The purposes of this article are:
A. 
To encourage innovations and design excellence in development by permitting variety in type, design and layout of buildings.
B. 
To provide opportunities for recreation and open space.
C. 
To encourage efficient use of land and public services.
D. 
To provide flexibility in land development and protection of sensitive environmental and agricultural features.
A. 
Administrative approval. The following special developments shall be subject to review and approval by the Director of Planning:
(1) 
Conventional with open space (COS).
(2) 
Conservation development standards (CDS).
(3) 
Agricultural/commercial.
(4) 
Garden and mid-rise apartment dwellings.
(5) 
Nursing homes and assisted living facilities in the Chesapeake Science and Security Corridor only.
(6) 
Mixed use centers in the development envelope, as defined on the most recent land use plan.
[Amended by Bill No. 09-31]
(7) 
Planned employment center in the ENOD only.
(8) 
Traditional neighborhood design in the ENOD only.
(9) 
Integrated community shopping center (ICSC) 100,000 square feet or less in the Chesapeake Science and Security Corridor only.
(10) 
Mobile home subdivision (MHS) in the R3 and R4 Districts only. At the time of submission of an application for approval of a MHS, the property owner shall notify all adjacent property owners of the intent to develop an MHS. In considering the application for an MHS, the Director of Planning must consider the limitations, guides and standards outlined in § 267-9 (Board of Appeals).
(11) 
Housing for the elderly.
(12) 
Continuing care retirement community (CCRC).
(13) 
Corporate office park (COP).
(14) 
Retail/service/office uses in the RO District.
(15) 
Animal shelters.
[Added by Bill No. 12-48]
B. 
Board approval. The following special developments shall be subject to approval of the Board pursuant to this section and § 267-9 (Board of Appeals):
(1) 
Planned residential development.
(2) 
Mobile home park.
(3) 
The location on a parcel or a portion thereof for a proposed ICSC. The development plans for any integrated community shopping centers shall be approved by the Director of Planning in accordance with this article.
(4) 
The location on a parcel or portion thereof for a Chesapeake Science and Security Corridor shopping center over 100,000 square feet.
C. 
Prior to approval by the Board of the special development identified in Subsection B(1) and (2), the Board shall determine that the proposed project complies with the development and design standards set forth herein and is consistent with the purpose of this section and the limitations, guides and standards noted in § 267-9 (Board of Appeals):
(1) 
The Board shall consider the report of the Director of Planning regarding the project's compliance with this section upon the applicant's submission of information as required in § 267-12A(2) (Concept plan).
(2) 
The Director of Planning may approve modification or amendment of the project plan after Board approval upon a finding that the modification or amendments comply with the requirements of this section.
D. 
Prior to approval of the location of an ICSC, the Director of Planning shall prepare a report regarding the project's compliance with the standards in § 267-9 (Board of Appeals). To provide adequate information for this report, the Director of Planning may require the submission of a concept plan for the site, a traffic impact study, a market feasibility study and other information as needed to determine project compliance. The Board shall consider the report of the Director of Planning and specific recommendations contained therein in its decision regarding the location of a shopping center.
The following general requirements shall be applicable to all projects developed under this article:
A. 
The protection of trees shall be considered in determining the location of open space and development areas.
B. 
The project shall be designed to minimize earthmoving, erosion and the disturbance of environmentally sensitive features.
C. 
The road system shall be designed as harmonious with the topography and adjacent public roads and designed to allow for a network of roads which interconnect throughout the development.
D. 
The project shall be served by public water supply and public sewerage disposal unless developing under guidelines in § 267-73 (AG commercial), § 267-72 (Conservation development standards) and § 267-85.1 (Animal shelters).
[Amended by Bill No. 12-48]
E. 
All public roads and intersections and parking areas and areas of high pedestrian use shall be adequately lighted and arranged to direct light away from residences.
F. 
All other requirements of this Part 1 shall apply. In the event of a conflict with other sections of this Part 1, the specific provisions of this article shall apply, except in water source protection areas, in which case the most restrictive shall apply.
