void and a new application to the Board of Appeals shall be required prior to the re-
establishment of the use.
Revocation of CONDITIONAL USE
If a [[special exception]] CONDITIONAL USE site is used, developed or maintained in
violation of these regulations, the Department of Planning and Zoning may initiate action to
revoke the [[special exception]] CONDITIONAL USE as set forth below. in addition to other
enforcement procedures authorized by these regulations and the County Code.
1. If a violation is not corrected within 30 days ofthe issuance of a violation notice the
Department of Planning and Zoning may forward a copy of the violation notice to the
Board of Appeals and request a revocation hearing.
2. The Board of Appeals shall schedule a public hearing to consider revoking the
[[special exception]] CONDITIONAL USE. The hearing shall be advertised as
required by Section 2.203, "Notice to the Public" and Section 2.209, "Conduct of
Board of Appeals Hearings; Original Jurisdiction" of the Howard County Code. In
addition, at least 30 days written notice of the hearing shall be issued by registered
mail to the property owner and the [[special exception]] CONDITIONAL USE.
3. The public hearing shall be limited to consideration of issues relating to the alleged
violations.
4. After holding a public hearing, the Board of Appeals shall issue a written decision as
required in Section 2.21 1, "Decision and Order", of the Howard County Code
revoking or reaffirming the [[special exception]] CONDITIONAL USE. If the
[[special exception]] CONDITIONAL USE is reaffirmed, the Board may amend, add
to, or delete any of the existing conditions of approval. The Board may also reaffirm
the [[special exception]] CONDITIONAL USE subject to a schedule for abatement
of specified violations, with provision for automatic revocation if the abatement
schedule is not met.
M. Clarification of Decision and Order
The Department of Planning and Zoning may at any time request clarification of a Decision
and Order of the Board of Appeals granting a [[special exception]] CONDITIONAL USE
petition, in accordance with the following pr'ocedures:
The Department of Planning and Zoning shall submit a written request to the Board
of Appeals, listing the portions of the Decision and Order which require clarification
and the reason for the request.
The Board of Appeals shall schedul'e a public hearing to consider the request for
clarification. The hearing shall be advertised as required by Section 2.203, "Notice
to the Public" and Section 2.209, "Conduct of Board of Appeals Hearings; Original
Jurisdiction" of the Howard County Code. In addition, at least 30 days written notice
of the hearing shall be issued by registered mail to the property owner and the
[[special exception]] CONDITIONAL USE holder.
The public hearing shall be limited to consideration ofissues related to the request for
clarification.
After holding a public hearing, the Board of Appeals shall issue a written decision as
required in Section 2.21 1, "Decision and Order", of the Howard County Code,
amending the original Decision and Order to provide clarification as deemed
necessaly by the Board.
N. [[Special Exception]] CONDITIONAL USES and Permissible Zoning Districts
The Board of Appeals may grant [[special exception]] CONDITIONAL uses in the specified
districts in accordance with the following minimum criteria.
1. Agribusiness
a. A [[special exception]] CONDITIONAL USE may be granted in the RC
District for the following commercial and industrial uses:
(1) Secondary agricultural processing, except that processing of grain is
permitted as a matter of right;
(2) Farm supply and machinery sales, storage and services,
(3) Fuel production as an agricultural by-product;
(4) Bulk produce storage facilities including cooperatives, except that
bulk grain storage is permitted as a matter of right; and
(5) Livestock slaughtering.
All structures and uses associated with these facilities shall be limited to an area not
greater than 50 acres and located no nearer than 500 feet to an existing residence on
a different lot. In addition, for meat and dairy processing facilities or livestock
slaughtering facilities, all structures and uses shall be at least 300 feet from lot lines.
b. A [[special exception]] CONDITIONAL USE may be granted in the RC or
RR district for wineries, provided that:
(I) The minimum lot size shall be 5 acres.
(2) Structures and all principal or accessory uses except the growing of
crops shall be at least 75 feet from property lines.
(3) Public tours and retail sales shall be permitted, provided such uses are
clearly accessory and incidental to the winery and bottling operations
and are approved by the Board of Appeals
(4) Festivals shall be permitted as accessory uses ifapproved by the Board
of Appeals, provided the site has direct access to a road classified as
a collector or higher classification. Festivals shall be limited to no
more than 4 per year and no more than 8 days per year.
2. Aircraft Landing and Storage Areas (private OWNERSHIP)
a. Private Use-[[Private Ownership]] STORAGE OFTHREE ORFEWER
AIRCRAFT
A [[special exception]] CONDITIONAL USE may begranted in the RC, RR
M-l or M-2 Districts for private aircraft landing [[areas]] and storage AREAS
WHERE STORAGE IS LLMITED TO THREE OR FEWER AIRCRAFT,
provided that:
(1) The minimum area shall be 25 acres. Petitions where the minimum
area comprises more than one lot must contain all property owners as
petitioners.
(2) [[The facilities shall comply with all standards and regulations of
Federal and State avi,ation agencies relating to the flight operations
and design of facilities.]] THE APPLICATION FOR
CONDITIONAL USE UNDER THIS SUBSECTION SHALL BE
REFERRED TO THE APPROPRIATE STATE AND FEDERAL
AVIATION AGENC E S FOR COMMENTS.
(3) [ D o areas]] AREAS used by [[any]] FIXED WING aircraft during
take-off OR LANDWG shall be located [[within a minimum distance
of]] AT LEAST 100 feet from any property line, [[or a minimum of]]
AT LEAST 1.000 feet from any public or private institution, such as
[[public]] schools, hospitals. [[sanitariums]] and churches, [[or a
minimum of]] AND AT LEAST 500 feet from any property line on
the approach or departure ends of the runway. AREAS USED BY
HELICOPTERS DURING TAKE-OFF AND LANDING SHALL BE
AT LEAST W 700FEET FROM ANY PROPERTY LINE
AT LEAST 1.000 FEET FROM ANY PUBLIC OR PRIVATE
INSTITUTION. SUCH AS SCHOOLS. HOSPITALS. AND
CHLTRCHES.
Hangars shall be at least 200 feet from any property line. Other
structures related to the CONDITIONAL USE
shall be at least 150 feet from any residential property line, and no
parking of aircraft shall be aIIowed within 100 feet of any residential
property line and 50 feet of any non-residential property line. All
setbacks provided for herein are to be measured from property lines
. . .. .b
buildings on Drovertv not owned bv anv of the ~etitionersl
Where feasible, all or part of the 500 feet "clear zone" from the
approach or departure ends ofthe runway may be satisfied by properly
certified navigational easements.
The use [[of a private aircraft landing and storage area]] shall be
limited to the storage of three or fewer aircraft, each having a gross
weight of 12,500 pounds or less, and in the RC and RR Districts at
least one of the aircraft shall be owned and principally used by a bona
fide resident of the property.
No use granted herein shall allow instruction by or to any person in
the operation or maintenance of aircraft
Jet fixed wing aircraft may not use this facility.
b. [[Limited]] PublicORPRIVATE Use-[~rivateOwnenhiplJSTORAGE
O F 12 O R FEWER AIRCRAFT
A [[special exception]] CONClITIONAL USE may be granted in the RC, RR
M-1 or M-2 Districts for aircraft landing and storage areas [[for limited public
use but under private ownership]] WHERE STORAGE IS LIMITED TO 12
OR FEWER AIRCRAFT, provided that:
The minimum area shall be 45 acres. Petitions where the minimum
area comprises more than one lot must contain all property owners as
petitioners.
[[The facilities shall comply with all standards and regulations of
Federal and State aviation agencies relating to the flight operations
and design of facilities.]] THE APPLICATION FOR
CONDITIONAL USE UNDER THIS SUBSECTION SHALL BE
REFERRED TO THE APPROPRIATE STATE AND FEDERAL
AVIATION AGENCIES FOR COMMENTS.
[ V o areas]] AREAS used by [[any]] FIXED WING aircraft during
take-off OR LANDING shall be located [[within a minimum distance
ofl] AT LEAST 200 feet from any property line, [[or a minimum ofl]
AT LEAST 1,000 feet from any public or private institution, such as
[[public]] schools, hospitals, [[sanitariums]] and churches, [[or a
minimum ofl] AND AT LEAST 500 feet from any property line on
the approach or departure ends of the runway. AREAS USED BY
HELICOPTERS DURING TAKE-OFF AND LANDING SHALL
BE AT LEAST .tee 700 FEET FROM ANY PROPERTY LINE
AND AT LEAST 1.000 FEET FROM ANY PUB1JC OR PRIVATE
INSTITUTION. SUCH AS SCHOOLS. HOSPITALS. AND
CHURCHES..
Hangars shall be at least 200 feet from any existing residential
property line. Other structures related to the [[special exception]]
CONDITIONAL use shall be at least 150 feet from any existing
residential property line, and no parking of aircraft shall be allowed
within 100 feet of any residentiaI property line. ,411 setbacks provided
for herein are to be measured from property lines or buildings on
property not owned by any of the petitioners.
Where feasible, all or part of the 500 feet "clear zone" from the
approach or departure ends ofthe runway may be satisfied by properly
certified navigational easements.
The use [[of an aircraft landing and storage area for limited public use
but under private ownership]] shall be limited to the storage of 12 or
fewer aircraft each having a gross weight of 12,500 pounds or less,
and in the RC and RR Districts, at least one of the aircraft shall be
owned and principally used by a bona fide resident of the property.
Jet fixed wing aircraft may not use this facility.
c. [[Aircraft Landing and Storage Area - Public Use, Private Ownership]]
PUBLIC OR PRIVATE USE - STORAGE OF 13 OR MORE
AIRCRAFT
A[[special exception]] CONDITIONAL USE may be granted in the RC, RR,
M-1 or M-2 Districts for [[th,e construction and operation of]] an aircraft
landing and storage area[[, public use - private ownership,]] WITH
STORAGE AREA FOR 13 OR MORE AIRCRAFT, provided that:
The minimum lot size is 150 acres.
[[The proposed facility will meet the standards and requirements of all
State and Federal aviation agencies.]] The application for [[special
exception]] CONDITIONAL USE under this subsection shall be
referred to the appropriate State and Federal aviation agencies for
[[the report of such agencies]] COMMENTS.
The operation of the airport in accordance with the standards and
requirements of the State and Federal aviation agencies will not
require limitation of the heights of structures on adjacent land to less
than the height limit specifically prescribed for the district in which
such land is situated.
The use [[of an aircraft landing and storage area, public use-private
ownership,]] shall be limited to the storage offifty non-jet aircraft for
which a current airworthiness certificate has been issued by the
Federal Aviation Administration, each having a gross weight of 6,000
pounds or less. All airport take-off and landing areas shall be
provided with a dustless surface. [[Helicopters may not be used at this
type of facility.]]
[ D o areas]] AREAS used by [[any]] FIXED WING aircraf? during
take off OR LANDING shall be located [[within a minimum distance
ofl] AT LEAST 500 feet from any residential property line, [[or]] 350
feet from any non-residential property line, [[or a minimum ofl] 1,000
feet from any public or private institution, including schools, hospitals,
[[sanitariums]] and churches, [[or a minimum ofJ] AND 1,000 feet,
measured along an extension of the runway centerline, from any
adjacent residential or commercial zones on the approach or departure
ends of the runway. AREAS USED BY HELICOPTERS DURING
TAKE-OFF AND LANDING SHALL BE AT LEAST +00 700
FEET FROM ANY PROPERTY LINE AND AT LEAST 1.000
FEET FROM ANY PLTBLIC OR PRIVATE INSTITUTION. SUCH
AS SCHOOLS. HOSPITALS, AND CHURCHES.
Structures, including hangars, shall be at least 200 feet from any
residential property line, and 100 feet from any non-residential
property line, and no parking of aircraft or vehicles shall be allowed
within 100 feet from any property line.
No commercial accessory uses are permitted except that tie-down fees
may be charged by the owner and the sale of navigation charts and
equipment is permitted.
The Department of Planning and Zoning shall require that adequate
off-street parking and loading spaces be provided to service airport
activities and accessoryuses. The number of parking and loading
spaces to be required shall be determined by the Department of
Planning and Zoning.
(8)]] (7) Every airplane operat.or based at the airfield must register with the
airport manager the following information:
(a) aircraft registration number
(b) owner's name, address and telephone nurnber(s)
(c) names, addresses and phone numbers of all pilots
authorized to fly registered planes
(d) type of plane and airplane colors or paint scheme
[[(9)]] (8) The airfield shall not be used for take-off and landing instruction or
practice.
[[(IO)]] (9) The aircraft landing and storage area must meet a need of the
residents of Howard County for such a facility.
3. Animal Hospitals
A [[special exception]] CONDITIONAL USE may be granted for an animal hospital
in the RC[[,]] OR RR[[, R-ED or R-2011 Districts, provided that: [[all pens and runs
must be enclosed within buildings.]]
A. IF OUTSIDE PENS OR RUNS ARE
T .
INCLUDED:
(I
J THEY WILL BE AT LEAST 200 FEET FROM ANY LOT LINE
AND SCREENED FROM ROADS AND RESIDENTIAL
PROPERTIES: AND
THEIR HOURS OF OPERATION WILL BE ESTABLISHED BY
THE BOARD OF APPEALS
B. BUILDINGS WHERE ANMALS ARE KEPT OR TREATED WILL BE
LOCATED OR SOUNDPROOFED SO THAT NOISES ARE NOT
DETECTIBLE AT THE LOT LINES.
C. DISPOSAL OF WASTES WILL BE SUCH THAT ODORS OR OTHER
EMISSIONS ARE NOT PERCEPTIBLE AT LOT LINES.
4. Antique Shops, A r t Galleries a n d Craft Shops (commercial)
A [[special exception]] CONDITIONAL USE may be granted in the RC[[,]] AND
RR[[, R-ED or R-2011 Districts for antique shops, art galleries and craft shops in
existing structures. provided that:
Safe public road access shall be available.
No storage of merchandise will be located outside of structures.]]
NO MERCHANDISE WILL BE STORED OUTSIDE OF STRUCTURES,
EXCEPT OUTSIDE DISPLAYS DURINGSTOREHOURS ONLY. SUCH
DISPLAYS MAY NOT EXTEND INTO MINIMLTM REQUIRED
STRUCTURE OR USE SETBACK AREAS.
The design ofstructures will be. compatible with that of other structures in the
vicinity.
The use shall be operated by the person or persons residing in a residence
located on the same lot.
5. Athletic Facilities, OUTDOOR
Except where permitted as a matter ofright, a [[special exception]] CONDITIONAL
USE may be granted in the RC, RR, R-ED, R-20, R-12, R-SC, R-SA-8, R-A-15 or
R-MH Districts for THE FOLLOWING OUTDOOR ATHLETIC FACILITIES:
athletic fields, community swimming pools, commercial swimming pools, AND tennis
[[clubs]] COURTS, [[and similar uses (excluding golf driving ranges, miniature golf
courses and batting cages)]] provided that:
A [[special exception]] CONDITIONAL USE shall not be required for
facilities which are reserved for use by residents of a community and their
guests, and which are located within neighborhoods or communities where all
properties are included within recorded covenants and liens which provide for
the operation and maintenance of the facilities.
OTHER ATHLETIC OR RECREATIONAL USES ACCESSORY TO
THESE PRINCIPAL USES ARE PERMITTED IF APPROVED BY THE
BOARD OF APPEALS.
BUILDINGS, PARKING AREAS, AND OUTDOOR ACTIVITY AREAS
WILL BE AT LEAST 50 FEET FROM ADJOINING RESIDENTIALLY-
ZONED PROPERTIES OTHER THAN PUBLIC ROAD RIGHT-OF-
WAYS. THIS BUFFER AREA SHALL N.0T BE AVAILABLE FOR
ATHLETIC OR RECREATIONAL ACTIVITIES. THE BOARD OF
APPEALS MAY REDUCE THIS SETBACK P
pIF:
(1) THE ADJOINING LAND IS COMMITTED T O M
AGRICULTURAL OR ENVIRONMENTAL PRESERVATION
EASEMENT OR A LONG TERM INSTITUTIONAL OR OPEN
SPACE USE THAT PROVIDES AN EQUIVALENT OR BETTER
BUFFER FOR VEINAL RESIDENTIAL DEVELOPMENT; OR
(2) THE PETITION INCLUDES DETAILED PLANS FOR
SCREENING, CONSISTING OF A COMBINATION OF A SOLID
FENCE OR WALL AND LANDSCAPING, OR AN EQUIVALENT
COMBINATION, THAT PRESENTS AN ATTRACTIVE AND
EFFECTIVE BUFFER FOR NEIGHBORING RESIDENTIAL
PROPERTIES.
D. ADEQUATE LANDSCAPING OR OTHER ACCEPTABLE FORMS OF
BUFFERING WILL BE PROVIDED TO SCREEN OUTDOOR USES
FROM RESIDENTIAL PROPERTIES.
[[b]]E. Reasonable standards for hours of operation AND A DETAILED lighting
PLAN shall be proposed by the petitioner and established by the Board of
Appeals for each use.
F. OUTDOOR SOUND AMPLIFICATION WILL BE PERMITTED ONLY IF
IT WILL NOT CONSTITUTE A NUISANCE FOR R E s m m A L
PROPERTIES IN THE VICINITY. THE PETITION MUST INDICATE
THE PURPOSES OF PROPOSED AMPLIFICATION (SUCH AS
ANNOUNCING SPORTS EVENTS, SAFETY ANNOUNCEMENTS, OR
ENTERTAINMENT), HOURS OF USE AND THE MAXIMUM NOISE
LEVEL AT THE PROPERTY LINES.
7. Beauty ParlorlBarber Shop
A [[special exception]] CONDITIONAL USE may be granted in RC, RR[[, R-ED]]
OR R-20 [[, R-12 or R-SC]] District for a beauty parlor or barber shop provided
that:
a. The use shall be located within a [[structure actually occupied as a]] residence
and conducted by the person or persons residing in said residence.
b. [ p o t more than two operators shall practice at said residence.]] ON LOTS
LESS THAN ONE ACRE IN SIZE, THE USE SHALL BE LIMITED TO
ONE RESDENT OPERATOR, WITH NO OTHER EMPLOYEES. ON
LOTS OF ONE ACRE OR LARGER, ONE ADDITIONAL OPERATOR
OR OTHER EMPLOYEE MAY BE PERMITTED.
[[c. One non-illuminated sign conforming with State and County regulations may
be permitted.
d. The Board shall find such a use is desirable for the public convenience.]]
8. Bed and Breakfast Inns
A [[special exception]] CONDITIONAL USE may begranted in the RC, Rq R-ED,
R-20, R-12, R-SC, R-SA-8, R-A-15, R-MH, and R-VH Districts for a bed and
breakfast inn, provided that:
The building is an historic s t r w a r e as defined in these [[regulations, or the lot
is in the RC or RR District and has a minimum area of one acre;]]
REGULATIONS.
Safe public road access is available;
Landscaping is provided to screen parking areas from adjoining residential
properties; and]]
THE INN IS MANAGED BY OCCUPANTS OF THE DWELLING.
No public reception or restaurant facilities are provided.
EXTERIOR ALTERATIONS TO THE STRUCTURE AND SITE ARE
APPROVED BY THE HISTORlC DISTRICT COMMISSION AS
ARCHITECTURALLY COMPATIBLE WITH THE HISTORIC
STRUCTURE.
EXTENSION OR ENLARGEMENT OF THE PRINCIPAL HISTORICAL
STRUCTURE AND ALL ACCESSORY STRUCTURES MAY NOT
EXCEED FIFTY PERCENT OF THE GROSS FLOOR AREA OF EACH
INDIVIDUAL BUILDING ABOVE THAT WHICH EXISTED ON
AUGUST 1, 1989, WHEN Z.B. 882R WAS ADOPTED ADDING THE
CONDITIONAL USE FOR BED AND BREAKFAST INNS TO THESE
REGULATIONS.
9. Boarding Houses
A [[ special exception]] CONDITIONAL USE may be granted in-ht
RC OR RR Districts for a
boarding house, PROVIDED THAT:
A. THE SITE HAS FRONTAGE ON AND DIRECT ACCESS TO A
COLLECTOR OR ARTERIAL ROAD DESIGNATED IN THE GENERAL
PLAN.
B. PARKING, REFUSE STORAGE AND OUTDOOR ACTIVITY AREAS
SHALL BE AT LEAST 20 FEET FROM ADJOINING RESIDENTIALLY
ZONED PROPERTY.
C. THE MINIMUM LOT SIZE SHALL BE 5 ACRES IF 10 OR MORE NON-
TRANSIENT RESIDENTS ARE ACCOMMODATED.
D.
- THE BOARDING HOUSE IS OCCUPE D AS A RESIDENCE BY THE
OWNER.
10. Bottling of Spring o r Well Water
A [[special exception]] CONDITIONAL USE may be granted in the RC or RR
Districts for bottling of spring or well water, provided that:
a. The minimum lot size shall be 5 acres.
b. A11 structures and uses related to the bottling operation shall be at least 75 feet
from property lines.
c. Public tours and retail sales shall be permitted provided such uses are clearly
accessory and incidental to the bottling operation and are approved by the
Board of Appeals.
11. [[Bulk Storage of I] Gasoline, Fuel Oil and Liquified Petroleum, BULK
STORAGE OF
A [[special exception]] CONDITIONAL USE may be granted in the B-2, M-1 or
M-2 Districts for the storage or sale of gasoline, fuel oil, bottled gas or liquified
petroleum, provided that:
[[a. No tank shall be permitted above ground within three hundred feet of any
school, hospital or church.
b]] A. Maximum storage above ground shall not exceed 10,000 gallons or its
equivalent in pounds or cubic feet, for each 20,000 square feet of lot area.*
EXCEPT THAT TOTAL STORAGE
OF LIOUIFIED PETROLEUM IN THE B-2 DISTRICT SHALL NOT
EXCEED 2.000 GALLONS AND NO SINGLE CONTAINER MAY
CONTAIN MORE THAN 1.000 GALLONS OF LIOUIFIED
PETROLEUM, TOTAL STORAGE SHALL NOT EXCEED 20,000
GALLONS IN THE B-2 AND M-1 DISTRICTS.
[[c]]B. [[For]] IF A storage area [[which]] is closed or not operated for a continuous
period oftwelve months.[[the site shall be restored to its previous condition]]
THE STORAGE FACILITTES SHALL BE DISMANTLED AND
REMOVED FROM THE SITE.
C. SOLID WALLS SUCH AS MASONRY OR WOOD AND MASONRY
MAY BE REQUIRED BY T I E BOARD OF APPEALS WHENTHE SITE
BORDERS A RESIDENTIAL DISTRICT. WHEN SOLID WALLS ARE
REQUIRED, LANDSCAPE PLANTING IS REQUIRED BETWEEN THE
OUTSIDE OF THE WALL AND THE PROPERTY LME.
[[d. Applicable Federal and State regulations shall be followed.]]
12. Cemeteries and Mausoleums [[or Crematoriums]]
A [[special exception]] CONDITIONAL USE may be granted in the RC, RS R-ED, R-20,
R-12, R-SC. R-SA-8, R-A-15, R-MH, R-VH, HO, HC, POR, B-1, B-2, SC, M-1 or M-2
Districts for cemeteries[[.]] and mausoleums [[or crematoriums]] provided that:
a. Graves shall be considered [[as]] structures for the purpose of determining
setbacks from property lines and in no case located closer than [[seven and a
halfl] 20 feet from the property lines.
b. Walls, fences andfor planting of shrubbery, trees or vines as may be reasonable
and proper to afford adequate screening may be required.
C. WHEN APPROVING A CEMETERY, THE BOARD OF APPEALS MAY
AUTHORIZE FUTURE CONSTRUCTION OF ACCESSORY
STRUCTURES NOT REQUIRING FURTHER BOARD OF APPEALS
APPROVAL, SUCH AS MAUSOLEUMS, VAULTS, COLUMBARIA,
AND SHEDS. THE AREA \YITHIN WHICH THE FUTURE CHANGES
ARE AUTHORlZED MUST BE DELINEATED ON THE CONDITIONAL
USE PLAN AND LOCATED AT LEAST 50 FEET FROM ALL
PROPERTY LINES.
13. Charitable [[and]] OR Philanthropic Institutions
A [[special exception]] CONDITIONAL USE may be granted in theRC, RR,R-ED,
R-20 and R-12 Districts for a charitable or philanthropic institution, provided that:
a. The minimum lot size shall be 40,000 square feet.
b. The proposed activities on the site shall be specified, including the institution's
goals. activities and hours of operation.
[[c. The institution shall be a charitable or philanthropic institution as defined in
these regulations. The fact that the organization is a tax-exempt entity does
not, of itself, constitute eligibility as a special exception, but may be
considered as one ofthe factors of eligibility, provided the use complies in d
other respects with the definition.
d. The petitioner demonstrates that the use shall meet applicable Federal, State
or local laws and regulations.
e. The use shall not have an adverse effect on the use or development of
surrounding properties due to noise, odor, traffic, lights or any other reason.
fl] C. All parking areas and outdoor activity areas shall be screened from
surrounding properties and roads by landscaping or other appropriate means
AND LOCATED AND DESIGNED TO SHIELD RESIDENTIAL.
PROPERTY FROM NOISE OR NUISANCE.
[[g]] D. The design of [[any]] NEW structures OR ADDITIONS TO EXISTING
STRUCTURES shall be compatible [[with that of other structures]] IN
SCALE AND CHARACTER WITH RESIDENTIAL DEVELOPMENT in
the vicinity, AS DEMONSTRATED BY ARCHITECTURAL
ELEVATIONS OR RENDERINGS SUBMITTED WITHTHE PETITION.
E. BUILDINGS, PARKING AREAS AND OUTDOOR ACTIVITY AREAS
SHALL BE AT LEAST 50 FEET FROM ADJOININGRESIDENTIALLY-
WAYS. THE BOARD OF APPEALS MAY REDUCETHS SETBACKTO
NO LESS THAN 20 FEET OR THE MINIMUM SETBACK REQUIRED
BY THE ZONING DISTRICT, WHICHEVER IS GREATER IF:
(1) THE ADJOINING LAND IS COMMITTED TO A LONG TERM
INSTITUTIONAL OR OPEN SPACE USE THAT PROVIDES AN
EQUIVALENT OR BETTER BUFFER FOR VICINAL
RESIDENTIAL DEVELOPMENT; OR
SCREENING, CONSISTING OF ACOMBINATION OF A S O L D
EFFECTIVE BUFFER FOR NEIGHBORJNG RESIDENTIAL
PROPERTIES.
F. AT LEAST 20 PERCENT OF THE AREA WITHIN THE BUILDING
ENVELOPE SHALL BE GREEN SPACE, NOT USED FOR BUILDINGS,
PARKING AREA OR DRIVEWAYS. THE BUILDING ENVELOPE IS
FORMED BY THE REQUIRED STRUCTURE SETBACKS FROM
PROPERTY LINES AND PUBLIC STREET RIGHTS-OF-WAY OF THE
ZONING DISTRICT.
13A. Communication Towers o r Antennas (Commercial)
a. A [[special exception]] CONDITIONAL USE may begranted for commercial
communication towers or antennas in the following districts:
(1) In the RC, RR, R-ED, R-20, R-12, R-SC, R-SA-8, R-A-15, R-MH,
or PGCC Districts, except that antennas meeting the requirements of
Section 128.E.4., and commercial communication towers located on
government property. excluding School Board property, and with a
height of less than 2001 feet measured from ground level, are permitted
as a matter of right.
(2) In the P O q PEC, B-1, B-2, SC and BR Districts for towers with a
height of 200 feet or greater (including antennas) measured from
ground level.
b. [[Special Exception]] CONDITIONAL USE Criteria:
(1) An applicant for a new communication tower shall demonstrate that
a diligent effort has been made to locate the proposed communication
facilities on a government structure or, on an existing structure or
within a non-residential zoning district, and that due to valid
considerations, including physical constraints, and economic or
technological feasibility, no appropriate location is available. The
information submitted by the applicant shall include a map of the area
to be served by the tower, its relationship to other antenna sites in the
petitioner's network, and an evaluation of existing buildings taller than
50 feet, communication towers and water tanks within one-half mile
of the proposed tower.
(2) New communication towers shall be designed to accommodate
antennas for more than one user, unless the applicant demonstrates
why such design is not feasible for economic, technical or physical
reasons. Unless collocation has been demonstrated to be infeasible,
the CONDITIONAL USE plan shall delineate an
area near the base of the tower to be used for the placement of
additional equipment buildings for other users.
(3) Ground level equipment and buildings and the tower base shall be
screened from public streets and residentially-zoned properties.
(4) Communication towers shall be grey or a similar color that minimizes
visibility, unless a different color is required by the Federal
Communications Commission or theFederal Aviation Administration.
(5) No signals or lights shall be permitted on a tower unless required by
the Federal Communications Commission or the Federal Aviation
Administration.
(6) A communication tower that is no longer used shall be removed from
the site within one year ofthe date that the use ceases.
14B. Contractor Storage Facility
A [[special exception]] CONDITIONAL USE may be granted in the B-2 District for
a contractor storage facility provided that:
a. The minimum lot size shall be five acres and the maximum lot size shall be 10
acres.
b. All outdoor storage uses, commercial vehicle and equipment parking shall be
located a minimum of 100 feet from an adjacent residential district, 30 feet
from other adjacent non-residentially zoned properties, and 50 feet from the
public street rights-of-way of all public roads.
c. All outdoor storage uses, commercial vehicle and equipment parking shall be
screened from all adjacent properties and public street rights-of-way with a
Type D landscape screen as defined in the Subdivision and Land Development
Regulations, and expressly in addition, a 6-foot tall opaque fence. The fence
shall comply with the setbacks set forth in Section B above.
d. Ifthe contractor storage facility is adjacent to a residential zoning district, the
Board of Appeals may set the hours of operation.
15. Country Clubs and Golf Courses
A [[special exception]] CONDITIONAL USE may be granted in the RC, RR,R-ED,
R-20, R-12, R-SC or R-SA-8 Districts for country clubs and/or golf courses,
[[including]] PROVIDED THAT:
All necessary and incidental recreational facilities and uses, as well as
accessory uses, normally and customarily considered as constituting a part of
the operation of a country club or golf course.]]
Clubhouses may be permitted as accessory uses to a golf course.]]
A BUFFER AREA AT LEAST 50 FEET W D E WILL BE MAINTAINED
BETWEEN STRUCTURES OR PARKING, LOADING AND STORAGE
AREAS AND ADJACENT RESIDENTIALLY-ZONED LAND.
A DISTANCE OF AT LEAST 100 FEET WILL BE PROVIDED
BETWEEN THE EDGE OF GOLF COURSE FAJRWAYS AND
EXISTING RESIDENTIAL STRUCTURES.
OUTDOOR USES WILL BE LOCATED AND DESIGNED TO SHIELD
RESIDENTIAL PROPERTY FROM NOISE OR NUISANCE.
16. Country Inn
A [[special exception]] CONDITIOKAL USE may be granted in the RC, RR,R-ED,
R-20, R-12. R-SC, R-SA-8, R-A-15, R-MH or HO Districts for the conversion of an
historic structure to a country inn, provided that:
a. The building is an historic structure as defined in these regulations;
b. Principal and accessory uses shall be identified on the site plan submitted with
the application. Accessory uses, NOT INCLUDING OUTDOOR
RECREATIONAL AREAS FOR USE BY GUESTS OF THE INN, shall be
limited to an area no greater than [[50]] 25 percent of the total floor area of
all buildings;
imr;
IF A PUBLIC RESTAURANT IS PART OF THE COUNTRY INN. THE
MINIMUM LOT SIZE SHALLBE 3 ACRES UNLESS THE PARCEL HAS
FRONTAGE AND DIRECT ACCESS TO ACOLLECTORORARTERIAL
ROAD DESIGNATED IN THE GENERAL PLAN.
[[Meals shall be served only at tables, indoors, or on an outdoor terrace, or
in guest rooms. Fast food restaurants are not permitted;
Extension or enlargement ofthe principal historical structure and all accessory
structures may not exceed fifty percent of the gross floor area of each
individual building above that which existed ON FEBRUARY 8, 1982,
WHEN THE CATEGORY FOR COUNTRY INNS WAS ADDED TO
THESE REGULATIONS. [[at the time of the adoption ofthese regulations.
The exterior design of any conversion, extension, enlargement or new
construction shall be architecturally compatible with the original building and
approved by the Historic District Commission;
Safe public road access shall be available; and
Adequate landscaping shall be provided to screen all parking areas from
adjoining residential properties.]]
EXTERIOR ALTERATIONS TO THE STRUCTURE AND SITE ARE
APPROVED BY THE HISTORIC DISTRICT COMMISSION AS
ARCHITECTURALLY COMPATIBLE WITH THE HISTORIC
STRUCTURE.
OUTDOOR USES, INCLUDING LOADING AND REFUSE STORAGE
AREAS AND OUTDOOR RECEPTION OR RESTAURANT AREAS,
WLLL BE LOCATED AND DESIGNED TO SHIELD RESIDENTIAL
PROPERTY FROM NOISE OR NUISANCE AND SCREENED FROM
ADJACENT RESIDENTIAL PROPERTIES.
.. .
u. %y TIL "uay C ~ C C -
-
17. CHILD DAY CARE CENTERS AND NURSERY SCHOOLS. DAY
TREATMENT AND CARE FACILITIES
A [[special exception]] CONDITIONAL USE may be granted in the RC, RR, R-ED,
R-20, R-12, R-SC. R-SA-8, R-A-15, R-VH, HO, HC or M-2 Districts for day
treatment and care facilities, child day care centers and nursery schools provided
that[[, in addition to all State and County regulations, the following requirements are
met]]:
a. [[Safe public road access with adequate sight distance shall be provided, and
on-site]] ON-SITE circulation and parking areas shall be designed to minimize
vehicular/pedestrian conflicts and to provide safe areas for dropping off and
picking up passengers.
b. For child day care centers or nursery schools in industrial or commercial
districts, outdoor play areas shall be fenced, screened and located to minimize
exposure to noise and other emissions from roads, parking areas, and
industrial activities.
[[c. The following standards shall apply in residential districts:]]
c.[[(l)ll The minimum lot size for child day care centers shall be 500 GROSS
square feet of lot area per child.
D.[[(2)11 Outdoor play areas or activity areas shall be fenced, located to the side
or rear of the principal structure, and buffered from adjoining
residential properties by [[a landscaped edge]] LANDSCAPrNG or
adequate distance or hoth.
E.[[(3)11 Parking areas shall be located and landscaped to minimize their
visibility from roads and adjacent residential properties.
F.[[(4)11 The design and massing of PROPOSED structures OR ADDITIONS
TO EXISTING STRUCTURES shall be generally compatible IN
SCALE AND CHARACTER with RESIDENTIAL properties in the
vicinity ofthe site, AS DEMONSTRATED BY ARCHITECTURAL
ELEVATIONS OR RENDERINGS SUBMITTED WITH THE
PETITION. Additional setbacks from property lines and landscape
buffering shall be required if necessary to make the appearance of the
site compatible with surrounding RESIDENTIAL properties.
G. FOR FACILITIES IN RESIDENTIAL DISTRICTS WITH A CAPACITY
OF MORE THAN 30 CHILDREN OR ADULT CLIENTS AT ONE TIME,
THE FOLLOWING STANDARDS APPLY:
(1) THE SITE HAS FRONTAGE ON AND DIRECT ACCESS TO A
COLLECTOR OR ARTERIAL ROAD DESIGNATED IN THE
GENERAL PLAN.
(2) BUILDINGS. PARKING AREAS AND OUTDOOR ACTIVITY
AREAS WILL BE AT LEAST 50 FEET FROM ADJOINING
RESIDENTIALLY-ZONED PROPERTIES OTHER THAN
PUBLIC ROAD RIGHT-OF-WAYS. THE BOARD OF APPEALS
MAY REDUCE THIS SETBACK TO NO LESS THAN 20 FEET
OR THE MINIMUM SETBACK REQUIRED BY THE ZONING
DISTRICT, WHICHEVER IS GREATER, IF:
(A) THE ADJOINING LAND IS COMMITTED TO A LONG
TERM INSTITUTIONAL OR OPEN SPACE USE THAT
PROVIDES AN EQUIVALENT OR BETTER BUFFER
FOR VICINAL RESIDENTIAL DEVELOPMENT; OR
(B) THE PETITION INCLUDES DETALLED PLANS FOR
SCREENING, CONSISTING OF A COMBINATION OF A
SOLID FENCE OR WALL AND LANDSCAPING, OR AN
EQUIVALENT COMBINATION, THAT PRESENTS AN
ATTRACTIVE AND EFFECTIVE BUFFER FOR
NEIGHBORING RESIDENTIAL PROPERTIES.
(3) AT LEAST 20 PERCENT OF THE AREA WITHIN THE
BUILDING ENVELOPE SHALL BE GREEN SPACE, NOT USED
FOR BUILDINGS, PARKING AREA OR DRIVEWAYS. THE
BUILDJNG ENVELOPE IS FORMED BY THE REQUIRED
STRUCTURE SETBACKS FROM PROPERTY LINES AND
PUBLIC STREET RIGHTS-OF-WAY.
19. Entrance Features for Subdivisions - Buildings
A [[special exception]] CONDITIONAL USE may be granted in the RC and RR
Districts for an ornamental building which is part of an entrance feature, provided that
the building:
a. Is part ofan entrance feature identifying a residential subdivision ofat least 25
lots;
b. May be located closer to the public street right-of-way than allowed by the
district setback requirements, if the location is approved by the Board of
Appeals;
c. Is no more than 20 feet wide, 20 feet deep, and 15 feet in height;
d. Does not interfere with sight distance along public roads;
e. Is compatible in appearance and character with structures on surrounding
properties;
f. Will be maintained in good condition by the Homeowner's Association for the
subdivision.
20. Explosives, Storage of
A [[special exception]] CONDITIONAL USE may be granted in the m M - 2
District for the storage of explosives, provided [[that:
a. All safety requirements as established by the Department of Treasury of the
United States Government, the OEce of the Fire Marshall and the Howard
County Department of Fire and Rescue Services shall be met;
b. The explosives shall be handled under the supervision of a duly licensed
individual authorized to handle and/or use explosives;
c. No storage shall be permitted within 300 feet of any school, hospital or
church; and
d. No]] THAT NO storage of explosives shall be permitted within %+ctm%
THE GREATER OF I40 FEET FROM A PROPERTY LINE
OR COUNTY ADOPTED SETBACK REOUIREMENTS FOR THE
STORAGE OF EXPLOSIVES.
21. Farm Tenant House
A [[special exception]] CONDITIONAL USE may be granted in the RC AND RR[[,
and R-2011 Districts for a farm tenant house, provided that:
a. The house is to be occupied by at least one person involved in a bona fide
farming operation of the owner;
b. The house shall be located on a parcel of at least 25 acres but less than 50
acres in area.
22. Fast Food Restaurant
A [[special exception]] CONDITIONAL USE may be granted for a fast food
restaurant in the B-I. M-l or M-2 Districts, PROVIDED THAT:
A. AT LEAST 20 PERCENT OF THE SITF, AREA WILLBE LANDSCAPED.
THE LANDSCAPING PLAN MUST INCLUDE PLANTINGS WHICH
ENHANCE THE APPEARANCE OF THE SITE FROM PUBLIC ROADS
AND PROVIDE BUFFERING FOR ADJACENT USES.
B. THE PETITION DEMONSTRATES THAT NOISE GENERATED BY
SPEAKERS FOR DRIVE-THROUGH SERVICE LANES WILL NOT BE
AUDIBLE FROM RESIDENTIALLY-ZONED LAND.
C. IF THE SITE BORDERS A RESIDENTIAL DISTRICT:
(1) ADETAILED LIGKSINGPLAN MUST BE APPROVED BY THE
BOARD OF APPEALS.
(2) SOLID WALLS SUCH AS MASONRY OR WOOD AND
MASONRY MAY BE REQUIRED BY THE BOARD OF
APPEALS. WHEN SOLID WALLS ARE REQUIRED,
LANDSCAPE PLANTING IS REQUJRED BETWEEN THE
WALL AND THE PROPERTY LINE.
24. Funeral Homes and Mortuaries
A [[special exception]] CONDITIONAL USE may be granted in the RC, RR, R-ED
or R-20 Districts for hneral homes or mortuaries provided that:
a. The area of the lot shall be not less than three acres[[; and]].
b. The site [[is directly accessible: to at least one]] HAS FRONTAGE ON AND
DIRECT ACCESS TO A [[minor]] collector OR ARTERIAL highway
DESIGNATED IN THE GENERAL PLAN [[; and]].
c. The design of NEW strumctures OR ADDITIONS TO EXISTING
STRUCTURES will be compatible IN SCALE AND CHARACTER WITH
RESIDENTIAL DEVELOPMENT IN THE VIClMTY [[ with that of other
structures in the vicinity]], AS DEMONSTRATED BY ARCHITECTURAL
ELEVATIONS OR RENDERINGS SUBMITTED WITH THE PETITION.
D. BUILDINGS. PARKING AREAS AND OUTDOOR ACTIVITY AREAS
WAYS. THE BOARD OF APPEALS MAY REDUCE THIS SETBACKTO
BY THE ZONING DISTRICT, WHICHEVER IS GREATER, if.
EQUIVALENT OF. BETTER BUFFER FOR VICINAL
RESIDENTIAL DEVELOPMENT OR;
SCREENING, CONS ISTINGOF ACOMBNATION OF A SOLID
COMBINATION, THAT PRESENTS AN ATTRACTIVE AM)
EFFECTIVE BUFFER FOR NEIGHBORING PROPERTIES.
E. AT LEAST 20 PERCENT OF THE AREA WITHIN THE BUILDING
ENVELOPE SHALL BEGREEN SPACE, NOT USED FOR BUILDINGS,
PROPERTY LINES AND PUBLIC STREET RIGHTS-OF-WAY.
F. CREMATORIUMS ARE PERMITTED AS ACCESSORY USES TO A
FUNERAL HOME OR MORTUARY.
25. Gasoline Service Stations
A [[special exception]] CONDITIONAL USE may be granted in the B-2, SC, M-1,
M-2, or PEC Districts for gasoline service stations, PROVIDED THAT:
[[Before granting a special exception the Board of Appeals must find that:
a. There is a probability of a reasonable public need for the proposed gasoline
service station. In making this determination for a new service station, the
Board shall take into account market data submitted by the petitioner.
b. The use will not create a traffic hazard or traffic congestion.
c]]A. The use will not adversely affect the general welfare or logical development
of the neighborhood or area in which the station is proposed AND WILL
NOT HAVE A BLIGHTING INFLUENCE AS A RESULT OF A
PROLIFERATION OF GASOLINE SERVICE STATIONS WITHIN A
PARTICULAR AREA.
[[d. Site Development
The special exception plan shall indicate compliance with the following site
development standards:]]
B.[[(l)]] The minimum lot size for a gasoline service station is 20,000 square feet. If
a gasoline service station is combined with another use on the same lot, the
minimum lot size shall be increased in accordance with the provisions of
Section 131.N.25.i.
C.[[(2)]] The lot shall have at least 120 feet of frontage on a public road. If at the
intersection of two public roads, the total of the frontage along both roads
may be used if ingress or egress is provided to both roads.
[[(3) The main building shall include restroom facilities for the public.]]
D.[[(4)]] At least 20 percent ofthe site area shall be landscaped. The landscaping plan
shall include plantings which enhance the appearance of the site from public
roads and provide appropriate buffering for adjacent uses.
E.[[(5)]] Solid walls such as masonry or wood and masonry may be required by the
Board of Appeals when the site borders a residential district. When solid
walls are required, [[a planting strip]] LANDSCAPE PLANTING is required
on the outside of the wall.
F.[[(6)]] Refuse areas shall be fenced or screened from view. The plan shall indicate
the disposal methods to be used for all waste material GENERATED BY
VEHICLE REPAIR OPERATIONS [[, including waste oil gener:. zd by the
service station operation]].
G.[[(7)]] Access driveways and on-site paved areas shall be designed and located to
ensure safe and efficient movement of traffic and pedestrians. [[At least one
stacking space shall be provided on site for each fuel servicing space.
(8) Lighting shall be shielded and directed so that it does not illuminate residential
properties, does not shine directly onto any adjacent properties, and does not
produce glare which would cause a hazard for motor vehicle operators in the
vicinity of the site.]]
[[e]]H. Operation
(1) [[The operation shall be confined to normal gasoline service station
activities, except as provided for in Subsection f. below.]] Outside
operations shall be limited to the dispensing of gasoline, oil, water,
pressurized air, the changing of tires and minor servicing. Storage of
all automotive supplies shallbe within the main structure.
(2) Vending machines are permitted as an accessory use, provided they
are screened or enclosed if required by the Board of Appeals.
(3) The premises shall be maintained at all times in a clean and orderly
condition, including the care or replacement of plant materials
required in the landscaping plan. The responsibility for compliance
with this provision shall be with all parties having a lease or ownership
interest in the gasoline service station
(4) Where a gasoline service station is adjacent to a residential district, its
hours of operation AND A DETAILED LIGHTING PLAN shall be
[[established]] APPROVED by the Board of Appeals.
[[f]] I. Other Uses
(1) [[The uses listed below]] OTHER USES may be located on the same
lot as a gasoline service station, INCLUDING USES PERMITTED
IN THE ZONING DISTRICT AS WELL AS CAR WASHES AND
CONVENIENCE STQRES. provided that all uses are approved by
the Board of Appeals and the minimum lot area is increased to
accommodate the combination of uses [[on the site]]. [[As]] AT a
minimum [[requirement]], the minimum lot size of 20,000 square feet
must be increased by an area equal to the gross square footage of
floor area, parking area and loading or stacking areas required for the
additional uses [[on the site]].
(2) [[The following uses shall be permitted under the provisions of this
subsection:]] IN THE: PEC, -1 AND M-2 DISTRICTS, THE
GROSS FLOOR AREA OF CONVENIENCE STORES SHALL
NOT EXCEED 3,500 FEET.
[[(a) Rental ofautornobiles, two-wheeled vehicles, trucks, trailers,
tractors, mowers, and other vehicles, provided that the storage
areas for such uses are clearly noted on the special exception
plan, are separate from parking and circulation areas and are
screened from adjacent residentially zoned properties.
@) Convenience stores, provided that the gross floor area does
not exceed 3.500 square feet.
(c) Car washes.
(d) Uses which are permitted as a matter of right in the district in
which the site is located.]]
[[g]] J. Abandonment
(1) The premises (including landscaping) of any gasoline service station
which is not in continuous operation or is abandoned shall be
maintained in the same manner as is required under these regulations
for operating gasoline service stations. [ F o r purposes of this
subsection, "continuous operation" shall mean operation as agasoline
service station at least eight hours per day, five days per week.]]
(2) A [[special exception]] CONDITIONAL USE for a gasoline service
station shall become void upon notice of abandonment by the owner.
If notice of abandonment is not received, but it is determined by the
Department of Planning and Zoning that a gasoline service station has
not been in continuous operation for a period of twelve months, a
revocation hearing shall be initiated by the Department of Planning
and Zoning in accordance with the procedures set forth in Section
131.L. FOR PURPOSES OF THIS SUBSECTION,
"CONTINUOUS OPERATION" SHALL MEAN OPERATION AS
A GASOLINE SERVICE STATION AT LEAST EIGHT HOURS
PER DAY, FIVE DAYS PER WEEK.
(3) [[Within six months of a notice of abandonment by the owner, or of
revocation of the special exception by the Board of Appeals,]] IF A
GASOLINE SERVICE STATION IS ABANDONED AND THE
CONDITIONAL USE BECOMES VOID AS PROVIDED ABOVE,
ALL [[site improvements shall be razed and removed, including all
underground storage tanks]] GASOLINE PUMPS, PUMP ISLAND
CANOPIES AND OTHER IMPROVEMENTS (NOT INCLUDING
BUILDINGS) SHALL BE REMOVED FROMTHE SITE WITHIN
SIX MONTHS OF THE DATE THE P
CONDITIONAL USE BECOMES VOID. [[However, if a Site
Development Plan is submitted to the Department of Planning and
Zoning within the six month period for a permitted use ofthe property
the site improvements may be converted to the permitted use.]]
Historic Building Uses
Aspecmtexceptron CONDITIONAL USE may be granted for the conversion
o f a historic building in the RC, R-ED, R-20, R-12, R-SC, R-SA-8, R-A-
15, R-MH, POR, B-1, B-2, M-1, and M-2 Districts to apartments and in the
RC, R R R-ED, R-20, R-12, R-SC, R-SA-8, [[and]] R-A-15 AND R-MH
Districts [[for]] to business and professional offices and community meeting
[[houses]] HALLS, provided that:
a. The building is a historic structure as defined in these regulations.
b. The maximum number of dwelling units permitted on a residentially
zoned parcel shall be as follows:
Zoning Maximum Dwelling Units
District Per Acre of Lot Area
RC or RR 1 per gross ITGROSS11 NET
acre
R-20 or R-ED 3 per [[gross]] NET acre
R-12 4.5 per [bross]] NET acre
R-SC 6 per [[gross]] NET acre
R-SA-8 12 per [[gross]] NET acre
R-A- 15 22 per [[gross]] NET acre
R-MH 12 PER NET ACRE
c. The maximum number of dwelling units permitted in a historic
building on a non-residential zoned parcel shall be one dwelling unit
per 5,000 square feet of lot area.
d. [ m o new exterior construction shall be permitted. However, minor
exterior repairs and external changes required by health or safety
regulations may be permitted. All permitted exterior repairs must be
approved by the Historic District Commission as architecturally
compatible with the original building.]] EXTENSION OR
ENLARGEMENT OF THE PRI-NCIP AL HISTORICAL
STRUCTURE AND ALL ACCESSORY STRUCTURES MAY
NOT EXCEED FIFTY PERCENT OF THE GROSS FLOOR AREA
OF EACH INDIVIDUAL BUILDING ABOVE THAT WHICH
EXISTED ON AUGUST I, 1989, WHEN Z.B. 882R WAS
ADOPTED ADDING TI& HISTORIC BUILDING USE
CATEGORY TO THESE REGULATIONS.
e. [[Any exterior changes to the site, such as alterations to existing
landscaping or the addition of driveways and parking areas, shall be
designed to have minimal impact on the environmental setting of the
historic site.]] EXTERIOR ALTERATIONS TO THE STRUCTURE
AND SITE SHALL BE APPROVED BY THE HISTORIC
DISTRICT COMMISSION AS ARCHITECTURALLY
COMPATIBLE WITH THE HISTORIC STRUCTURE.
f A historic building converted into a community meeting [[house]]
HALL or ofices shall be subject to the following standards:
(1) No material or equipment shall be stored outside ofstmctures.
(2) Parking areas shall be set back a minimum of 30 feet from all
property lines or public street rights-of-way[[. Parking areas
shall be]] AND screened from the roadway and adjacent
properties [[by a three-foot high landscaped earth mound
unless alternative elements are approved as part of the special
exception plan.]]
(3) The site shall have FRONTAGE ON AND direct access onto
a COLLECTOR OR ARTERIAL [[public]] road designated
in the General Plan.
27. Home-Based Contractors
RR [[and R-2011 Districts for home-based contractors, subject to the following
requirements, except that landscape contractors are permitted [[by]] ELSEWHERE
IN Section 13l.N.[[48]], AND HOME-BASED CONTRACTORS MEETINGTHE
REQUIREMENTS OF SECTION l28.C.2 ARE PERMITTED ACCESSORY
USES:
[[a. In the R-20 District, the lot shall be larger than one acre.
b]]A. The number of commercial vehicles parked on the site shall be limited to [[the
following:]]
[[(I) In the RC and RR Districts,]] one commercial vehicle for lots
one acre or smaller, two commercial vehicles for lots between
one and three acres, [[and]] three commercial vehicles for lots
[[at least three and not more than five acres. The Board of
Appeals shall determine the maximum number of commercial
vehicles which may be parked on lots larger than five acres on
a case by case basis.]] AT LEAST THREE AND NOT
MORE THAN 20 ACRES, AND FIVE COMMERCIAL
VEHICLES FOR LOTS LARGER THAN 20 ACRES.
[[(2) In the R-20 District, no more than two commercial vehicles.]]
[[c]]B. The area used for parking and storage of commercial vehicles, equipment and
supplies, whether exterior or interior, shall be limited to[[:
(1) In the RC and RR District,]] no more than five percent of the
area of the lot OR 10,000 SQUARE FEET, WHICHEVER IS
LESS.
[[(2) In the R-20 District, no more than 800 square feet plus 200
square feet per acre of lot area.]]
[[d]]C. [[All structures and uses which are part of the special exception operation
shall be at least 50 feet from lot lines]] STRUCTURES USED FOR THE
CONDITIONAL USE SHALL BE AT LEAST 50 FEET FROM LOT
LINES AND ALL OUTDOOR PARKING OR STORAGE AREAS SHALL
BE AT LEAST 100 FEET FROM LOT LINES, unless the Board of Appeals
finds that a lesser setback is more appropriate and will not adversely affect
neighboring properties due to visual impact, activity, noise, dust, fumes, or
other cause.
[[el] D. The location and design of the operation shall be such that the use will not be
a nuisance to residents of neighboring properties due to noise, dust or fumes.
Particular consideration shall be given to the location of loading areas, parking
and circulation areas, and driveways in relation to neighboring properties.
[[fJE. If the driveway providing access to the proposed site is shared with other
properties, the petitioner shall demonstrate that the use will not result in
damage to or deterioration ofthe shared driveway or in increased hazards to
other users of the driveway.
Parking and other outdoor uses shall be screened from adjoining properties
and public roads by landscaping or other appropriate means.
[[Structures]] NEW STRUCTURES OR ADDITIONS T O EXISTING
STRUCTURES shall be designed to be compatible in appearance with other
residential or agricultural structures in the vicinity, AS DEMONSTRATED
BY ARCHITECTURAL ELEVATIONS OR RENDERINGS SUBMITTED
WITH THE PETITION.
Minor repairs to vehicles or equipment shall be permitted, provided such
activities take place inside a building. Body work, engine rebuilding, engine
reconditioning, painting and similar activities shall not be permitted.
A home-based contractor which meets the requirements of Section 128.C.2
is a permitted accessory use in the RC, RR and R-20 Districts and does not
require a special exception.]]
28. Home Occupations
A [[special exception]] CONDITIONAL USE may be granted in the RC, RR, R-ED, R-20,
R-12, R-SC, R-SA-8, R-A-15, R-MH, R-VH, and PGCC Districts for home occupations
SUBJECT TO THE FOLLOWING REQUIREMENTS, EXCEPT THAT HOME
OCCUPATIONS MEETING ALL REQUIREMENTS OF SECTION 128.C.1 ARE
PERMITTED ACCESSORY USES[[, provided that]]:
a. [Borne occupations meeting all requirements of Section 128.C.1 are
permitted accessory uses and do not require special exception approval.]]
HOME OCCUPATIONS APPROVED UNDER THIS SECTION SHALL
BE LIMITED TO THE FOL,LOWTNG USES:
(1) ART OR HAND CR4FT STUDIOS;
(2) DRESSMAKER, SE.4MSTRESS, TAILOR AND SIMILAR USES;
(3) TYPING OR COMPUTER SERVICES;
(4) BUSINESS OR PROFESSIONAL OFFICES.
b. The total area devoted to a home occupation shall not exceed 33% of the
gross floor area of the dwelling.
c. The home occupation shall be located entirely within the dwelling, an
accessory building, or both, except that a home office which may be visited
by clients shall be located within the principal dwelling.
d. The home occupation shall not alter the residential character or appearance
of the dwelling or the lot. An accessory building used for the home
occupation must be compatible in scale, character and appearance with the
residential character of the site and the neighborhood.
e. There shall be no exterior evidence, other than a permitted sign, to indicate
that the site is being used for any purpose other than that of a dwelling.
Exterior evidence shall include outdoor display or storage, noise, dust,
vibration, glare, hmes or odors.
E No sale or rental of commodities shall take place on site.
g. The home occupation shall be conducted by persons residing in the dwelling.
In addition, not more than three [[hll-time equivalent]] employees not
residing in the dwelling may work on site at one time in connection with the
home occupation.
h. No business-related deliveries by trucks with more than two axles shall be
permitted. Parcel post and other similar delivery trucks are permitted.
I. [[Off-street]] BUSTNESS-RELATED OFF-STREET parking areas [[for
employees, customers or clients]] shall be screened from public roads and
neighboring properties.
[[j. Home occupations approved under this section shall be limited to the
following uses:
(3) art or hand craft studios;
(4) dressmaker, seamstress, tailor and similar uses;
(5) typing or computer services;
(6) business or professional offices.]]
29. [[Homes - Nursing, Children's and Group Care Facilities]] NURSING HOMES
AND RESLDENTIAL CARE FACILITIES
A spniatnmptian CONDITIONAL USE may be granted in the RC, RR, R-ED,
R-20, R-12, R-SC, R-SA-8, R-A-15, R-MH, or R-VH Districts, for nursing [[and
children's]] homes[[,]] and [[group]] RESIDENTIAL care facilities, provided that:
A. THE FACILITY SHALL HAVE 16 OR FEWER BEDS.
[[all B. The lot for which the home is proposed is at least 40,000 square feet in size.
C. THE DESIGN OF NEW STRUCTURES OR ADDITIONS TO EXISTING
STRUCTURES WILL BE COMPATIBLE IN SCALE AND CHARACTER
WITH RESIDENTIAL DEVELOPMENT IN THE VICINITY, AS
DEMONSTRATED BY ARCHITECTURAL ELEVATIONS OR
RENDERINGS SUBMITTED WITH THE PETITION SHOWING.
[[b The proposed site shall have safe road access.
c. The design ofthe facility is such that no noise or odors from such activities as
kitchens or loading areas, can be detected beyond the lot line
d. Outdoor lighting shall not shine onto or illuminate adjoining properties.
e. Parking areas, loading areas and trash storage areas shall be adequately
screened from view.]]
D. BUILDINGS, PARKING AREAS AND OUTDOOR ACTIVITY AREAS
WAYS. THE BOARD OF APPEALS MAY REDUCE THIS SETBACK TO
BY THE ZONING DISTRICT, WHICHEVER IS GREATER, IF:
EQUIVALENT OIR BETTER BUFFER FOR VICINAL
COMBINATION. THAT PRESENTS AN ATTRACTIVE AND
EFFECTIVE BUFFER FOR NEIGHBORING RESIDENTIAL
PROPERTIES.
E. AT LEAST 20 PERCENT OF THE AREA WITHIN THE BUILDING
ENVELOPE SHALL BE GREEN SPACE, NOT USED FOR BUILDINGS,
30. [[Housing for Elderly and/or Handicapped Persons]] AGE-RESTRICTED