G. 
Projects developed under this article shall be consistent with the Harford County Subdivision Regulations.
A. 
Eligibility. A COS shall have a minimum parcel size of 5 acres in the R1, R2, R3 and R4 Districts.
B. 
Permitted uses. The uses permitted in a conventional with open space development shall be those uses permitted in the appropriate district.
C. 
Density. Allowable densities are set forth in § 267-55 (R1, R2, R3 and R4 Urban Residential Districts).
(1) 
Site design.
(a) 
The project shall be designed with regard to the soils, topography and natural features of the parcel.
(b) 
All residential structures shall be sited so as to promote privacy and ensure natural light for all living areas.
(c) 
Permitted variations in yard setbacks are set forth in § 267-23 (Yards).
(d) 
Buildings near the periphery of the project shall be harmonious with neighboring areas and shall provide adequate transition in density and type. A buffer yard may be required to facilitate the transition between the existing neighborhood and the proposed COS development. The Department shall determine the appropriate buffer yard.
(e) 
No building shall be located within 10 feet of the road right-of-way.
(f) 
Pedestrian/bicycle amenities and linkages shall be provided, including linkages to open space areas.
(2) 
Vehicular circulation and access.
(a) 
The project roads shall be designed to provide a logical road network adequate for internal movement.
(b) 
The project must be directly accessible from 1 or more existing or planned arterial, collector or primary residential roads.
(3) 
Open space. The open space shall be easily and safely accessible to the residents and protective of natural features. The following open space requirements shall be met:
(a) 
In a conventional with open space development, open space shall be provided as follows:
District
Minimum Open Space
(percent of parcel area)
R1
10%
R2
10%
R3 (single-family attached and detached)
15%
R3 (all other dwelling types)
20%
R4
20%
(b) 
All open space shall be provided pursuant to § 267-31 (Open space).
(4) 
Recreational facilities. Adequate recreational facilities shall be provided in each phase of development to meet the needs of the residents.
A. 
Eligibility. A PRD shall have a minimum parcel size of 5 acres in the R3 and R4 Districts.
B. 
Permitted uses. The uses permitted in a PRD shall be those uses permitted in the appropriate district. Business uses in a planned residential development project developed in the R4 District are permitted provided that such uses do not exceed 1,000 square feet of gross floor area for every 100 dwelling units.
C. 
Density. Allowable densities are set forth in § 267-55 (R1, R2, R3 and R4 Urban Residential Districts).
(1) 
Site design.
(a) 
The project shall be designed with regard to the soils, topography and natural features of the parcel.
(b) 
All residential structures shall be sited so as to promote privacy and ensure natural light for all living areas.
(c) 
Permitted variations in yard setbacks are set forth in § 267-23 (Yards).
(d) 
Buildings near the periphery of the project shall be harmonious with neighboring areas and shall provide adequate transition in density and type. A buffer yard may be required to facilitate the transition between the existing neighborhood and the proposed PRD development. The Department shall determine the appropriate buffer yard.
(e) 
No building shall be located within 10 feet of the road right-of-way.
(f) 
Pedestrian/bicycle amenities and linkages shall be provided, including linkages to open space areas.
(2) 
Vehicular circulation and access.
(a) 
The project roads shall be designed to provide a logical road network adequate for internal movement.
(b) 
The project must be directly accessible from 1 or more existing or planned arterial, collector or primary residential roads.
(3) 
Open space. The open space shall be easily and safely accessible to the residents and protective of natural features. The following open space requirements shall be met:
(a) 
In a PRD, open space shall be provided as follows:
District
Minimum Open Space
(percent of parcel area)
R3
20%
R4 (except high rise)
25%
R4 (high-rise)
30%
(b) 
All open space shall be provided pursuant to § 267-31 (Open space).
(4) 
Recreational facilities. Adequate recreational facilities shall be provided in each phase of development to meet the needs of the residents.
(5) 
The Board may approve modifications to the design requirements listed on Tables 55-3.1, 55-3.2, 55-4.1, 55-4.2 and 55-4.3[1] in § 267-55 (R1, R2, R3 and R4 Urban Residential Districts).
[1]
Editor's Note: Said tables are included at the end of this chapter.
A. 
The provisions of these development standards may be applied to single-family detached subdivisions located within the Agricultural District.
(1) 
In order for a parcel to be developed under conservation development standards, it must be a minimum of 35 acres in size.
(2) 
Allowable densities under conservation development standards shall be that set forth in this § 267-53 (AG Agricultural District).
(3) 
The developable area shall not exceed 25% of the total parcel, including all land necessary to accommodate utilities and infrastructure, including roads, water, wastewater and electric lines. The preservation area shall not be less than 75% of the total parcel.
(4) 
The developer shall submit a scaled drawing of the property. The drawing shall include the property boundaries, the general lot designs, road locations, forested areas, steep slopes, wetlands, streams and other sensitive areas. In addition, the drawing shall show the remaining agricultural use on the property, including agricultural buildings, cropland and pasture areas.
B. 
The following uses are permitted in the preservation area, pursuant to the lot and setback requirements of this section.
(1) 
Agriculture.
(2) 
Agricultural public events.
(3) 
Agricultural retail sales.
(4) 
Agricultural commercial.
(5) 
Forestry.
(6) 
Public service use.
(7) 
Greenhouses and nurseries, commercial.
(8) 
Park.
(9) 
Wildlife refuge.
C. 
The uses allowed in the developable area shall be limited to single-family residential dwellings.
D. 
Design standards.
(1) 
Development shall be designed in a manner that will minimize the effect on cropland, pasture, forest and areas of other significant value.
(2) 
The preservation area should be determined with reference to the location of forested and agricultural land or preservation areas on adjacent properties so as to maintain contiguity where feasible.
(3) 
All land in the preservation area, whether part of the created subdivision or platted and recorded separately, shall be subject to an easement in perpetuity in a form to be approved by the Department of Law and recorded in the land records of Harford County, Maryland, restricting any future development on that property, except those permitted in Subsection B.
(4) 
If future public necessity warrants, the property owner and the County may agree to amend the terms of the easement, subject to the following requirements:
(a) 
The land may be developed only for a nonresidential use that is beneficial to the community, as specified in the amended easement;
(b) 
The agreement of the County Council shall be evidenced by legislative act of the Council; and
(c) 
An amended easement shall be effective only upon its recordation in the land records of the County.
(5) 
Public roads shall be designed in a manner that is consistent with the Harford County Road Code and with the surrounding rural character.
(6) 
The easement shall not provide for public access to any privately-owned land.
(7) 
Landscaping and buffering. Landscaping and buffering in developable areas shall conform to the regulations in § 267-29 (Landscaping) and § 267-30 (Buffer yards).
A. 
General provisions. The following general requirements shall be applicable to all projects developed under this article:
]Amended by Bill Nos. 13-52; 15-023[1]]
(1) 
Must be approved by the Director of Planning.
(2) 
Except as otherwise provided in this subsection, the parcel shall be a minimum of 10 acres.
(3) 
For the 3 years prior to application for approval, gross agricultural income shall have been at least $15,000 annually, as set forth on Internal Revenue Code Schedule F, or as set forth on any other financial documentation requested and approved by the Department of Planning and Zoning. Gross agricultural income shall remain at least $15,000 annually as set forth in this Subsection (3).
(4) 
The parcel shall be zoned and assessed agricultural.
(5) 
Meets the specific criteria for the use.
(6) 
Must be owner or tenant operated.
(7) 
Safe and adequate access shall be provided for vehicular traffic, as determined by the State Highway Administration or Harford County.
(8) 
Hours of operation are permitted between 6:00 a.m. and 10:00 p.m. unless otherwise specified.
(9) 
Any lighting shall be shielded and directed away from any off-site residence and may be used only during permitted hours of operation.
(10) 
Buildings in which animals are housed shall comply with § 267-53 (AG Agricultural District).