ADULT HOUSING
A [[special exception]] conditional use may be granted in the RC, RR, R-ED, R-20,
R-12, R-SC, R-SA-8, or R-A-15 District,, for [[housing for elderly andor
handicapped persons, subject to the following standards:]] AGE-RESTRICTED
ADULT HOUSING, provided that:
a. Single-family detached, semi-detached, attached, and apartment dwelling units
shall be permitted, EXCEPT THAT ONLY DETACHED AND SEMI-
DETACHED UNITS ARE PERMITTED M THE RC AND RR
DISTRICTS.
[[b. Accessory uses may include recreational and education services, therapy
areas, retail stores, personal and professional services, and health services,
provided that use of these facilities is limited to on-site residents and their
guests.
c. The uses shall not produce adverse effects on the use or development of the
surrounding area due to noise, odor, lights, or any other reason.
d. Transportation to medical services, shopping areas. recreational and other
community services shall be available to residents if such services are not
provided on the site for residents.
e. Safe public road access shall be available.
f The following development standards shall apply:
(1) The minimum lot size shall be three acres in the RC and RR districts,
one acre in the R-ED and R-20 Districts, and % acre in all other
permitted districts.]]
B. THE DEVELOPMENT WILL HAVE AMDOMUM OF f 8 a D W E L L I N G
UNITS.
[[(2)]] C. The maximum density shall be as follows:
Zoning District Maximum Dwelling Units Per Acre:
RC or RR u2111 PER
NET ACRE"
R-20 or R-ED 5 per [[gross]] NET acre
R-12 6 per [[gross]] NET acre
R-SC 8 per net acre
R-SA-8 12 per net acre
R-A- 15 25 [[20]] per net acre
D. THE DEVELOPMENT SHALL COMPLY WITH THE FOLLOWING
BULK REQUIREMENTS:
(1) MAXIMUM HEIGHT:
I. APARTMENTS . . . . . . . . . . . . . . . . . . . . . . . . 40 FEET
11. OTHER PRINCIPAL STRUCTURES . . . . . . . . 34 FEET
111. ACCESSORY STRUCTURES . . . . . . . . . . . . . 15 FEET
(2) MINIMUM STRUCTURE AND USE SETBACK FROM
PERIMETER OF DEVELOPMENT:
I. FROM ARTERIAL OR COLLECTOR PUBLIC STREET
. RIGHT-OF-WAY ....................... 40 FEET
11. FROM OTHER EXTERNAL STREET
RIGHT-OF-WAY . . . . . . . . . . . . . . . . . . . . . . . 30 FEET
111. FROM RC, RR, R-ED, R-20, R-12 OR R-SC DISTRICTS
APARTMENTS . . . . . . . . . . . . . . . . . . . . . . . . 75 FEET
OTHER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50FEET
IV. FROM ZONING DISTRICTS OTHER THAN RC, R-
ED, R-20, R-12
ORR-SC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20FEET
(3) MINIMUM STRUCTURE SETBACK FROM INTERIOR
ROADWAY OR DRIVEWAY FOR
UNITS WITH GARAGES . . . . . . . . . . . . . . . . . . . . . . 20 FEET
(4) MINIMUM STRUCTURE SETBACK FROM LOT LINES FOR
SINGLE-FAMILY DETACHED UNITS
I. SIDE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5FEET
EXCEPT ZERO LOT LINE DWELLINGS . . . . . 0 FEET
A MINIMUM OF 15 FEET MUST BE PROVIDED
BETWEEN STRUCTURES
11. REAR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20FEET
(5) MINIMUM DISTANCE BETWEEN SINGLE-FAMILY
DETACHED AND/OR ATTACHED DWELLINGS:
I. FOR UNITS ORIENTED FACE-TO-FACE . . . 30 FEET
n. FOR mrrs ORIENTED SIDE-TO-SIDE . . . . 15 FEET
111. FOR UNITS ORIENTED FACE-TO-SIDE OR
REAR-TO-SIDE . . . . . . . . . . . . . . . . . . . . . . . . 20 FEET
IV. FOR UNITS ORIENTED REAR-TO-REAR . . . 40 FEET
V. FOR UNITS ORIENTED FACE-TO-REAR . . . 100 FEET
(6) MINIMUM DISTANCE BETWEEN APARTMENT BUILDINGS
OR BETWEEN APARTMENT BUILDINGS AND SINGLE-
FAMILY DWELLINGS:
I. FOR UNITS ORIENTED FACE-TO-FACE . . . 30 FEET
11. FOR UNITS ORIENTED SIDE-TO-SIDE . . . . 15 FEET
111. FOR UNITS ORIENTED FACE-TO-SIDE OR
REAR-TO-SIDE . . . . . . . . . . . . . . . . . . . . . . . . 30 FEET
IV. FOR UNITS ORIENTED REAR-TO-REAR . . . 60 FEET
V. FOR UNITS ORIENTED FACE-TO-REAR . . . 100 FEET
[[(3)]]E. At least 50 percent of the gross site area in the RC, and RR[[,R-ED, R-20
and R-1211 Districts, and at least 35 percent in the R-ED, R-20, R-12, R-SC,
R-SA-8 and R-A- 15 Districts, shall be open space or open area in accordance
with the Subdivision and Land Development Regulations. The open space
or open area shall provide AMENITIES SUCH AS PATHWAYS, SEATING
AREAS AND recreation areas [[and other amenities]] for the residents, and
shall be protective of natural features.
[[(4)]]F. ACCESSORY USES MAY INCLUDE SOCIAL, RECREATIONAL,
EDUCATIONAL, HOUSEKEEPING, SECURITY, TRANSPORTATION
OR PERSONAL SERVICES, PROVIDED THAT USE OF THESE
SERVICES IS LIMITED TO ON-SITE RESIDENTS AND THEIR
GUESTS. [[Business uses which are permitted as accessory uses shall be
integrated with the dwelling units and oriented towards the interior of the
project. No exterior signs or other evidence of business facilities shall be
visible from the periphery of the site.]]
wM=E
-
G. AT LEAST ONE ON-SITE COMMUNITY BUILDING OR INTERIOR
COMMUNITY SPACE SHALL BE PROVIDED THAT CONTAINS A
MINIMUM OF.
20 SOUARE FEET OF FLOOR AREA PER DWELLING UNIT