(11) 
Setbacks for these uses shall be a minimum of 100 feet from any property line except road frontage and 200 feet from any off-site residence. A buffer yard shall be provided between any parking or storage area and any public road and any off-site residence.[2]
[2]
Editor’s Note: A temporary moratorium on the application of this subsection as it relates to outdoor dining uses only for bars, breweries, nightclubs and restaurants was renewed by Bill No. 22-019. The provisions are waived, provided that all fire, life safety and Americans with Disability Act requirements are met. The temporary moratorium shall sunset 12-31-2023, unless renewed by legislative act.
(12) 
Written approval from the record owner is necessary if someone other than the owner of record is operating the use.
[1]
Editor’s Note: This bill also stated that it does not apply to projects that have applied for preliminary or site plan approval prior to September 15, 2015.
B. 
Amusements.
(1) 
Commercial riding stables.
(a) 
Parking shall be provided a minimum of 100 feet from property lines except road frontage and 200 feet from any off-site residence.
(b) 
Pursuant to § 267-30 (Buffer Yards), the property on which the commercial stable is located shall be buffered with a Type "C" buffer. The buffer yard may be included in the setback area.
(2) 
Private parties and receptions.
(a) 
Unless located entirely within an enclosed building, this use shall not be located less than 100 feet from any lot line except road frontage and 200 feet from any off-site residence.
(b) 
Adequate parking shall be provided on site and screened from any off-site residence.
(c) 
Hours of operation are not permitted between 12:00 midnight and 6:00 a.m.
(3) 
Farm breweries.
[Added by Bill No. 15-039; amended by Bill Nos. 19-015; 21-020]
(a) 
Adequate parking shall be provided on site and screened from any off-site residence. No off-site parking shall be permitted.[3]
[3]
Editor’s Note: A temporary moratorium on the application of this subsection as it relates to outdoor dining uses only for bars, breweries, nightclubs and restaurants was renewed by Bill No. 22-019. The provisions are waived, provided that all fire, life safety and Americans with Disability Act requirements are met. The temporary moratorium shall sunset 12-31-2023, unless renewed by legislative act.
(b) 
The parcel shall be at least 25 acres.
(c) 
The parcel upon which the farm brewery is located shall produce a minimum of 2 acres of grain, hops, fruit, or other ingredient, excluding water, that is utilized in the brewery production of the alcoholic beverages. Alternatively, the crops utilized by the brewery may be grown on an off-site parcel provided it is owned and operated by the owner of the farm brewery. Starting no later than 3 years following the receipt of all necessary approvals, the farm brewery shall brew a minimum of 35% of its total brewery product on the parcel where the brewery is physically located.[4]
[4]
Editor’s Note: A temporary moratorium on the application of this subsection as it relates to outdoor dining uses only for bars, breweries, nightclubs and restaurants was renewed by Bill No. 22-019. The provisions are waived, provided that all fire, life safety and Americans with Disability Act requirements are met. The temporary moratorium shall sunset 12-31-2023, unless renewed by legislative act.
(d) 
Hours of operation are permitted between 10:00 a.m. and 10:00 p.m.
(e) 
Any enclosed structure, or portion thereof, to be used for tastings, sales or events shall not exceed 2,500 square feet. Calculation of the 2,500 square feet devoted to tastings, sales and events will be based on the floor area devoted to customer service, excluding rest rooms and storage.
(f) 
Events designed to promote the farm brewery shall be permitted on the property, subject to the applicable requirements and conditions set forth in the Alcoholic Beverages Article of the Maryland Annotated Code, as amended.
(g) 
The owner shall obtain all other necessary and required federal and state licenses and approvals prior to operating.
(h) 
In the event the farm brewery will be accessed by a private road upon which other property owners have an easement to use, the owner of the farm brewery shall submit affidavits of support from all easement owners. The form of the affidavit shall be approved by the Department of Planning and Zoning prior to signature.
(i) 
Any building used in connection with the farm brewery shall be located a minimum of 300 feet from any lot line.
C. 