FORDEVELOPMENTS OFLESS THAN 100DWELLING UNITS,
-
OR
Q
J I0 SQUARE FEET OF FLOOR AREA PER DWELLING UNIT
FOR DEVELOPMENTS OF 100 OR MORE DWELLING UNITS
[[(5)]] H. Loading and trash storage areas shall be adequately screened from view.
[[(6)]] I. The project shall be designed to provide a transition or adequate buffering
near the periphery of the site, either with open space areas and landscaping,
or by designing the buildings near the periphery to be [@armonious in density
and type]] COMPATIBLE IN SCALE AND CHARACTER with [[the
surrounding neighborhood,]] RESIDENTIAL DEVELOPMENT IN THE
VICINITY AS DEMONSTlUTED BY ARCHITECTLTRALELEVATIONS
OR RENDERINGS SUBMITTED WITH THE PETITION.
[[(7)]] J. [[Open]] FOR A DEVELOPMENT THAT WILL BE BUILT IN PHASES,
OPEN space areas, recreational facilities and other accessory facilities shall
be [[developed]] PROVIDED in each phase [[of development]] to meet the
needs of the residents. The developer shall provide a schedule for the
installation offacilities at the time the CONDITIONALUSE
is approved.
K. THE PETITION SHALL ESTABLISH HOW THE AGE RESTRICTIONS
REQUIRED UNDER THE DEFINITION OF THIS USE WILL BE
IMPLEMENTED AND MAINTAINED OVER TIME. IF THE
DEVELOPMENT WILL NOT BE A RENTAL COMMUNITY UNDER
SINGLE OWNERSHIP. AN ENTITY SUCH AS A CONDOMINIUM
ASSOCIATION OR HOMEOWNERS ASSOCIATION SHALL BE
ESTABLISHED TO MAINTAIN AND ENFORCE THE AGE
RESTRICTIONS IN ADDITION TO COUNTY ENFORCEMENT OF
ZONING REGULATIONS.
L. ALL OPEN SPACE, COMMON AREAS ANDRELATED
IMPROVEMENTS SHALL BE MANAGED AND MAINTAINED BY A
COMMON ENTITY, EITHER THE OWNER OF THE DEVELOPMENT,
A CONDOMINIUM ASSOCIATION. OR A HOMEOWNERS
ASSOCIATION.
M. THE PETITION SHALL INCLUDE FLOOR PLANS OR OTHER
MATERIAL DEMONSTRATINGTHATTHE PROPOSED DWELLINGS
WILL BE APPROPRIATE FOR THE AGE-RESTRICTED POPULATION,
INCLUDINGDESIGN FEATURES THAT INCORPORATEUNIVERSAL
DESIGN PRW€PHS PRINCIPLES TO BE ACCESSIBLE TO OR
ADAPTABLE FOR RESIDENTS WITH LIMITED MOBILITY AND
OTHER AGE RELATED FUNCTIONAL LIMITATIONS. THE PETITION
MUST INCLUDE A LIST OF INTERIOR FEATURES THAT MAKE
INDIVIDUAL DWELLING UNITS ADAPTABLE AND MUST
DEMONSTRATE THAT ACCESSIBLE ROUTES WILL BE PROVIDED
BETWEEN PARKING AREAS, SIDEWALKS, DWELLING UNITS AND
COMMON AREAS.
N. AT LEAST TEN PERCENT OF THE DWELLING UNITS SHALL BE
MODERATE MCOME HOUSING UNITS IN ACCORDANCE WITH
STANDARDS AND PROCEDURES ADOPTED BY THE COUNTY
COUNCIL.
31. Junk Yard
A [[special exception]] CONDITIONAL USE may be granted for a junk yard in the
M-2 District, provided that,
a. The lot for the proposed junk yard shall be not less than one but not more
than five acres.
[[b. No automobile or vehicle not in running condition, no machinery or other junk
or scrap shall be located, either for storage or dismantling within 300 feet of
any other zone, within 50 feet of any public street or highways, right-of-way
nor within 30 feet of any property line.
c. The Board of Appeals shall require the location and erection of such walls or
fences, or require the planting of such shrubbery or trees, as may be
reasonable and proper to afford adequate screening of the junk yard.]]
B. OUTDOOR AREAS USED FOR THE PROCESSING, DISMANTLING,
CLEANING OR STORAGE OF PARTS, MATERIAL OR MOTOR
VEHICLES WILL BE:
(1) AT LEAST 300 FEET FROM ANY OTHER ZONING DISTRICT,
AT LEAST 50 FEET FROM PUBLIC STREET RIGHTS-OF-WAY
AND AT LEAST 30 FEET FROM PROPERTY LINES; AND
(2) ENCLOSED BY A SOLID WOOD OR MASONRY WALL OR
FENCE, 6 TO 8 FEET HIGH, OF A DESIGN APPROVED BY THE
BOARD OF APPEALS. BUILDJNG WALLS MAY FORM PART
OF THE ENCLOSURE.
[[dl] C. No [[stock piling]] STORAGE of tires shall be permitted in a junk yard
WITHOUT THE REQUIRED PERMITS FROM THE MARYLAND
DEPARTMENT OF THE ENVIRONMENT.
32. Kennels and Pet Grooming Establishments
A [[special exception]] CONDITIONAL USE may be granted in the RC, RR[[, R-
ED]] or R-20 Districts for kennels or pet grooming establishments, and in the BR or
B-I Districts for kennels, provided that:
a. For kennels housing or training eleven or more [[dogs]] ANIMALS at [[any]]
one time, the following requirements shall apply:
(1) Minimum lot size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 acres
(2) Minimum setback for [[any]] outside pens [[or]] AND runs
from any lot line . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 feet
(3) Minimum structure setback
(a) From public street right-of-way . . . . . . . . . . . . . . 100 feet
(b) From any other lot line . . . . . . . . . . . . . . . . . . . . 200 feet
(4) The Board of Appeals may reduce the 200 foot setback from lot lines
for structures and outside pens or runs to a distance no less than 100
feet if it finds that the setback reduction will not adversely affect
neighboring properties due to visual impact. noise, dust, odors or
other causes, and that the pen, run or structure will be located at least
200 feet from existing dwellings on different lots. Outside pens and
runs for which this setback reduction is approved shall be enclosed by
solid fences or walls.
b. For pet grooming establishm'entsnot located completely within a residence,
or for kennels housing or training no more than ten [[dogs]] ANIMALS at
any one time, the following requirements shall apply:
(1) Minimum lot size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 acres
(2) Minimum setback for [[outdoor]] OUTSIDE pens and runs
&om
any lot line . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .[[SO]] 100 feet
(3) Minimum structure setback:
(a) From public street right-of-way . . . . . . . . . . . . . . . 75 feet
@) From any other lot line . . . . . . . . . . . . . . . . . . . . . . 30 feet
For pet grooming establishments in which all business activities take place
within a residence, the minimum lot size shall be one acre.
All parking areas and outside pens and runs, and as appropriate, all buildings
shall be screened by landscaping or other suitable means from adjoining
properties and public street rights-of-ways.
Disposal of wastes must be such that odors or other emissions are not
perceptible at lot lines;
Outside lighting must be shielded so that direct light does not shine beyond lot
lines. In the RC, RR and R-20 Districts, outside lighting shaU be designed so
as not to illuminate vicinal prsoperties.
Upon approval of the Board of Appeals, a caretaker's residence may be
allowed as an accessory use to a kennel.]]
A KENNEL FOR THE BOARDING OF DOGS OR CATS FOR WHICH A
FEE IS CHARGED MUST HAVE FRONTAGE ON AND DIRECT
ACCESS TO A COLLECTOR OR ARTERIAL ROAD DESIGNATED IN
THE GENERAL PLAN.
33. GASES, Manufacture, Sale, Storage and Distribution of Acetylene and Other
Non-toxic Industrial [[Gasesll
A [[special exception]] CONDITIONAL USE may be granted in the M-2 Zoning
District for the manufacture, sale, storage and distribution of acetylene and other non-
toxic industrial gases provided that:
[[a. No manufacture or above-ground storage be permitted within three hundred
feet of any school, hospital or church;
b]]A. Maximum above-ground storage shall not exceed 10,000 gallons or its
equivalent in pounds or cubic feet for each 20,000 square feet of lot area;
[[c]]B. When the site is closed or not operated for a continuous period of twelve
months, the gas storage facilities [[thereon]] shall be dismantled and removed
from the site;
[[d. Applicable Federal, State and County health, fire and environmental codes
shall be followed;
e]]C. The minimum setback from all property lines shall be fifty feet.
34. Mobile Homes for Security Purposes
A [[special exception]] CONDITIONAL USE may be granted in the M-1 or M-2
District for one mobile home to be used for security purposes, provided [[that:
a. The]] THAT THE property [[shall be]] IS at least 10 acres in size and contains an
outdoor storage facility for equipment, supplies or products in connection with a use
permitted in the M-l or M-2 District.
[[b. The mobile home shall bear a label certifying that it complies with the
standards of the National Manufactured Housing and Safety Standards Act of
1974 as promulgated by the C'nited States Department ofHousing and Urban
Development (HLTD).]]
35. Movie Theaters, Legitimate Theaters, Dinner Theaters
A [[special exception]] CONDITIONAL USE may begranted in the M-1 District for
movie theaters, legitimate theaters and dinner theaters, provided that a determination
is made by the Board of Appeals that such use will not constitute a nuisance because
of sidewalk or street traffic, noise or physical activity, that such use will not adversely
affect the use of adjoining properties, that adequate off-street parking facilities are
available in close proximity to the proposed use, and that there is a reasonable need
for the proposed use within the Light Manufacturing District (M-I).
36. Museums and Libraries
A rrspecial exceotionll CONDITIOKAL USE mav be granted in the RC. RR. R-ED,
or R-20 districts for museums. art galleries. and libraries. orovided that a
determination is made bv the Board of A ~ ~ e athat
l s such use will not constitute a
nuisance because of sidewalk or street traflic. noise or ~hvsicalactivitv. and that such
use will not tend to adverselv affect the use and development of adioinina oroverties
37. Nonprofit Clubs, Lodges, Community Halls and Camps
A [[special exception]] CONDITIONAL USE may be granted in the RC, RR, R-ED
or R-20 Districts for non-profit clubs and similar organizations, provided that:
[[a. Any structure shall be located at least 100 feet from any side or rear lot line,
except that a setback of 50 feet from a commercial or industrial district shall
be allowed. The front structure setback shall be at least 75 feet.
b. Total building coverage shall not be more than 20 percent of the area of the
site.]]
A. BUILDINGS, PARKING AREAS AND OUTDOOR ACTIVITY AREAS
ZONED PROPERTIES OTHER THAN PUBLIC ROAD RIGHT-OF
WAYS. THE BOARD OF APPEALS MAY REDUCE THIS SETBACKTO
BY THE ZONING DISTRICT, WHICHEVER IS GREATER, IF:
EQUIVALENT OR BETTER BUFFER FOR VICMAL
RESIDENTIAL DEVELOPMENT. OR;
SCREENING, CONSISTING OF A COMBINATION OF A S O L D
FENCE OR WALL AND LANDSCAPING. OR AN EQUIVALENT
B. AT LEAST 20 PERCENT OF THE AREA WITHIN THE BUILDING
ENVELOPE WILL BE GREEN SPACE, NOT USED FOR BUILDINGS,
[[c. Safe public road access shall be available.
d. One mobile home or caretaker's dwelling for security purposes for day and
overnight camps may be permitted on parcels of 25 acres or greater.]]
C. OUTDOOR USES WILL BE LOCATED AND DESIGNED TO SHIELD
RESIDENTIAL PROPERTY FROM NOISE OR NUISANCE.
D. THE SITE HAS FRONTAGE ON AND DIRECT ACCESS TO A
PLAN.
41. [[Public]] Utility Uses, PUBLIC
A [[special exception]] CONDITIONAL USE may be granted in the RC, RR, R-ED,
R-20, R-12, R-SC, R-SA-8, R-A-15, R-MH, R-VH, HO, HC, POR, B-1, B-2, SC,
BR, PEC, or PGCC Districts for the following public utility uses, subject to certain
conditions:
a. Permitted Uses:
(1) Utility substations.
(2) Above ground pipelines.
(3) Pumping stations ANI) COMPRESSION STATIONS.
(4) [[Telephone exchanges.]] TELECOMMUNICATION EQUIPMENT
FACILITIES.
b. Special Conditions:
The proposed location, design and method of operation will not have
a detrimental effect on the privacy and quiet ofthe neighborhood and
the safety of its inhabitants.
The design of proposed buildings and the landscaping treatment ofthe
site will be in harmony with the area.
The Board finds a need for the proposed use.]]
The Board of Appeals may prescribe appropriate conditions and
safeguards to minimize adverse effects on the character of the
surrounding area, including requirements for soundproofing, for the
construction of fences, barriers or other safety devices, for surfacing
of access driveways, for shielding of lighting, andlor for landscaping
or screening.
When approving a public utility use, in its discretion, the Board of
Appeals may authorize future changes not requiring hrther Board of
Appeals approval. Such changes shall be limited to the addition,
relocation, or modification of foundations or equipment, or additions
to existing buildings, within a fence line approved by the Board of
Appeals.
[ [ ( 6 ) ] ] ( 5 ) When approving a public utility use, the Board of Appeals may
approve an accessory commercial commu~cations
tower to serve that
use.
42. Quarries - Rock, Stone, Sand, and Borrow Pits
A [[special exception]] CONDITIONAL USE may be granted in the RC, RR,M-1
or M-2 Districts for quames and borrow pits and other similar excavations for sand,
rock stone and minerals, provided that:
All applicable local, State or Federal laws, regulations or permitting
requirements shall be adhered to.
In the M-I District, accessory processing uses such as concrete manufacture
may be permitted if approved by the Board of Appeals.
The approved portion of the tract shall have a peripheral area which shall be
retained in its natural topographic condition, undisturbed by excavation [[of]]
or mining, 100 feet in width. The setback area shall not be used for any
purpose except planting, fencing and roads for ingress and egress to the tract.
The height of structures and any man-made land forms may be limited by the
Board of Appeals.
Equipment for washing, sorting, crushing, grinding, loading, unloading,
spreading, weighing, screening, sizing or similar operations shall not be
located within three hundred feet of a property line, except that the Board of
Appeals may permit sedimentation ponds to be closer than 300 feet, but not
closer than 100 feet to such property line if the applicant demonstrates the
topographic necessity of such a location and that sufficient safeguards will be
provided for the protection of neighboring residents and uses.
All operations shall be conducted in a safe manner with respect to the
likelihood of hazard to persons. physical or environmental damage to lands
and improvements and damage to any street, bridge or public right-of-way as
a result ofthe development or operation ofthe quarry [[granted by the special
exception]].
Existing trees and ground cover along public road frontage and lot lines shall
be preserved, maintained and supplementedby selective cutting, transplanting,
and addition of new trees, shrubs and ground cover.
Excavated areas shall be maintained thoroughly drained, except for draining
and ponding areas which are used for production.
All driveways serving the facility shall be treated or surfaced as necessary to
control dust.
The Board of Appeals shall limit the permit to operate such q u a y to a
specific expiration date.
[[k]]J. Operation hours for excavation, processing and filling operations shall be
restricted to between 7:00 a.m. and 6:00 p.m. No blasting shall be permitted
between the hours of 6:OOp.m. and 7:30a.m. No operation shall be permitted
on Sundays except for repairs to equipment. Only sales and deliveries may be
permitted on Saturdays.
[[I. Safe public road access shall be available.]]
[[m]] K. The speciatexrrphan CONDITIONAL USE plan submitted with thespetiat
ncrrptiarr CONDITIONAL USE application shall show the following:
Setback area, including screening and fencing.
Portion of tract, if any, actually being excavated, and proposed
excavation areas;
Existing and proposed structures and major mechanical equipment;
Existing and proposed access roads;
Water supply and sewage disposal;
All necessary pollution control measures;
Stockpile area;
Points of access to the site and provisions to control unauthorized
entry to the site along the entire perimeter;
Survey boundaries of the subject property and proposed operation
based on the Maryland State Plane Coordinate System.
A road condition study to determine the adequacy of the structural
elements serving the site for truck traffic to be generated by the
quarrY.
[[n]]L. Reclamation Plan
A reclamation plan at a scale of 1" = 200' shall be submitted at the time ofthe
CONDITIONAL USE application setting forth a plan for
reclamation of the permit area. A reclamation contour plan showing contour
intervals of 2 feet shall be included, indicating the general grades and slopes
to which excavated or filled areas are to be graded. A description of the
methods and materials proposed for rehabilitation of top soil shall be
specified. The reclamation schedule shall include specific information relating
to regrading, drainage, landscaping, erosion backfilling, removal of machinery
and structures, and closing of access roads. No reclamation plan shall be
approved unless it provides for the following minimum program:
(1) Regrading - All disturbed land shall be regraded as required by the
Maryland Department ofNatural Resources. Whenever the site of an
excavation for a quany is greater than 50 percent grade, the excavated
area shall be fenced with a durable galvanized fence six feet high,
located not less than 20 feet from the edge of excavation. The County
shall have the right to enter and repair or maintain such fence
whenever the property owner shall fail to do so. The property owner
shall be liable to the County for the cost ofthe repairs or maintenance.
(2) Landscaping, Erosion, Backfilling - All piles of disturbed earth or
material resulting from the excavating or filling operation shall be
graded to a smooth contour to control erosion and to prevent ponding
and undrained water pockets. The graded area shall be covered with
suitable soil to sustain growth, then vegetatively stabilized using a
perennial cover species as recommended by the County Soil
Conservation District.
(3) Removal of Machinery and Structures - ,411 machinery and
structures shall be completely removed and underlying excavations
filled to grade, except structures or machinery that are to be continued
in operation for a use permitted under the zoning classification.
(4) Access Roads - Upon the abandonment of excavation operations on
any site or portion thereof in the permit areas, all access roads shall be
suitably barricaded to prevent the passage of vehicles either into or
out of the abandoned area, except such access as needed for vehicles
engaged in rehabilitation work, until the plan for rehabilitation has
been completed and other use necessitating access has been
commenced on the property.
(5) Adequate Collateral o r Bonds - Detailed engineering studies shall
be pr wided by the petitioner setting forth the estimated cost of the
accepted plan for rehabilitation. Such studies shall be submitted for
the approval and periodic review of the Board of Appeals. A bond
shall be provided or adequate collateral shall be kept in escrow,
drawing interest to the benefit of the petitioner, to cover the estimated
cost ofthe accepted plan for rehabilitation. Such bond or money shall
only be released upon completion of the rehabilitation program.
[[o]] M. No excavation or processing operations shall be commenced on land in the
permit area until all persons having an interest of record in said land shall
cause to be recorded among the land records of the County:
A description of the area included within the permit area,
The application number and the date the permit was granted by the
Board of Appeals,
A statement indicating that use of the land will be in accordance with
an approved Site Development Plan and an approved rehabilitation
plan, and
A declaration binding their heirs and assigns to utilize the land in
accordance with said Site Development Plan and rehabilitation plan
until excavation processing or filling operations cease and
rehabilitation of the land is completed.
[[p]] N. The County and the applicant shall enter into an agreement providing that,
should the quarry have been operated in violation of any of the provisions or
conditions of the CONDITIONAL USE including failure to
comply with an approved rehabilitation plan, in such a way as to require
corrective action, the applicant shall cause the corrective action to be taken.
The agreement shall hither stipulate that, should the applicant fail to take the
necessary corrective action within 30 days of written notice from the County
to do so, the required bonds or collateral will be forfeited and the County may
cause corrective actions to be commenced. In addition, the applicant shall
agree to pay the costs for corrective action which exceed the bond or
collateral amount.
45. Religious Activities, Structures Used Primarily for
A [[special exception]] CONDITIONAL USE may be granted in the RC, RFt, R-ED,
R-20, R- 12, R-SC. R-SA-8, R-A-15, R-MH. or R-VH Districts for structures used
primarily for religious activities provided that:
ffa. Lot coverage shall not exceed 25 percent of lot area.
b.ffA. Structures used primarily for religious activities may be erected to a greater
height than permitted in the district in which it is located, provided that the
front, side and rear setbacks shall be increased one foot for each foot by which
such structure exceeds the height limitation gestablished for the district in
which such structure is located#.
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48. LANDSCAPE CONTRACTORS O R Retail Greenhouses [[, and Retail]] AND

Nurseries, [[Farm and Garden Supply Stores, Landscape Contractors, and
Florists]]
RR[[, R-ED or R-2011 Districts for retail greenhouses, retail nurseries, [[farm and
garden supply stores,]] AND landscape contractors [[or florists]], provided that:
A. THE SITE IS AT LEAST 5 ACRES IN AREA.
[[a]]B. All structures and uses which are part of the
CONDITIONAL USE including parking, DRIVEWAYS, storage, and areas
open to retail customers, shall be at least 50 feet from lot lines. unless the
Board of Appeals finds that a lesser setback i s more appropriate and will not
adversely affect neighboring properties due to visual impact, activity, noise,
dust, fumes or other cause.
[[i]]C. The location and design ofthe operation shall be such that the use will not be
a nuisance to neighboring properties due to noise, dust or hmes.
D. BUILDINGS USED FOR SALES, STORAGE OR OFFICES WILL BE
SCREENED OR COMPATrSLE IN SCALE AND CHARACTER WITH
OTHER RESIDENTIAL OR AGRICULTURAL STRUCTURES IN THE
VICJNITY. IF NEW STRUCTURES OR ADDITIONS TO STRUCTURES
ARE PROPOSED, ARCHITECTLTRALELEVATIONS ORRENDERINGS
MUST BE SUBMITTED WlTH THE PETITION.
E. THE FOLLOWING REQUIREMENTS APPLY TO RETAIL NURSERIES
OR GREENHOUSES:
[[The sale of]] THE PRINCIPAL BUSINESS USE SHALL BE THE
SALE OF PLANTS. IN ADDITION, ACCESSORY SALES OF
OTHER ITEMS RELATED TO GARDENING OR LAWN CARE
MAY BE PERMITTED, INCLUDING THE FOLLOWING:
[[plants,]] seeds, fertilizers, [[plant food,]] pesticides, firewood, hand
tools, hand spraying and watering equipment, and INCIDEWTAL
SEASONAL ITEMS [[other equipment directly related to farming,
residential gardening or lawn care, shall be permitted]]. SALE OF
GENERAL HARDWARE OR POWER EQUIPMENT IS NOT
PERMITTED.
SITES FOR RETAIL GREENHOUSES OR NURSERIES MUST
HAVE FRONTAGE ON AND DIRECT ACCESS TO A
COLLECTOR OR ARTERIAL ROAD AS DESIGNATED IN THE
GENERAL PLAN.
AREAS TO BE USED FOR ACCESSORY SALES OF ITEMS
RELATED TO GARDENING OR LAWN CARE SHALL BE
DESIGNATED ON THE -CONDITIONAL
USE PLAN.
ADEQUATE LANDSCAPING SHALL BE PROVIDED TO
SCREEN PARKING, STORAGE, DISPLAY AND OTHER
ACTIVITY AREAS RELATED TO THE
CONDITIONAL USE FROM RESIDENTIAL PROPERTIES.
FOLLOWWG REQUIREMENTS APPLY TO LANDSCAPE
CONTRACTORS:
(1) A LANDSCAPE CONTRACTOR WHICH IS A HOME-BASED
CONTRACTOR AS DEFINED IN THESE REGULATIONS AND
MEETS THE REQUIREMENTS OF SECTION 128.C.2 IS A
PERMITTED ACCESSORY USE AND DOES NOT REQUIRE A
CONDITIONAL USE.
(2) BUILDINGS AND OUTDOOR AREAS TO BE USED FOR
PARKING, LOADlNG AND STORAGE OF VEHICLES,
EQUIPMENT, TOOLS AND SUPPLIES SHALL BE
DELINEATED ON THE CONDITIONAL
USE PLAN AND LOCATED AT LEAST 100 FEET FROM LOT
LINES AND PUBLIC ROADS.
OUTDOOR PARKING AND STORAGE AREAS SHALL BE
SCREENED FROMNEIGHBOmGPROPERTIES AND ROADS.
MINOR REPAIRS TO VEHICLES OR EQUIPMENT ARE
PERMITTED, PROVIDED SUCH ACTIVITIES TAKE PLACE
INSIDE A BUILDING. BODY WORK, ENGINE REBUILDING,
ENGINE RECONDITIONING, PAINTING AND SIMILAR
ACTIVITIES ARE NOT PERMITTED.
Tools and equipment used in whole or in part for the special exception
operation shall not be stored outdoors.
For landscape contractors, an area shall be designated to be used solely for the
storage of equipment and supplies used in the contracting business.
The minimum lot size for florists and farm and garden supply stores shall be
two acres.
The minimum lot size for landscape contractors, retail nurseries and retail
greenhouses shall be five acres.
Adequate landscaping shall be provided to screen all structures, parking,
storage and other activity areas related to the spetiatexrrptratr
CONDITIONAL USE from residential properties.
Safe road access with adequate sight distance shall be available.
A landscape contractor which is a home-based contractor a s defined in these
regulations and meets the requirements of Section 128.C.2 is a permitted
accessory use in the RC, RR or R-20 District and does not require a special
exception.]]
[[Retail Sale of]] Used Merchandise, RETAIL SALE by Non-Profit
Organizations
A [[special exception]] CONDITIONAL USE may be granted in the M-1 and M-2
District for the collection, repair, refurbishment, retail sale and distribution of used
and/or donated merchandise, provided that:
a. The facility shall be operated by a non-profit, tax exempt organization;
b. Sales shall be limited to previously-used and/or donated clothing, furniture,
household furnishings, small appliances, books or similar items;
c. Outdoor drop-off and collection areas shall be screened &om surrounding
properties and roads by landscaping or other appropriate means; and
d. AU sales and storage areas shall be located inside a building.
49. Retreat Center
A [[special exception]] CONDITIONAL USE may be granted in the RC, RR, R-
ED[[,]] or R-20[[, R-12, R-SC, or R-SA-811 Districts for a retreat center provided
that:
a. The minimum [[lot]] area for such use shall be six acres.
[[b. The use shall not produce adverse impacts on the use or development of the
surrounding area due to noise, odor, traffic, lights or any other reason.
c. Access drives shall be located so as to minimize adverse impacts on adjacent
properties.
d. Safe public road access shall be available.]]
B. ABUFFER AREA AT LEAST 50 FEET W E SHALL BE MAINTAINED
BETWEEN STRUCTURES OR USES AND ADJACENT
RESIDENTIALLY-ZONED LAND OTHER THAN A PUBLIC ROAD
RIGHT-OF-WAY. THE BOARD OF APPEALS MAY REDUCE THIS
SETBACK TO NO LESS THAN 20 FEET OR THE MINIMUM SETBACK
REQUIRED BY THE ZONING DISTRICT, WHICHEVER IS GREATER,
THE ADJOINING LAND OR IS COMMITTED TO A LONG