Industrial uses associated with agricultural uses as provided for in the Use Charts.[5]
(1) 
Any new buildings or additions shall be located a minimum of 100 feet from any lot line except road frontage and 200 feet from any off-site residence. Existing buildings shall be exempt.
(2) 
Outside storage is permitted provided it is a minimum of 200 feet from any off-site residence and buffered pursuant to § 267-30 (Buffer yards).
[5]
Editor's Note: The Permitted Use Charts are included as an attachment to this chapter.
D. 
Motor vehicle.
(1) 
Commercial or construction vehicles and equipment storage, service and repair, used in the farming operation and owned by the farmer or tenant operator may be located on the property provided that the parcel is a minimum of 20 acres. The storage of commercial or construction vehicles and equipment shall be located not less than 100 feet from any property line except road frontage and 200 feet from any off-site residence and buffered pursuant to § 267-30 (Buffer yards).
(a) 
Farm vehicles or pieces of equipment may be located on the farm property provided that the parcel is a minimum of 20 acres.
(b) 
Storage of these vehicles or equipment for repair shall be a minimum of 200 feet from any off-site residence and buffered pursuant to § 267-30 (Buffer yards).
(2) 
School buses. A maximum of 25 school buses may be located on the property provided that the parcel is a minimum of 20 acres. School buses shall be located not less than 100 feet from any property line except road frontage and 200 feet from any off-site residence and buffered pursuant to § 267-30 (Buffer yards).
E. 
Retail trade.
[Amended by Bill No. 17-004]
(1) 
Feed and grain storage and sales.
(a) 
Adequate on-site parking shall be gravel covered and a minimum of 100 feet from any lot line except road frontage and 200 feet from any off-site residence.
(b) 
Hours of operation are permitted between 6:00 a.m. and 10:00 p.m. unless otherwise specified.
(2) 
Farm markets, private.
(3) 
Auction houses–animal and agricultural related products or non-agricultural related.
(a) 
Auctions shall be limited to 2 sales per month.
(b) 
Adequate on-site parking shall be provided.
(c) 
Outside sales or storage shall be a minimum of 100 feet from any lot line.
(d) 
Sales items shall not be stored outside for more than 30 days.
F. 
Services.
(1) 
Veterinary practice, large animals.
(a) 
Hours of operation shall not be limited for this use.
(b) 
The entire use must be setback 100 feet from any lot line except road frontage and 200 feet from any off-site residence.
(2) 
Restaurants and brewery, pub.
[Amended by Bill No. 19-015]
(a) 
Shall not have seating capacity to accommodate more than 30 patrons.[6]
[6]
Editor’s Note: A temporary moratorium on the application of this subsection as it relates to outdoor dining uses only for bars, breweries, nightclubs and restaurants was renewed by Bill No. 22-019. The provisions are waived, provided that all fire, life safety and Americans with Disability Act requirements are met. The temporary moratorium shall sunset 12-31-2023, unless renewed by legislative act.
(b) 
Any lighting shall be shielded and directed away from any off-site residence and may be used only during permitted hours of operation.
(c) 
Adequate on-site parking shall be gravel covered and a minimum of 100 feet from any lot line except road frontage and 200 feet from any off-site residence.[7]
[7]
Editor’s Note: A temporary moratorium on the application of this subsection as it relates to outdoor dining uses only for bars, breweries, nightclubs and restaurants was renewed by Bill No. 22-019. The provisions are waived, provided that all fire, life safety and Americans with Disability Act requirements are met. The temporary moratorium shall sunset 12-31-2023, unless renewed by legislative act.
(d) 
Shall not be in operation between 10:00 p.m. and 6:00 a.m.
A. 
Purpose. To provide for development of multi-family dwelling unit projects in the R4 and B3 Zoning Districts. In the B3 Zoning District, garden apartments are limited solely to locations entirely within the boundaries of the Chesapeake Science and Security Corridor (CSSC).
[Amended by Bill No. 23-027]
B. 
Objectives.