TERM INSTITUTIONAL OR OPEN SPACE USE THAT
PROVIDES AN EQUIVALENT OF BETTER BUFFER FOR
VICINAL RESIDENTIAL DEVELOPMENT; OR
THE PETITION INCLUDES DETALED PLANS FOR
FENCE OR WALL ANDLANDSCAPING, THAT PRESENTS AN
ATTRACTIVE AND EFFECTIVE BUFFER FOR NEIGHBORING
RESIDENTIAL PROPERTIES.
[[e]]C. Adequate landscaping or other acceptableforms ofbuffering shall be provided
to screen all parking and, if appropriate, structures and outdoor activity areas
from residential properties.
[MID. No retail or wholesale sales of any kind shall be permitted.
[[g]]E. All parking shall be located on site.
[[h]]F. The types of [[activity]] ACTIVITIES on the site [[is]] ARE specified
including frequency[[, number]] and length of meetings OR EVENTS, THE
MAXIMUM NUMBER OF DAY AND OVERNIGHT GUESTS, AND
USES OF OUTDOOR AREAS.
50. Riding Academies and Stables
A [[special exception]] CONDITIONAL USE may be granted in the RC[[,]] OR
RR[[,R-ED or R-2011 Districts for riding academies and stables, provided that:
a. Adequate [[trails or]] 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 MCLUDE WRITTEN PERMISSION FROM THE
PROPERTY OWNERS.
b. [[No stable shall belocated within 200 feet ofany property line;]] MINIMUM
REQUIRED SETBACKS FOR STABLES AND INDOOR OROUTDOOR
RIDING ARENAS:
(1) FOR A USE WHERE 20 OR FEWER HORSES ARE KEPT ON
THE PROPERTY, FROM ANY PROPERTY LINE OTHER THAN
A PUBLIC STREET . . . . . . . . . . . . . . . . . . . . . . . . . . 100 FEET
(2) FOR A USE WHERE MORE THAN 20 HORSES ARE KEPT ON
THE PROPERTY, FROM ANY PROPERTY LINE OTHERTHAN
A PUBLIC STREET . . . . . . . . . . . . . . . . . . . . . . . . . ,200 FEET
c. [[If three or more horses are kept, riding academies and stables shall be
located on a tract ofnot less than five acres.]] THE SITE HAS AMINIMUM
AREA OF FIVE ACRES.
D. PARKING AREAS, DRIVEWAYS AND OUTDOOR RIDING AREAS
WILL BE LOCATED AND DESIGNED TO SHIELD NEIGHBOFUNG
PROPERTIES FROM NOISE, DUST AND ODORS.
51. Rubble Landfill and Land Clearing Debris Landfill Facilities
A [[special exception]] CONDITlONAL USE may be granted in the RC, RR,or M- 1
Districts (or in any other district with respect to land which has been previously mined
or excavated pursuant to the grant of a CONDITIONAL USE
specifically for mining, quarrying or barrow pit uses) for aland clearing debris landfill
facility or rubble landfill facility, provided that:
a. Only non-hazardous material shall be received for disposal on the site.
b. The waste materials which may be accepted at the rubble fill facility, unless
specifically prohibited by the Board of Appeals, are:
(1) Land Clearing Debris, as defined in these regulations.
(2) Demolition Debris - The types of demolition debris that may be
accepted for disposal are as follows:
(a) Acceptable demolition debris associated with the razing of
buildings, roads, bridges, and other structures includes
structural steel, concrete, bricks (excluding refractory type),
lumber, plaster and plasterboard, insulation material, cement
shinglesand roofing material, floor and wall tile, asphalt, pipes
and wires, and other items physically attached to the structure,
including appliances ifthey have been or will be compacted to
their smallest practical volume.
@) Unacceptable demolition debris includes industrial waste or
byproducts, any wastematerialscontained within the structure
or on the grounds of the structure being demolished that are
not physically part of the structure, or which are comprised of
or contain materials that pose an undue risk to public health or
the environment.
(3) Construction Debris -, The types of construction debris that may be
accepted for disposal are as follows:
(a) Acceptable construction debris is structural building materials
including cement, concrete, bricks (excluding refractorytype),
lumber, plaster and plasterboard, insulation, shingles, floor,
wall and ceiling tile, pipes, glass, wires, carpet, wallpaper,
roofing, felt, or other structural fabrics. Paper or cardboard
packaging, spacing, or building materials, provided that they
do not exceed 10 percent by volume of the waste, may be
accepted at the rubble landfill. Paint containers, caulk
containers, or glaze containers, provided that they are empty,
and any residual material which is dried before acceptance at
the rubble fill, and further provided that this waste category
does not exceed 1 percent by volume of the waste accepted at
the rubble fill.
(b) Unacceptable construction debris includes commercial,
domestic, or industrial wastes or by-products, paint, tar or tar
containers, caulking compounds. glazing compounds, paint
thinner or other solvents or their containers, creosote or other
preservatives or their containers, tile, paneling, or carpet
cement or other adhesives, and other solid waste which may
contain an unacceptable waste or substance as may be
determined by the approving authority to be unacceptable.
(4) Tires, asbestos waste and appliances may be accepted for disposal in
accordance with the requirements of the State of Maryland
Department of the Environment for proper disposal ofthese materials.
c. The waste materials which may be accepted at the land clearing debris fill
facility are restricted to [[the following materials from land clearing
operations:]] LAND CLEAIUNG DEBRIS AS DEFINED IN THESE
REGULATIONS.
[[(I) Earthen material such as clays, sands, gravels, and silts;
(2) Topsoil;
(3) Tree stumps;
(4) Root mats;
(5) Brush and limbs;
(6) Logs;
(7) Vegetation; and
(8) Rock.]]
d. The Board of Appeals may krther limit the waste materials which may be
accepted at or disposed of in a land clearing debris landfill facility or a rubble
landfill facility upon a finding of a specific adverse effect associated with the
acceptance or disposal of such waste materials on the proposed site. The
Board of Appeals shall approve the method by which unacceptable materials,
which are delivered to the site, will be segregated and handled for final
removal and disposal.
[[e. All applicable local, State or Federal laws, regulations or permitting
requirements shall be adhered to.
f]]E. In addition to all other required setbacks, the following use setbacks shall
apply, except for landfill facilities on permitted quarry sites, in which case the
Board of Appeals shall establish setback requirements on a case-by-case basis:
(1) From an existing residence on a different lot . . . . . . . . . . 500 feet
(2) From adjacent residentially zoned lots . . . . . . . . . . . . . . . 300 feet
(3) From public street and utility rights-of-way . . . . . . . . . . . 100 feet
(4) From existing streams and wetlands . . . . . . . . . . . . . . . . . 100 feet
The approved portion of the tract shall have a surrounding landscaped buffer
at least 100 feet wide which shall be retained in its existing topographic
condition and undisturbed by excavation or fill. The buffer area shall not be
used for any purpose except planting, fencing and roads for ingress and egress
to the tract. In the event that the provision of a 100-foot buffer is not feasible,
the applicant shall provide for alternative means of buffering in concert with
a Site Development Plan. Within the approved portion of the tract, all land
within 50 feet of a stream or wetland shall be retained in its existing
topographic condition and undisturbed by excavation or fill.
[[gi]F. Existing trees and ground cover along public road frontage and lot lines shall
be preserved, maintained and supplemented by selective cutting, transplanting,
and addition of new trees, shrubs and ground cover.
[[h]]G. The height of structures and any man-made land forms may be limited by the
Board of Appeals.
Equipment for washing, sorting, crushing, grinding, loading, unloading,
spreading, weighing, screening, sizing or other operations associated with a
land clearing debris landfill facility or a rubble landfill facility shall not be
located within one hundred feet of a property line. Sedimentation ponds shall
not normally be located closer than 300 feet from a property line. However,
the Board of Appeals may permit sedimentation ponds to be closer than 300
feet, but not closer than 100 feet from a property line, if the applicant
demonstrates the topographic necessity of such a location and that sufficient
safeguards will be provided for the protection of neighboring residents and
uses.
All operations shall be conducted in a safe and environmentally sound manner
with respect to the likelihood ofhazard to persons or damage to lands, natural
resources. improvements, streets, bridges, or public rights-of-way as a result
ofthe development or operation ofthe facility.
The operation shall not result in noise, smoke. dust, litter, odors or other
substance or condition in a manner which would adversely affect the
surrounding area.
Any area under excavation shall be maintained [[and]] in a thoroughly drained
condition. Fill areas shall be maintained at all times by burial of material
received for disposal.
Operation hours for excavation, processing and filling operations shall be
restricted to between 7:00 a.m, and 6:00 p.m. No operation shall be
permitted on Sundays except emergency repairs to equipment and the fill site.
Safe public road access shall be available.]]
[[o]]L. The [[special exception]] CONDITIONAL USE plan submitted with the
speciatcxrrption CONDITIONAL USE application shall show the following:
Setback and buffer area, including type of screening and fencing;
Portion of tract, if any, actually being excavated, and proposed fill
areas;
Portion of tract, separate from fill areas, to be used for recycling
operations including areas for unloading, storage, processing, and
loading.
Existing and proposed structures and major mechanical equipment;
Existing and proposed access roads;
Water supply and sewage disposal including any liquid waste
generated by processing and filling operations;
Stockpile area;
Other uses and their extent on the property;
Existing or proposed points of access to the site and provisions to
control unauthorized entry to the site along the entire perimeter;
Areas to be used for rubble and/or land clearing debris disposal shall
be identified either as non-buildable areas or as fbture building sites;
Suwey boundaries of the subject property and proposed operation
based on the Maryland State Plane Coordinate System;
A road condition study to determine the adequacy of the structural
elements serving the site for truck traffic to be generated by the
landfill,
A noise. litter and dust control plan;
Storm water management facilities for quantity and quality control;
The length of time the facility is expected to be in operation.
[[p]]M. Rehabilitation Plan
A rehabilitation plan at a scale of I" = 200' shall be submitted [[at the time
of]] with the -CONDITIONAL USE application [[for
approval by the Board of Appeals setting forth a plan for rehabilitation of]]
FOR all areas TO BE filled with land clearing debris or rubble or used for
processing and recycling operations. A rehabilitation contour plan showing
contour intervals of two feet shall be included, indicating the general grades
and slopes to which excavatemd or filled areas are to be graded. A description
ofthe methods and materials proposed for rehabilitation to top cover shaU be
specified. [[The rehabilitation schedule shall include specific information
relating to regrading, drainage, landscaping, erosion backfilling, removal of
machinery and structures, and.closing of access roads.]] No rehabilitation plan
shall be approved unless it provides for the following minimum rehabilitation
program [[as to the permit ar.ea]]:
Regrading - All disturbed land shall be regraded so that no slope
exceeds a maximum of 50 percent grade.
Landscaping, Erosion, Backfilling - All piles of disturbed earth or
material resulting from the excavating or filling operation shall be
graded to a smooth contour to control erosion and to prevent ponding
and undrained water pockets. The disturbed area shall be graded,
covered with suitable soil to sustain growth, and then vegetatively
stabilized using a perennial cover species as recommended by the
County Soil conservation District.
Removal of Machinery and Structures - All machinery and structures
shall be completely removed and underlying excavations filled to
grade, except structures or machinery that are to be continued in
operation for a use permitted under the zoning classification.
Access Roads - Upon the abandonment of filling operations on any
site or portion thereof in the area covered by a speciir+exrrptron
CONDITIONAL USE approved under this section, all access roads
shall be suitably barricaded to prevent the passage of vehicles either
into or out of the abandoned area, except such access as needed for
vehicles engaged in rehabilitation work, until the plan for rehabilitation
has been completed and other use necessitating access has been
commenced on the property.
52. Sawmills and Mulch Manufacture
A [[special exception]] CONDITIONAL USE may be granted in the RC or RR
Districts for sawmills or mulch manufacture, provided that:
a. The Board shall have continuingjurisdiction in such cases and may, from time
to time, impose additional conditions or limitations, in order to carry out the
purpose and intent of the zoning regulations. No additional conditions or
limitations shall be imposed without public notice and hearing.
b. All structures and uses shall be at least 500 feet from existing residences on
different lots and at least 300 feet from property l i e s .
c. Sight distance at the driveway access shall be sufficient to allow safe ingress
and egress for vehicles.
d. Parking, storage areas and equipment shall be screened fiom adjoining
properties and public roads by landscaping or other appropriate means.
e. Hours of operation shall be established by the Board of Appeals.
f Retail sales of materials produced on-site may be permitted if specifically
approved by the Board of Appeals.
53. School Buses (Parking and Storage)
A [[special exception]] CONDITIONAL USE may be granted in the RC, RR, R-20
or R-12 Districts for the parking and storage of more school buses than allowed by
these regulations, provided that:
a. All such vehicles parked or stored outside of a structure shall be screened
from adjoining properties;
b. No such vehicles shall be parked or stored within the structure setback
requirements of the district in which they are located;
c. Any parking spaces occupied by such vehicles shall be provided in addition to
all other required parking spaces;
d. Only minor repairs to such vehicles shall be permitted. In no case shall body
work, engine rebuilding, engine reconditioning or collision services be
permitted;
e. The storage or parking of the number of vehicles registered as school buses
on lots or parcels in the RC. RR, R-20 and [[or]] R-12 Districts on the
effective date of this amendment (Zoning Board Case 715, effective July 25,
1978)shall be deemed valid nonconforming uses in those districts.
54. Schools, Colleges, Universities - Private (Academic)
A [[special exception]] CONDITIONAL USE may be granted in the RC, RR, R-20,
R-ED, R- 12, R-SC, R-SA-8, R-A-15, R-MH, or R-VH Districts for private academic
schools, colleges and universities, (not including nursery schools) provided that:
a. The maximum density permitted is 60 pupils per acre for lots less than three
acres, and 100 pupils per acre for lots three acres or greater.
[[b. Sufficient frontage on a public road must be available to provide safe ingress
and egress to the site.
c]]B. In addition to meeting the area requirements of Section 13 1.N.54.a. schools
with residence accommodations shall provide an additional 500 square feet of
lot area per site resident. Residents shall include students, [[whether housed
in dormitories or other living quarters,]] staff members [[and their families]],
[[and the]] caretakers and their families who reside on the site.
[[d. Access drives shall be located so as to minimize adverse effects on adjacent
properties.
e]]C. A private school may be erected to a greater height than permitted in the
respective district, provided that no structure is more than three stories in
height and the front, side anti rear setbacks shall be increased two feet for
each foot by which such structure exceeds the height limitation [[established
for the district in which such structure is located]].
[MID. Sufficient off-street school bus loading areas shall be provided ifbus service
is provided for students.
E. OUTDOOR USES WILL BE LOCATED AND DESIGNED TO SHIELD
RESIDENTIAL PROPERTY FROM NOISE OR NUISANCE. PLAY
AREAS, ATHLETIC FIELDS AND SIMILAR USES SHALL BE
BUFFERED FROM RESIDENTIAL PROPERTIES BY FENCING,
LANDSCAPING, ADEQUATE DISTANCE OR OTHER APPROPRIATE
MEANS.
F. BUILDINGS, PARKING AREAS AND OUTDOOR ACTIVITY AREAS
ZONED PROPERTIES OTHER THAN A PUBLIC ROAD RIGHT-OF-
WAY. THE BOARD OF APPEALS MAY REDUCE THIS SETBACK TO
BY THE ZONING DISTRICT, WHICHEVER IS GREATEK IF:
(1) THE ADJOMING LAND IS COMMITTED TO A LONG TERM
EQUIVALENT OR BETTER BUFFER FOR VICINAL
FENCE OR WALL AND LANDSCAPING, OR ANEQUIVALENT
G. AT LEAST 20 PERCENT OF THE AREA WITHIN THE BUILDING
ENVELOPE WILL BE GREEN SPACE, NOT USED FOR BUILDINGS,
FORMED BY THE REQUJRED STRUCTURE SETBACKS FROM
H. THE SITE HAS FRONTAGE ON AND DIRECT ACCESS TO A
PLAN.
55. Shooting Ranges - Outdoor Rifle, Pistol, Skeet and Trap
A [[special exception]] CONDITIONAL USE may be granted in the RC[[,]] or RR[[,
M-1 or M-211 Districts for commercial shooting ranges, provided that:
a. Discharging offirearns shall not be permitted within 500 feet of any property
line.
b. Such range is constructed in such a manner as to eliminate all danger to
persons or property from flying projectiles. THE AREA BETWEEN THE
FIRING POINT AND TARGET SHALL BE BAFFLED, FENCED OR
OTHERWISE SHIELDED SO THAT FIRED PROJECTILES CANNOT
ESCAPE THE RANGE AREA. SAFETY DESIGN SHOULD BE IN
ACCORDANCE WITH AC'CEPTED STANDARDS AND PRACTICES.
c. A minimum lot area of 75 acres is provided for all rifle and pistol ranges. A
minimum of 25 acres shall be provided for all skeet and trap shooting ranges.
Such range shall conform in all respects to any regulations specified by
Federal and State law, the provision of these regulations, or other County
regulations.
The manner and times of operation [[thereof shall be so stated in the special
exception that there will be no resulting detrimental disturbances to normal
neighborhood tranquility or neighboring residences, and that the topographic
features ofthe site are such that firing ranges projectiles are controlled, while
at the same time, the travel distance or noises emanating !?om firearms is
minimized.]], THE DESIGN OF THE RANGE AND THE TOPOGRAPHIC
FEATURES OF THE SITE SHALL BE SUCH THAT NOISE AND
ACTIVITY FROM THE USE WILL NOT DISTURB NEIGHBORING
RESIDENTIAL USES.
57. Two-family Dwellings and Accessory Apartments
A [[special exception]] CONDITIONAL USE may be granted for two-family
dwellings or accessory apartments in the following districts, provided that [[the use
will not constitute a nuisance because of street traffic, noise or physical activity]]
ANY NEW STRUCTURES OR ADDITIONS WILL BE DESIGNED TO BE
COMPATIBLE IN SCALE AND CHARACTER WITH THE SURROUNDING
RESIDENTIAL NEIGHBORHOOD, AS DEMONSTRATED BY
ARCHITECTURAL ELEVATIONS ORRFNDERINGS SUBMITTED WITH THE
PETITION:
a. Two-family dwellings: in the RC, RR, R-ED, R-20 or R-12 Districts.
b. Accessory apartments: on lots of less than 12,000 square feet in the R-ED, R-
20, R-12 and R-SC districts. (On lots of 12,000 square feet or larger, this is
a permitted use in these districts.)
58. Wrecked Vehicle Storage (temporary)
A [[special exception]] CONDITIONAL USE may be granted in the B-2, BR, M-1
or M-2 Districts for the temporary storage of wrecked vehicles, provided that:
a. Title to the vehicle does not transfer to the operators and owners of the site;
b. All such vehicles shall be screened from off-site view by walls (including
building walls) or fences [[at least eight feet in height. All surfaces of such
walls or fences facing residential zones or premises shall be finished or, in the
discretion of the Board of Appeals, vine-covered or otherwise improved by
the use of planting; I] SIX TO EIGHT FEET HIGK OF A DESIGN
APPROVED BY THE BOARD OF APPEALS. AT THE BOARD'S
DISCRETION, LANDSCAPE PLANTING MAY BE REQUIRED
BETWEEN THE WALL AND THE PROPERTY LINE.
c. The storage area shall be treated as needed to control dust and minimize the
runoff of oils and greases;
d. Dismantling of wrecked vehicles shall not be permitted.
59. Yard Waste Composting Facility

A [[special exception]] CONDITIONAL USE may be granted in the RC, RR, or M-I
Districts for a yard waste composting facility, provided that:
Only yard waste (leaves, grass, brush, yard trimmings) and natural wood
waste (tree and other vegetative r e b e including tree stumps, limbs and root
mats) shall be received for composting on the site.
All applicable local, State or Federal laws and regulations shall be adhered to,
including the acquisition of an operating permit from the State for
construction and operation of the facility, if required.
In addition to the bulk regulations of the applicable zoning district, the
following structure and use setbacks shall apply:
(1) From an existing residence on a different lot . . . . . . . . . . 500 feet
(2) From adjacent residentially-zoned lots . . . . . . . . . . . . . . . 300 feet
(3) From public street rights-of-way . . . . . . . . . . . . . . . . . . . 100 feet
(4) From existing streams and wetlands . . . . . . . . . . . . . . . . . 100 feet
A landscaped buffer area with a minimum width of 100 feet shall be
maintained around the perimeter of the site. The landscaped buffer shall be
used only for planting, fencing, and driveways for ingress and egress to the
site.
The operation shall not result in odors which are detectable on surrounding
properries.
The operation shall not result in noise, smoke, dust, litter, or other substance
or condition in a manner which would adversely affect the surrounding area.
The operation shall be conducted in a safe and environmentally sound manner,
as prescribed by law or regulations and with respect to the likelihood of
hazard to persons or damage to lands, natural resources, streets, bridges, and
public rights-of-way.
The operation shall be conducted in a manner which will prevent insect and/or
rodent infestation.
The facility shall be maintained in a clean and sanitary condition. Areas where
yard waste or compost is processed, loaded, or unloaded shall be designed
and constructed to drain freely to prevent the accumulation ofstanding liquid.
All liquid, including leachate and storm water runoff, generated from the
composting facility shall be collected and treated prior to disposal, in
accordance with applicable regulations.
In the RC and RR Districts, the hours of operation shall be restricted to
between 7:00 a.m. and 6:00 p.m., and no operation shall be permitted on
Sundays except repairs to equipment and improvements.
On-site retail sales of finished compost shall be permitted if specifically
approved by the Board of Appeals.
Safe public road access shall be available to the site.
The structural elements of the: roads serving the site shall be adequate for the
truck traffic to be generated by the composting facility. The petition shall
include a road condition study to allow the Board of Appeals to make this
determination.
The [[special exception]] CONDITIONAL USE plan submitted with the
petition shall show the following:
(1) Survey boundaries of the subject property.
(2) Existing natural features including streams, ponds, springs, and
wetlands.
(3) Existing and proposed topography.
(4) Setback and buffer area, including type of screening and fencing.
(5) Portion of tract to be used for composting operations, including the
location and layout of:
yard waste unloading, receiving and storage areas;
yard waste processing areas, including areas for grinding,
screening, mixing and other operations to prepare yard waste
for composting;
composting areas;
compost curing areas;
compost final product preparation areas (screening and other
operations); and
finished compost storage and loading areas.
(6) Existing and proposed structures and major mechanical equipment.
(7) Existing and proposed access driveways.
(8) Water supply (including quantity requirements) and sewage disposal.
(9) Storm water management facilities for quantity and quality control.
(10) Facilities for storage and treatment of leachate and any other liquids
generated by the operation.
(1 1) Other existing or proposed uses on the site.
[[p]] M. An operations plan shall be suhmitted by the applicant to enable the Board of
Appeals to evaluate the potential impacts ofthe proposed use. Ifthe petition
is approved, substantial changes to the operations plan shall not he
implemented without prior approval of the Board of Appeals. The plan shall
provide the following information:
Types, anticipated quantities and sources of yard waste.
Methods by which unacceptable wastes delivered to the facility will be
identified, segregated, and handled for removal and disposal.
Off-site location where unacceptable wastes delivered to the
composting facility will be disposed of.
Methods by which waste quantities delivered will be determined
including weighing facilities to be provided.
A description of major items of equipment and associated capacities.
A description of proposed buildings and pads for storage, composting
and processing.
A description of yard waste delivery methods and requirements.
A description of incoming yard waste handling and processing
methods including processing capacity and storage volume to be
provided.
A description of the composting process to be utiliied including
composting capacity to be provided, composting technology, required
composting time, and assurance of acceptable level of pathogen
reduction.
A description of compost curing, handling and processing methods
including processing capacity and storage volume to be provided.
A description of finished compost storage, distribution and delivery
methods and requirements.
Methods of controlling odors, dust, litter. noise, and insect or rodent
infestation; methods of insuring public safety; methods of preventing
and, if necessary, controlling fires; and methods of collecting and
treating liquids generated by the use.
Procedures for cleaning and maintaining the appearance ofthe facility,
including collection of litter and waste which falls from transport
vehicles in the vicinity ofthe site, including adjacent private properties
and public roads.
[[q]] N. A rehabilitation plan shall be submitted at the time of the
CONDITIONAL USE application for approval by the Board of Appeals. The
plan shall provide for the following minimum rehabilitation program:
(1) All structures and machinery shall be completely removed and
underlying excavations filled to grade and planted in grass except
structures or machinery that are to be continued in operation for a use
permitted under the zoning classification.
(2) All impervious surfaces shall be removed and properly disposed of.
The areas from which the surfaces are removed shall be backfilled
with suitable soil and regraded as necessary to provide adequate
drainage. All such areas shall be planted in grass which shall be
maintained through one y e d s growth.
(3) AII yard waste, composting material, and finished compost shall be
removed from the site and shall be disposed of in conformance with
applicable laws or regulations.
(4) All access roads shall be suitably barricaded to prevent the passage of
vehicles either into or out of the abandoned area, except such access
as needed for vehicles used in rehabilitation work, until the plan for
rehabilitation has been completed and a different use necessitating
access has commenced on the property.
SECTION 133: O F F STREET PARKING AND LOADING FACILITIES

D. Minimum Parking Requirements for Specific Uses
2. Residential Uses
b. [pousing for elderly or handicapped 2.0 spaces per 5 dull
AGE-RESTRICTED ADULT HOUSING:
(1) SINGLE-FAMILY DETACHED AND
SINGLE-FAMILY ATTACHED
DWELLINGS . . . . . . . . . . . . . . . . . . . . . . 2.0 SPACES PERDU
(2) APARTMENTS . . . . . . . . . . . . . . . . . . . . I .O SPACES PER DU
7. Institutional Uses
(6) Nursing homes, [[group homes,]] RESIDENTIAL
CARE FACILITIES, and similar uses . . . . . . . . . . . 1.0 space per 2 beds
SECTION 134: OUTDOOR LIGHTING

B. Applicability
The requirements of this Section apply to lighting in the following locations, not including
lighting of public streets:
3. In residential districts and residential areas of the NT, PGCC and MXD Districts:
a. Outdoor lighting of parking lots or loading areas; and
b. Outdoor lighting on the site of an approved [[special exception]]
CONDITIONAL use for which the Board of Appeals decision requires that
these lighting standards be applied.
Section 3. And Be It Further Enacted by the County Council of Howard County, M q I a n d , that
the Department of Planning and Zoning is authorized to renumber P
a m Dart o f the Zoning Repulotions o f
Howard Countv amended bv this Act.
Section 4. And Be It Further Enacted by the County Council of Howard County,Maryland that this
Act shall become effective 61 days after its enactment.
BY THE COUNCIL
This Bill. having been approved by the Executive and returned to the Council, stands macted on If, ;Ur/
2001.
% kt.//,,..&
Sheila M. Tolliver, Administrator to the County Council
BY THE COUNCIL
This BiU, having been passed by the yeas and nays of two-thirds of the members of the Council mtwithstanding the
objections of the Executive, stands enacted on ,2001.
S h e i i M. Tolliver, Administrator to the County Council
BY THE COUNCIL
This Bill. having received neither the approval nor the disapproval of the Executive within ten days of its presentation,
stands macted on .
2001.
BY THE COUNCIL
This Bill, not having brrn considered on final reading within the time required by Charter, stands tailed for want of
consideration on ,2001.
BY THE COUNCIL
This Bill, having k e n disapproved by the Executive and having failed on passage upon consideration by the Council
stands failed on ,2001.
Sheila M. Tolliver. Administrator to the County Council
BY THE COUNCIL
This Bill, the withdrawal of which rwxived a vote of two-thirds (213) of the members of the Council, is withdrawn
from further consideration on ,2001.