(1) 
To provide opportunity for new residential and mixed use development in the development envelope.
(2) 
To encourage quality design and incorporation of limited business uses within a single development.
(3) 
To assure compatibility of the proposed land uses with internal and surrounding uses.
C. 
Development standards.
(1) 
Permitted uses. The following uses shall be permitted:
(a) 
Garden apartments. In the B3 Zoning District garden apartment uses shall be permitted as a special development only in the Chesapeake Science and Security Corridor (CSSC).
[Amended by Bill No. 23-027]
(b) 
Mid-rise apartments. In the R4 District, retail and service uses may be incorporated into the overall project for up to 30% of the gross square footage. Business uses shall be located on only the first floor of any building. No more than 1 restaurant or bar shall be permitted per project. Freestanding signs advertising the business uses shall be limited to 120 square feet in size per project.
(2) 
Access. Primary access to the GMA site shall be from a primary residential or higher functionally classified road.
(3) 
Design. The proposed project shall be designed with buildings which are compatible and harmonious with surrounding uses. Efforts shall be made to minimize the impact and maximize the aesthetics to adjoining or surrounding properties. The design shall provide for adequate buffers, pursuant to § 267-30 (Buffer yards).
(4) 
Open space. The open space shall constitute at least 20% of the parcel area, of which at least 10% shall be suitable for and devoted to active recreation. The project should be designed so that active recreational areas are suitably located and accessible to the residential dwellings and adequately buffered to ensure privacy and quiet for adjoining residential uses. All open space shall be provided pursuant to § 267-31 (Open space).
(5) 
Landscaping. Any area not used for buildings, structures or parking shall be landscaped and properly maintained, pursuant to § 267-29 (Landscaping).
(6) 
For development of garden apartments in the B3 Zoning District, which is located entirely within the boundaries of the Chesapeake Science and Security Corridor (CSSC), the R4 conventional with open space (COS) design standards shall be used. The permitted density shall not exceed 20 dwelling units per acre.
[Added by Bill No. 11-04; amended by Bill No. 23-027]
These uses may be granted in the R2 and CI Districts in the Chesapeake Science and Security Corridor, provided that:
A. 
A minimum parcel area of 5 acres is established and a maximum building coverage of 40% of the parcel is provided.
B. 
The setbacks of the district for institutional uses shall be met.
C. 
The density shall not exceed 20 beds per acre of the parcel.
D. 
In the CI District, consideration shall be given to protection of the residents from impacts of nearby industrial uses:
(1) 
To minimize exposure to noise and other emissions from roads, parking areas and industrial activities, outdoor active and passive recreation areas shall be buffered with a combination of evergreen and deciduous trees that are at least 6 feet high at the time of planting.
(2) 
Before opening the facility, its operator shall file emergency evacuation and sheltering plans for the facility with the Emergency Operations Division and the 3 closest volunteer fire and ambulance companies.
(3) 
The Director of Planning may deny an application if the proposed facility would be located near an industrial use that constitutes a potential hazard to the residents.
A. 
Purpose. To provide opportunities and incentives for high quality mixed use development that creates a synergy of uses, attractive and efficient design and a reduction of vehicle miles traveled by locating a variety of uses in one location in the B1, B2, B3, CI, GI, LI and R4 Zoning Districts within the development envelope, as defined on the most recently adopted land use plan.
B. 
Objectives.
(1) 
To encourage orderly, staged development of comprehensively designed mixed use centers.
(2) 
To create a mixture of office, retail, recreational, hotel and residential uses within a single structure or within multiple structures where all related structures, parking and open spaces are designed to function as a cohesive and integrated site, while protecting the residential character of surrounding neighborhoods.
(3) 
To provide for an enriched and enhanced natural environment by the preservation of trees and the incorporation of stormwater management techniques which maintain the hydrologic regime of the site.
(4) 
To assure compatibility of the proposed land uses with the internal and surrounding uses by incorporating innovative standards of land planning and site design.
(5) 
Encourage harmonious and coordinated development of sites, considering the existing natural features, bicycle, pedestrian and vehicular circulation and compatibility with surrounding uses.