Amendments to Bill No. 11 - 2001
BY: Mary C. Lorsung Legislative Day No.

Date: April 2,2001
Amendment No. I
(This amendment retains "MuseumsandLzbraries " as a conditionaZ use.)
1 On page 1, strike line 13 in its entirety; and on page 91, after line 25, insert:
2 - Museums and Libraries

"36.
3 A rrsoecial exce~tionllCONDITIONAL USE mav be granted in the RC. RR R-ED.
4 or R-20 districts for museums. art galleries. and libraries. ~rovided that a
5 determination is made by the Board of A a ~ e a l sthat such use will not constitute a
6 nuisance because of sidewalk or street traffic. noise or ohvsical activitv. and that such
7 use will not tend to adverselv affect the use and develooment of adioininp.~rooerties."
-
Amendments to Bill No. 11 2001
BY: Chairpenon at the request Legislative Day No. 5

of the County Executive Date: April 2, 2001
Amendment No. 2
(This amendment changes the Ianguage on appIicafionof zoning amendments fopending cases.)
1 On page 2, in line 21, strike "APPLICATIONS", and substitute "CASESS
2 On page 2, in line 22, after ''PENDING", strike "CASES"
3 On page 2, in line 23, strike "ORDER" and substitute "ORDER. EXCEPT THAT ANY
4 CONDITIONAL USE APPLICATION FILED ON OR BEFORE MARCH 5.2001 SHALL BE
5 SUBJECT TO THE REGULATIONS IN EFFECT PRIOR TO THE EFFECTIVE DATE OF
6 COUNCIL BILL NO. 1 1-2001".
Amendments to Bill No. 11 2001 -
BY. Chairperson at the request Legislative Day No.
of the County Executive Date: April 2,2001
Amendment No. 3
(This amendment changes a number of referencesfrom "specialexception" to "conditionaluse''.)
1 On page 3 in line 6, on page 50 in lines 4 and 23, on page 54 in line 9, on page 66 in line 4,
2 on page 77 in line 16, on page 82 in line 20, on page 87 in line 19, on page 95 in line 3 1 and in both
3 instances in line 12, on page 97 in line 28, on page 99 in line 12, on page 101 in line 14, on page 163
4 in line 3 1, on page 107 in line 25, on page 108 in line 21, on page 109 in line 16, and on page 117 in
5 line 19, in each instance, strike "special exception" and substitute "CONDITIONAL USEn.
6 On page 77 in line 10 and on page 100 in lines 12, 15, and 27, in each instance, strike
7 "SPECIAL EXCEPTION" and substitute "COM>ITIONAL U S E .
8 On page 42, in line 23, strike "Special Exceptions" and substitute "CONDITIONAL
9 m.
10 On page 50, in line 18, strike "special"; on the same page, in line 19, strike "exception" and
11 substitute ""CONDITIONAL U S E .
12 On page 51, in line 4, strike "Special Exception" and substitute "CONDITIONAL USE".
BY: Chairperson at the request Legislative Day No. 5
Amendment No.
(Thisamendment changes the title of the conditionaluse "Day Treatmentandcare Facilities, Child
Day Care Centers and Nursery Schools" to "Child Day Care Centers and Nursety Schools, Day
Treatment and Care Facilities", which is a more logical order for the uses listed in the title. The
amendment also expanak the authorilygivento the Department ofPlanningandZoning to renumber
the aflectedsectionsof the Zoning Regulations aJer the bill is adopted so that the conditionaluses
may be alphabetized in the appropriate sections.)
On page 8 in lines 6 and 7, page 10 in lines 27 and 28, page 12 in lines 16 and 17, page 13 in
lines 21 &d 22, page 1 4 in lines 27 and 28, page.15 in line 29 and page 'i6 in line 1, page 16 in lines
28 and 29, page 17 in lines 26 and 27, page i 9 in lines 15 and 16, p a g < 2 ~in lines 8 and 9 and lines
24 and 25, and page 26 in lines 10 and 1I, in each instance, strike "DAY TREATMENT AND CARE
FACILITIES, CHILD DAY CARE CENTERS AND NURSERY SCHOOLS" and substitute
"U
FACILITIES".
On page 68, strike in their entirety lines 24 and 25, inclusive, and substitute:
"17. W I L D DAY CARE CENTERS AND NURSERY SCHOOLS. DAY
TREATMENT AND CARE FACILITIES"
On page 1 19, strike beginning with the second "the" in line 2 down through "Counfy"in line
3 and substitute "am,vart o f the Zoninp Remlations ofHoward Countv amended bv this AcY'.
BY: Chairperson at the request Legislative Day No.
Amendment No.
(This amendment allows the Board of Appeals to qprove variances to the requirements of Section
I3I.Nfor eqmmion or modzjication of existing co~ditionaluses.)
1 On page 46, strike in their entirety lines 4 through 11, inclusive, and substitute:
2 "4. THE BOARD OF APPEALS MAY APPROVE VARIANCES TO THE BULK

3 REGULATIONS IN SECTION 131. N. IN ACCORDANCE WITH THE VARIANCE
4 PROVISIONS OF SECTION 130.B.2..FOR MODIFICATIONS AND EXPANSIONS OF:
5 -
A EXISTING CONDITIONAL USES THAT WERE APPROVED PRIOR TO THE
6 EFFECTIVE DATE OF COUNCIL BILL NO. 11-2001: AND
7 -
B. CONDITIONAL USES FILED ON OR BEFORE MARCH 5. 2001. AND
8 APPROVED AFTERTHE EFFECTIVEDATE OF COUNCILBILLNO. 11-2001."
-

Amendment No.
(This amendment authorizes the Board of Appeals to set the hours during which outside pens and
runs may be used at animal hospitaIs.)
1 On page 58, strike beginning with "INCLUDED in line 7 down through "PROPERTIES"
2 in Line 9, inclusive, and substitute: "INCLUDED:
3 THEY WILL BE AT LEAST 200 FEET FROM ANY LOT LINE AND
4 SCREENED FROM ROADS AND RESIDENTIAL PROPERTIES: AND
5 THEIR HOURS OF OPERATION 'WILL BE ESTABLISHED BY THE BOARD
6 QF APPEALS".
-

Amendment No. 7
(llis amendment allowsgreaterflexibility in siting or~tdwr

athleticfacilities adjacent topermanent
easements.)
1 On page 59, strike beginning with " T O in line 19 down through "GREATEV in l i e 21,
2 inclusive.
3 On the same page, in line 22, after "TO", insert "AN AGRICULTURAL OR
4 ENVIRONMENTAL PRESERVATION EASEMENT OR".
Amendments to Bill No. 11 2001-
BY: Mary C. Lorsung Legislative Day No. 2
Date: April 2,2001
Amendment No. 9
(This amendment changes the m b e r of zoning districts in which the Boarding House conditional
use may be granted to two. RC and RR.)
1 On page 61, strike beginning with "RC" in line 22 through " R - W in line 23, inclusive, and
2 substitute "RC OR RR".
-

Date: April 2,2001
Amendment No. lo
(This amendment changes the Boarding House conditional use to require that the owner live on the
premises.)
On page 62, after line 2, insert:

- THE BOARDING HOUSE IS OCCUPE D AS A RESIDENCE BY THE
"D.
OWNER.".
BY. Mary C. Lorsung Legislative Day No. 5

Date: April 2,2001
Amendment No. A
p i s amendment changes the minimz~mparcelsize for a "Countryinn " with apublic restaurant.)
On page 67, strike in its entirety line 30; on page 68, strike in its entirety line 1and substitute:
-
"C. IF A PUBLIC RESTAURANT IS PART OF THE COUNTRY INN. THE
MINIMUM LOT SIZE SHALL BE 3 ACRES UNLESS THE PARCEL HAS
FRONTAGE AND DIRECT ACCESS TO A COLLECTOROR ARTERIAL ROAD
DESIGNATED IN THE GENERAL PLAN."
BY: Mary C. Lonung Legislative Day No. 3

Date: April 2,2001
Amendment No. &
(This amendment clarzjies Ianguage on buflersfor "FastFood Restaurants':)
1 On page 72, in line 5, strike "APPROPRIATE"

-
BY: Chairperson at the request Legislative Day No. _I

Amendment No. 11
(This amendment corrects a spelling error.)
1 On page 88, in line 7, strike "PRINCIPALS" and substitute ‘‘PRINCIPLES'.

BY: Chairperson at the request Legislative Day No.
Amendment No. 3
(This arnenabnent restores the provisions concerning the condifional use "Religious Activities,
Structures Used Principally for" to the provisions of current law.)
1 On page 98, in lines 9, 10, 13, and 14, strike the brackets.
2 On pages 98 and 99, strike in their entirety the lines beginning with line 15 on page 98 through
3 h e 4 on page 99.
Amendment d t o Bill No. 11-2001
BY: Mary Lorsung b

Legislative day No. -
Date: May 7,2001
Amendment No.
(This amendment clanj7es the term non-transient means accommodation for 30 days or more.)
On page 1, after "103.9," on line 26, insert, "103.10,".
Boardiw House: A building in which lodging is offered [either with or without

meals to more than 4 bur fewer than 201 ONLY TO non-transient residents,
WHO STAY NO LESS THAN 30 DAYS. lThis term does not include hotels,
motels, countrv inns. bed and breakfast inns or other establishments o m
lodging to guests on a dailv. weeklv or similar short-term basis.1 A boarding
house MAY PROVIDE LODGEG WITH OR WITHOUT MEALS TO MORE
THAN 4 BUT FEWER T H A S 20 YON-TRANSIEhT RESIDEKTS AND shall
not be deemed a home occuvation.".
Amended Amendment 11 to Council Bill 11-2001
BY: Allan Kittleman Legislative Day No: 6

Date: May 72,2001
Amended Amendment No. 17
1 ( n i s amendment would change the definition of net acre by nof including wetland areas in net
2 acreage).
3 On oarre 1. after line 2. insert:
4 "On ~ a a 1.
e in line 26 after "100.G29". insert. "103.4"."
5 On page 3, after line 8, insert:
6 "4. JTACRE11. Net ACRE: An acre of land not to include any land in the 100-vear floodplain,
7 ANY WETLANDS or land with slooes of 25 ~ercentor =eater.".
Amendment 1to Amendment 17 of Council Bill 11-2001
BY: Allan Kittleman Legislative Day No: _h
Chris Merdon Date: May 7,2001
Amendment No. 1
1 (Thisamendment would make a correction to the amendment.)
3 "On age 1. in line 26 after "100.G2e". insert. "103.4".".

)b to Bill No. 11-2001
Amendment -
BY: Mary C. Lorsung Legislative day No. 4

Allan Kittleman Date: May 7,2001
Christopher Merdon
Amendment No.
1 (This amendment wouldprohibit children less than ,!8 years of agefrom residing in a PSC
2 district or an age-restricted unit for more than 90 days annually)
3
4 On page 3, in line 12 after "OLDER.", insert "CHILDREN LESS THAN 18 YEARS OF
5 AGE SHALL NOT RESIDE IN A DWELLING UNIT FOR MORE THAN A TOTAL OF 9Q
6 DAYS PER CALENDAR YEAR.".
7
8
9 On page 28, line 25, after "OLDER.", insert "WILDREN LESS THAN 18 YEARS OF
10 AGE SHALL NOT RESIDE IN A DWELLING UNlT FOR MORE THAN A TOTAL OF 90
11 DAYS PER CALENDAR YEAR."

Date: May 7,2001
(This amendment would require that an assisted living facility would be certified or licensed by
the State).
On page 3, on line 22 after "LIVING", insert ",AND AftE IS UNDER A LICENSE OR

CERTIFICATE ISSUED BY THE STATE OF MARYLAND AS AN ASSISTED LIVING
FACILITY.
BY: Allan Kittleman Legislative Day No: A
Amendment No. L
I (Thisamendment would make a correction to the amendment.)
2 On page 1, in line1 before "UNDER", strike "ARE" and substitute "r.

Amendment to Council Bill 11-2001
L
BY: M a n IUttIeman Legislative Day No: $
Date: May 7,2001
Amendment No. &!g
(This amendment would clanfi that afacility that seeks a Home Care conditional use must be
under a license or registration by the State).
On page 5, on line 24 after ' W Y L A N D " >strike "FOR A FAMILY DAY CARE
HOME".
Amendment A to Council Bill 11-2001
BY: M a n Kittleman Legislative Day No: 6

Date: May 7,2001
Amendment Xo. &I
(This amendment would eliminate storage of explosive as a conditional use on property zoned
Rural Residential and Rural Conservation.)
On page 8, strike tine 9.
On page 8, line 10 through page 9, line 3, renurnber Subsections 104(G)(18) through (38),
to be Subsections 104(G) (17) through (37).
On page 10, strike line 30.
On page 11, on lines 1 through 24, renumber Subsections 105(G)(17)through (37), to be

Subsections 105(G)(16) through (36).
On page 71, after "the" in line 11, strike "RC,RR or".

Amendment =-to Council Bill 11-2001
BY: Allan Kittleman Legislative Day No:

Amendment No. 22
1 (This amendment would eliminate age-restricted adult housing as a matter of right in the POR
2 District and establish increased setback requirementsfor Planned Senior Community in the POR
3 District.)
4 On page 21, strike line 1 in its entirety.
5 On page 30, in lines 5 and 9 after "R-12", strike "OR R-SC", and substitute "R-SC OR
6 m.
Amendments to BilI No. 11 - 2001
BY: Mary C. Lorsung Legislative Day No. A

Date: May 7,2001
Amendment No. 23
(This amendment clarifies the requirement for independent housing units in the Planned Senior
Community District.)
1 On page 28, in line 13, after "PROVIDE, strike "AT LEAST TWO TYPES OF HOUSING,
2 INCLUDING.
s QM
On page 28, in line 15, after "AND", strike "POSSIBLY" and substitute-"
4 INCLUDE.
s On page 29, in line 9, after "HOMES.", insert "AT LEAST ONE OF THE HOUSING
6 TYPES SHALL BE INDEPENDENT SINGLE-FAh4ILY OR MULTI-FAMILY DWELLINGS.".
Amendment a t o Council Bill 11-2001
BY: Allan Kittleman Legislative Day No: k

Amendment No.
(This amendment clarifies that the counry will enforce zoning regulations concerning age
restrictions.).
On page 28, in line 29 after "RESTRICTIONS", strike "OVER TIME" and substitute
ADDITION TO COUNTY ENFORCEMENT OF ZONING REGULATIONS".
On page 33, beginning in line 12 after "DISTRICT.", strike "THE" through

"IDENTIFIED." in line 15 in its entirety, and substitute:
"THE LEGAL ENTITY THAT WILL IMPLEMENT AND MAINTAIN THE AGE
RESTRICTIONS. AS WELL THE OPEN SPACE AND COMMON FACILITIES. IS
CLEARLY IDENTIFIED. THE LEGAL ENTITY SHALL BE ABLE TO PROVIDE
EFFECTIVE ENFORCEMENT TO SUPPLEMENT comm ENFORCEMENT OF ZONING
REGULATIONS.".
On page 87, in line 27 after 'RESTRICTIONS", insert 'TN INADDITION TO C O W

ENFORCEMENT OF ZONING REGULATIONS".
Amendment (to Amendment 25 of Council Bill 11-2001

Amendment No. L
1 (This amendment would change the scope of required water and sewer service requiredfor the
2 PSC District@om "all development" to "the site".)
3 On page 1, in line 7 after the first "DEVELOPMENT', strike "ALL DEVELOPMZNT"

4 and substitute "THE SITE.

Date: May 7,2001
Amendment No.
27 --
(This amendment changes the Planned Senior ~ o r n m u n iDistrict
t~ to r e p i r e at least 10% moderate
income housing units)
I On page 29, after line 15, insert:
2 -
"8. AT LEAST TEN PERCENT OF THE DWELLING UNITS
3 MODERATE INCOME HOUSNG UNITS IN ACCORDANCE WITH
4 STANDARDSAND PROCEDURES ADOPTED BY THE COUNTYCQUNCn. . . .
Amended Amendment &to Council Bill 11-2001
BY: Allan Kittleman Legislative Day No: -6-

(This amendment would establish certain bulk restrictions in the PSC District.)
On page 30, after l i e 9, insert:

"
-
3. T - SHALL NOT EXCEED;
-
A. APARTMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60FEET
-
B. OTHERPRINCPAL STRUCTURES . . . . . . . . . . . . . . . . . . . 34 FEET
ACCESSORY STRUCTURES . . . . . . . . . . . . . . . . . . . . . . . . 15 FEET',
On page 30, on lines 10 and 19, renumber Subsections 127.1E(3) and (4). to be (4) and
(9,respectively.
Amendment -1- to Amendment 28 of Council Bill 11-2001
BY: Allan Kittleman Legislative Day No: -6-

Amendment No. 1 to Amendment No. 1
1 (Thisamendment would make a corrective amendment.)

2 On page 1, in line 3 before ,-" insert "3..
Amendment 19 to ,Council Bill 11-2001
BY: Allan Kittlernan Legislative Day No: L

Amendment No. 9
1 (This amendment would correct references to a petition that are referred to as an"application".)
2 On page 30, in line 24 afier "F.", strike "APPLICATION': and substitute "PETJTION".
3 On page 30, in the beginning of line 25, strike "AN APPLICATION", and substitute "A
4 PETITIOF.
BY: Mary C. Lorsung Legislative Day No. &-

Date: May 7,2001
Amendment NO.&
(This amendment clarzjes the application requirementsforthe PlannedSenior Community District.)
1 On page 3 1, strike beginning with "PLAN," in line 15 down through "LANDSCAPING in

2 line 16, inclusive, and substitute "PLAN WHICH INDICATES PROPOSED LANnSCAPE
9 BUFFER TYF'ES.".
4 On the same page, in line 24, after "3.", strike "WHERE APPROPRIATE" and substitute
s "DESIGN ANALYSIS".
BY: AIlan Kittleman Legislative Day No: 6

(This amendment would require the Zoning Board tofind that surrounding roadr have sufJicient
capacity to meet the increased nee& that are likely to result from the proposed development.)
On page 32, in line 15 after "SITE.", insert:
"THIS INCLUDES A DETERMINATION THAT ROADS SERVING THE PROPOSED

D 2
USE WHICH IS LIKELY TO RESULT FROM THE VOLUME AND DENSITY OF THE
PROPOSED DEVELOPMENT AS WELL AS DEVELOPMENT ON SURROUNDING
CONDITIONS OF SURROUNDING ROADS SHALL BE CONSIDERED IN MAKING THIS

.-
Amendment Ito Amendment 31 of Council Bill 11-2001
BY: Guy Guzzone Legislative Day No:
Date: May 7,2001
Amendment No. I
1 (Thisamendment would eliminate "appropriate" when referring to road capacity.)
2 On page 1, on line 6, after the first 'mJ,strike "APPROPRIATE".

Date: May 7,2001
Amendment No.
(This amendment clarifies the compatibilitystandardfor approvalof the PlannedSenior Community

Dirtrict.)
On page 32, strike in their entirety lines 16 through 19, inclusive, and substitute:
"&. PROPOSED BUILDINGS ARE COMPATIBLE WlTH R E S W E W

DEVELOPMENT IN THE VICINITY BASED ON THE SCALE AND
CHARACTER OF NEW BUILDINGS OR THROUGH SETBACKS AND
LANDSCAPING."
Amendment 3 to Council Bill 11-2001
BY: Allan Kittleman Legislative Day NO:^

Amendment No. 3;t
1
(This amendment would add consideration of the surrounding neighborhood when evaluating the
2 suitability ofproposed construction in a PSCDistrici'.)
3
4 On page 32, in line 19 after " V I C m , insert, "ANDTHE SURROUND
5 NEIGHBORHOOD. IlVG

Date: May 7,2001
Amendment No. a
(This amendment changes two of the standards for approvai of the Planned Senior Communiv
District.)
On page 32, in line 22, and on page 33, in line 6, in each instance, strike "APPROPRIATE".
Amended Amendment 35 to CounciI Bill 11-2001

(This amendment would establish common areajloor space requirements in fhe PSC District.)
On Daee 29. in line 13. after 'vathwavs' strike '.SEATING AREAS' AND
SUBSTITUTE 'AND SEATING AREAS.' and on oaae 29. strike lines 14 and 15.
7On Daae 29. after line 15. insert:
-7 8. AT LEAST ONE ON-SITE COMMUNITY BUILDING OR INTERIOR

C O ~ ~ ~ J N I T Y SPACE SHALL BE PROVIDED THAT CONTAINS A MINIMUM OF:
A.
- 20 SOUARE FEET OF FLOOR AREA PER DWELLING UNIT FOR
DEVELOPMENTS OF LESS THAN 100 DWELT .ING UNITS. OR
-
B. 10 SOUARE FEET OF FLOOR AREA PER DWELLING UNIT FOR
DEVELOPMENTS OF 100 OR MORE DWELLING UNITS . t'
Amendment 1 to Amendment 35 of Council Bill 11-2001
BY: AIlan Kittleman Legislative Day No: 6

Amendment No. 1
1 (Ibisamendment would make a correction to the amendment.)

2 On page 1, strike line 3 in its entirety, and substitute "On oaae 29. after Iine 15. insert:".
3 On page 1, in line 4 before "AT",strike '‘T,and substitute "8".
4 On page 1, strike line 10 in its entirety.

Amendment 2 to Amendment 35
Council Bill 11-2001
BY: Guy Guzzone Legislative Day No: 6

Date: May 7,2001
Amendment No. 2 to Amendment #35
1 (This amendment deletes certain requirements for recreation amenities in a Planned Senior
2 Community)
3 After line 1 of Amendment 35 insert "on page 29. in line 13, after '~athwavs'strike
4 '.SEATING AREAS' AND SUBSTITUTE 'AND SEATING AREAS.' and on ~ a 29.~ strike e
5 lines 14 and 15."
6
@YTB -2;,1~_!_.
FAILED --
&A ~kt&&
36
Amendment ,;to Council Bill 11-2001
BY: Allan Kittleman

Chris Merdon
-
Legislative Day No: 12
Date: May 7,2001
Amendment No. 3.6
1 (This amendment would require that the location of the proposed site for PSCzoning is in
2 conformity with the General Plan.)
3
"
5 11.
-
6 GENEFL4L PLAN. . 9,

Date: May 7,2001
&
37 ,,
Amendment No.
(This amendment clarjfies that minor modifications to site plans in the PSC District may include
revisions to unit models, not the types ofunits.)
On page 38, line 14, strike "HOUSE-TYPE and substitute "HOUSE MODEL".
3
Amendment 2to
P Conncil Bill 11-2001
BY: N a n Kittleman Legislative Day No:

,
!3r
-
Amendment No. 1
1 (This amendment would clanfy that the Board should not consider issuance of a federal, state or
2 local pennit or approval under the Adequate Public Facilities test when evaluating a conditional
3 use plan.)
4 -
. 43. afer line 27. insert:
On oarre
5 '2; FOR THE LIMITED PURPOSES OF TKE EVAJ W I O N FOR A CONDmONAI
6 U F PL.48 O\T I3 l(BMIY A) AND fB)ABOVF LSSUAVCF OF A FEDFRAL. ST-
- -
7 QR LOCAL PERMIT. OR APPROVAL FROM A D E O U D PUBTIC

8 FACILITIES TEST PURSUANT TO 616.1 I05 OF THE HOWA-RD CQ-rMry CODE
9 SHALL NOT BE CONSIDERED CONCLUSIVE EVIDENCE IN S U P P W OF A
10 CONDrTIONAL USE. . 9,
11 On page 43, in the beginning of line 28, strike "2." and substitute '‘Y.
46
Amendment - ro Council Bill 11-2001
BY: Allan Kittleman Legislative Day No: -

Amendment No. - ' q0
1 (Thisamendment would correct references to a petition that are referred to as ad'application".)
2 On page 46, in line 22 after "F.", strike "AF'PLICATION" and substitute, "PETITION"
3 On page 46, in line 23, after "l.", strike "APPLICATIONS" and substitute,
4 "PETITIONS'.
5 On page 46, in line 24 after "Zoning", strike "IN ACCORDANCE WITH THE
6 PETITION CHECKLIST. The application", and substitute, "[[. The application]] and".
tl'
Amendment -. ;o Council Bill 11-2001

Amendment No., 4I
@is amendment would require communily meetings prior to submission of a conditional use
petition.)

4'
-
1. PF3 R T
a
IDENTIFY ALL
ASSOCIATIONS WHICH REPRESENT NETCTHBORHOODS ARJO-
THE DEVELOPMENT AND HAVE REGISTERED WJTH THE
DEPARTMENT OF PLANNING AND ZONING. THE PETITIONER SHALL
ALSO MAKE A GOOD FAITH E E O R T TO IDENTIFY OTHER
HOMEOWNERS ASSOCIATIONS rLW COMMLNTY ASSOCJATIOKS
FOR NEIGHBOFUOODS ADJOINNG THE PROPOSED CO-
USE. THE PETITIONER SHAT L SEND A NOTICE TO THE PRF-
OF THE ASSOCIATIONS BY CEmD MAIL. 1JSING THE MOST
BRIEF DESCRIPTION OF THE PROPOSED CONDlTIONAL USE AND AN

INVITATIOh' FOR THE ASSOCIAITON OR INTERESTED KDNIDUALS
TO MEET WITH THE PETITIONER'S REPRESENTATTVES TO DISCUSS
-
THE PROPOSED CONDITIONAL USE .".
On pages 46 and 47, renumber Subsections 13 l ( F ) ( l )through (3),to be 13 1(F)(2)

through (4), respectively.
~ m e n d m e n t @ to Council Bill 11-2001

Amendment No. Ja
(Thk amendment would add certain requirements to a conditional use petition.)
On page 46, in lines 27 and 28, strike ",",in each and every instance, and substitute ";".
On page 46, in line 28 after "features", insert "DJCLUDING BUT NOT L M T E D TQ

WETLANDS. STEEP SLOPES. TREE AND FOREST COVER; GRADING: PROPOSED
LIMITS OF DISTURBANCE".
On page 46, in line 30 after "VIBRATIONS,", insert "WASTE DISPOSAL,",

On page 46, in line 3 1, after "THE, insert "PROPOSED".
'%;- MATERIALS OR DOCUMENTS RELATED TO THE PROPOSED CONDITIONAL

USE SUBMITTED TO ANY FEDERAL. STATE OR LOCAL GOVERNMENT
M C Y BY RESPONSE TO
SUBMISSION.".
On page 47, in line 1, after "PROPERTIES", insert "OR SURROUNDING

NEIGHBORHOOD.
On page 47, in line 2 after "C.", insert "[1".
On page 47, in h e 3 after "studies,", strike "[[ifl] MAY B E , and substitute "if'.
On page 47, in line 4 after "regulations." insert '71 ANY REPORTS OR SPECIFIC
S IE E
THED
R
AO
PB- BOBOARD OF AP- . ..
STUDIFS TO BE RELIED UPON B Y THE PETITIONER AT THE HEARINGS BEFORE
On page 47, in lines 2 and 5, strike "C." and "D", and substitute 'Q", and "r,
respectively.
I On page 47,after line 8, insert:
2 "22 THE PETITION FOR THF COW- USE S W . LBE MADE

AVAILABLE FOR PUBLIC AT W T 30 DA-
PL CONSIDE-N OF n
.
6 On page 47,in lines 9 and 13, strilce '2."and "3." and substitute ‘‘Y,
and "&",
7 respectively.

1 ( n i s amendment would require the property owner to mail interested persons to inform them
2 about the public hearing for a proposed conditional use modification.)
4 6
'
-
B. THE PETITIONER SHALL CERTIFY THAT A
5 COPY OF THE REOUEST FOR A MODIFICATION H A S BEEN SENT
6 BY CERTIFIED MAIL TO ADJOINING PROPERTY OWNERS AND
7 TO THE ADDRESSES GIVEN IN THE OFFICIAL REC-
8 BOARD OF APPEALS CASE FOR ALL PERSONS WHO
9 WERE PARTIES TQ
10 THE ORIGINAL PROCEEDING,".
11 On page 48, renumber subsections 13 l(H)(4)(b) through (d), to be 13 1(H)(4)(c) through

12 (e), respectively.
Amendment 1_to Amendnlent 43 of Council Bill 11-2001

Amendment No.
1 (This amendment would clarify that people who signed in at the public hearing, testified or sent a
2 letter to the Board should be sent notice and corrects a reference in the amendment.)
3 On page 1, in line 4 after the first 'm,strike "PROPERTY OWNER", and substitute
4 "PETITIONER".
5 On page 1, in line 8 after "w,

strike "SIGNED IN AT THE PUBLIC HEAREVG ON
6 THE PETITION, and substitute "WERE PARTIES TO THE ORIGINAL PWCEEDING . 7,
Amendment 5(l;ko Council Bill 11-2001

Amendment No. A1)Y
1 (This amendment would create a grace period h m the date of a Decision or Order or appeal
2 thereof, in which a modification of a conditional use can not be sought unless certain conditions
3 are met.)
5 "L THE PETITION FOR MODIFICATION S H N I,NOT BE SUB-

6 THAN 24 MONTHS AFTER THE DATE OF THE DECISION ANR ORDER
7 YRI INALLY IF Sum
DECISION IS APPEALED. LESS T I M 24 MONTHS AFTER THE DATE OF
0
DEMONSTRATE THAT THE REOUESTED MODIFTCArnN WAS NOT
y
REA NABLY F T r nTHE
ORIGINAL PETITION.".
13 On page 48, renumber subsections 131(H)(4)@)through (d), to be 131(H)(4)(c)through

14 (e), respectively.
Amendment 20
Councir Bill 11-2001
BY: Allan Kinleman Legislative Day No:

Cbris Merdon Date: May 7,2001
Amendment No.
(This amendment would require the Board to consider the effects of approved and proposed uses
on the site property and vicinal properties in considering a proposed modification.)
On page 48, in line 23 after "petition.", insert "[r.

On page 48, in line 25 after "petitioner.", insert "l;l AT TEE PUBLIC HEARING.
BOARD SHALL CONSDER A M-ATION
gr
C~HT F OU EFFECTS OE
. sm- -HT
SHALL MAKE FINDINGS OF FACT AFT1 T C A B W EENTIRE CO-
W.

1 (13ris amendment would change notification requirements to inclua2 aN those who signed in at
2 the public hearingfor an extension of a conditional use.)
3 On page 50,in line 9 after "who", strike 'Yestified", and substitute "Jrtestified at the oublic
4 hearing on the ~etitionll?36NBHNWERE PARTIES T0 THE 0RIa A L PROCEEDING".
BY: Ailan Kittleman 6

Legislative Day No: -
Amendment No. 1
1 (This amendment would clarify whom is sent notice.)
2 On page 1, in line 3 before "I]", insert at the public hearing on the petition".
3 On page 1, in line 3, strike "SIGNED IN", and substitute "WERE PARTIES TO THE
4 QRIGINAL PROCEEDINV.

Amendment No. y8
1 (This amendment would make it mandatolyfor DPZ to request a revocation hearing $a

2 conditional use violation is not corrected within 30 days of an issued violation notice.)
3 On page 51, in line 10, after "ZONING", strike "may", and substitute "umavll SHALL".
Amendment 49 to Council Bill 11-2001

Date: May 7,2001
Amendment No. 49
(This amendment would increase setback requirementsfor helicopters.)
On pages 54, after "LEAST", in line 7, strike "100" and substitute "700".
On page 54, after ''LINE", on line 7, insert "AND AT LEAST 1.000 FEET FROM ANY
PUBLIC OR PRIVATE INSTITUTION. SUCH AS SCHOOLS. HOSPITALS. AND
CHURCHES.".
On page 54, after "lines", in line 13, strike "or buildings on property not owned by any of
the petitioners" and substitute "[or buildings on oror)ertv not owned bv anv of the vetitioners~.
On pages 55, after "LEAST', in line 18, strike "100" and substitute '70IJ"
On page 55, after "LINE", in line 18, insert ",4ND AT LEAST 1.000 FEET FROM ANY
PUBLIC OR PRIVATE INSTITUTION. SUCH AS SCHOOLS. HOSPITALS, AND
CHURCHES.".
On pages 57, after "LEAST', in line 9, strike "100" and substitute "700".
On page 57, after "LINE", in line 9, insert ''WAT LEAST 1.000 F'EJ?T FROM ANY
PUBLIC OR PRIVATE INSTITUTION. SUCH AS SCHOOLS. HOSPITALS AND
CHURCHES.".
3Q

Amendment No.
1 (This amendment would create an additional setback requirements for athletic fields with outdoor
2 lighting.)
3 On page 59, in line 14 after "C.", insert:

4 "EXCEPT THAT OUTDOOR ATHLETIC FACILITIES EOUIPPED WITH LIGHTING FQB
5 NIGHT TIME USE SHALL BE AT LEAST 250 FEET FROM A RESIDENTIALLY-ZONED
6 PROPERTIES, . 3.
Amendment a to Council Bill 11-2001
BY: Allan Kittleman Legislative Day No: I
Date: May 7,2001
Amendment No. $4
(This amendment would h i t the amount ofpropane gas and other liquifedpetroleum in the B-2
District.)
On page 62, in lines 20 after "area.", strike "INTHE B-2 AND M-1 DISTRICTS,", and
substitute, "EXCEPT THAT TOTAL STORAGE OF LIOUIFIED PETROLEUM IN THE B-2
m
CONTAIN MORE THAN 1.000 GALLONS OF LIOUIFIED PETROLEUM:'.
On page 62, in line 22 after "GALLONS",. Y - "

insert
Amendment 3to Council Bill 11-2001

Amendment No. $3
1 (This amendment would clanfi, that the storage of explosive must meet minimum setback
2 requirements of at least 140feet or greater setback requirements in county adopted codes, such
3 asfire protection codes.)
4 On page 71, after "within" in line 20, strike "50 feet of a property line", and substitute,
5 "THE GREATER OF 140 FEET FROM A PROPERTY LINE OR COUNTY A D O P ~ ~
6 SETBACK REOUIREMENTS FOR THE STORAGE OF EXPLOSIVJ?S . 9,
BY: C Vernon Gray Legislative Day No: &

Date: May 7,2001
Amendment No. 53-

1 (This amendment would lower the minimum number of unitsfor a conditional useforage-
2 restricted housing.)
3 On page 84,after "OF' in line 22, strike "50", and substitute "w.
~mendment 4to Council Bill 11-2001
BY: M a n Kiffleman Legislative Day No:
Date: May 7,2001
Amendment No. 54
1 (This amendment would decrease the maximum demity allowed in age-reshicted adult housing
2 from 1.5 units per gross acre to 1 unit per net acre.)
3 On page 84, after "RR" in line 26, strike "1.5 [[2]] per gross acm", and substitute, ''U
4
Amendment -
57
,i, Council Bill 11-2001

#
Amendment No. - . '
(This amendment would establish common area floor space requirementsfor age-restricted
developments with less than I00 units.)
On page 87, strike lines 2 through 6 in their entirety, and substitute:
AT LEAST ONE ON-SITE COMMUNITY BUDDING OR INTERIOR COMMUNITY

SPACE SHALL BE PROVIDED THAT CONTAINS A MINIMUM OF:
-
1. 20 SOUARE FEET OF FLOOR AREA PER DWELLING UNIT FOR
DEVELOPMENTS OF LESS THAN 100 DWELLING UNITS, OR
-
2. 10 SOUARE FEET OF FLOOR AREA PER DWELLING UNIT FOR
DEVELOPMENTS OF 100 OR MORE DWELLING UMTS . '6
-

Date: May 7,2001
Amendment No. 9
(This amendment changes the Age-restricted Adult Housing conditional use to require at least 10%
moderate income housing units)
2 -
"N. AT LEAST TEN PERCENT OF THE DWELLING UNITS SHALL
s MODERATE INCOME HOUSING UNITS IN ACCQRDANCE
4 -!DURES ADOPTED BY THE COUNTY COUNCJL:'
Amendment a to Council Bill 11-2001

Amendment No. 5 9
1 (This amendment would increase setback requirements for landscape contractors and retail
2 greenhouses.)
3 -
On page 99, line 11 after "LEAST', strike "5" and substitute, "10".

CB11 2011 PGCC Conditional Use PDF

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County Council of Howard County, Maryland

2001 Legislative Session Legislative day # 3

BILL NO. 11 - 2001 (ZRA 30)

for r m d h e ~la public hwringon 14 , 2001.

Shsh M. T O W , Admhkmror lo Bs County Council

g. N.38 "Parking Facilities Adjacent to Historic Structures";

SECTION 103: DEFINITIONS

SECTION 104: RC DISTRICT

PCHILD DAY CARE CENTERS AND NURSERY

18 +B 12. FARM TENANT HOUSE

SECTION 105: R R DISTRICT

+3 16.FARM TENANT HOUSE

SECTION 107: R-ED DISTRICT

PCHlLD DAY CARE CENTERS AND NURSERY

SECTION 108: R-20 DISTRICT

SECTION 109: R-:l2 DISTRICT

PCHILD DAY CARE CENTERS AND NURSERY

SECTION 110: R-SC DISTRICT

PCHILD DAY CARE CENTERS AND NURSERY

SECTION 111: R-SA-8 DISTRICT

PCHILD DAY CARE CENTERS AND NURSERY

SECTION 112: R-A-15 DISTRICT

PCHILD DAY CARE CENTERS AND NURSERY

SECTION 114.1: R-VH DISTRICT

SECTION 114.2: HO DISTRICT

SECTION 114.3: HC DISTRICT

PCHILD DAY CARE CENTERS AND NURSERY

SECTION 115: POR DISTRICT

SECTION 116: PEC DISTRICT

SECTION 117 - CC DISTRICT

SECTION 118: B-1 DISTRICT

SECTION 119: B-2 DISTRICT

SECTION 120: SC DISTRICT

SECTION 121: BR DISTRICT

SECTION 122: M-1 DISTRICT

SECTION 123: M-2 DISTRICT

CHILD DAY CARE CENTERS AND NURSERY

SECTION 124 - SW DISTRlCT

26 SECTION 125 - NT DISTRICT

SECTION 126: PGCC DISTRICT

SECTION 127.1: PSC DISTRICT (PLANNED.SENIOR COMMUNITY)

2, AT THE PRELIMINARY DEVELOPMENT PLAN STAGE AND SUBSEOUENT

AT LEAST TEN PERCENT OF THE DWELLING UNITS SHALL BE

SECTION 128 - SUPPLEMENTARY ZONING DISTRICT REGULATIONS

SECTION 130 - BOARD O F APPEALS

30. [[Housing for Elderly and/or Handicapped Persons]] AGE-RESTRICTED

20 SOUARE FEET OF FLOOR AREA PER DWELLING UNIT

48. LANDSCAPE CONTRACTORS O R Retail Greenhouses [[, and Retail]] AND

THE ADJOINING LAND OR IS COMMITTED TO A LONG

59. Yard Waste Composting Facility

SECTION 133: O F F STREET PARKING AND LOADING FACILITIES

SECTION 134: OUTDOOR LIGHTING

S h e i i M. Tolliver, Administrator to the County Council

Sheila M. Tolliver, Administrator to the County Council

Sheila M. Tolliver, Administrator to the County Council

Sheila M. Tolliver. Administrator to the County Council

Sheila M. Tolliver, Administrator to the County Council

BY: Mary C. Lorsung Legislative Day No.

(This amendment retains "MuseumsandLzbraries " as a conditionaZ use.)

2 - Museums and Libraries

BY: Chairpenon at the request Legislative Day No. 5

1 On page 2, in line 21, strike "APPLICATIONS", and substitute "CASESS