(6) 
Encourage development that is of excellent design and architecture with a mix of uses that will create a synergy of uses, efficiency of design and a reduction of vehicle miles traveled.
C. 
Eligibility.
(1) 
In order for a project to utilize the mixed use center development standards, the property must be located in the B1, B2, B3, CI, GI, LI or R4 Zoning Districts within the development envelope, as defined on the most recently adopted land use plan.
(2) 
Any project utilizing the mixed use center development standards must utilize public water and sewer.
(3) 
A minimum parcel area of 5 acres must be established.
D. 
Permitted uses.
[Added by Bill No. 11-04]
(1) 
Any use permitted in the B1, B2, B3, CI, GI, LI and R4 Zoning Districts shall be permitted regardless of the underlying zoning district of the property.
(2) 
Mix of uses. The following percentage of floor area proposed on site as shown on all plans shall not exceed the following:
Residential uses
75% in accordance with B3 or R4 requirements as a PRD or COS development
Service uses
75% in accordance with B3 or CI requirements
Retail trade
50% in accordance with B3 or CI requirements
Institutional
50% in accordance with B3, R4, CI, LI or GI requirements
Industrial
50% in accordance with CI, LI or GI requirements
Motor vehicle/related
25% in accordance with B3 or CI requirements
Warehousing, wholesaling
25% in accordance with CI, LI or GI requirements
All other uses
25% in accordance with B3, R4 or CI, LI or GI requirements
E. 
Site design.
(1) 
The project shall provide a unified arrangement of buildings, service areas, parking and landscaped areas.
(2) 
The project shall be designed with regard to the topography and other natural features of the parcel.
(3) 
Site design shall incorporate elements that foster community interaction, including outside plazas and eating areas, focal points such as a pond or fountain, public art or other amenities that generally serve the public.
(4) 
The mixed use center may include the subdivision of individual building sites or the creation of lease spaces for freestanding buildings. The project must function as a cohesive commercial center with pedestrian linkages between the buildings. The architecture, site design, lighting and signage shall incorporate consistent design and theme elements, such as pedestrian courtyards.
(5) 
Minimum yard requirements. As specified in the underlying zoning district.
F. 
Building design. An architectural rendering of the building facade and elevations of the structures shall be submitted to the Department of Planning and Zoning as part of the site plan approval process. The rendering shall demonstrate how the project will meet the following standards and objectives:
(1) 
The patterns for placement of windows and doors and use of traditional design elements such as facade offsets, covered porticoes, recessed or projected entries and other appropriate architectural features and details is encouraged to provide relief to buildings over 40 feet in length or width.
(2) 
Architecturally harmonious materials, colors, textures and treatments should be used for all exterior walls. Contrasting colors that accent architectural details and entrances are encouraged. Preference shall be given to brick or frame buildings with the use of architectural grade (high profile dimensional) shingles and standing seam metal roofs as a unifying element. Rear facades shall be of finished quality and shall be consistent in color with the rest of the building.
G. 
Parking.
(1) 
Parking requirements in a mixed use center may be calculated by the use of the following chart. This chart takes into account that different uses have their peak parking generation periods at different times and sharing of parking spaces may be used.
Weekday
Weekend
Use
Day 6:00 a.m. to 6:00 p.m.
Evening 6:00 p.m. to 12:00 Mid
Day 6:00 a.m. to 6:00 p.m.
Evening 6:00 p.m. to 12:00 Mid
Nighttime 12:00 Mid to 6:00 a.m.
Industrial
100%
10%
10%
5%
5%
Retail and service
60%
90%
100%
70%
5%
Hotels
75%
100%
75%
100%
75%
Restaurants
50%
100%
100%
100%
10%
Movie theaters
40%
100%
80%
100%
10%
All other uses
100%
100%
100%
100%
100%
(2) 
Using the parking requirements from the Harford County Zoning Code, the highest parking requirement for any given time period is calculated using the chart above. This requirement becomes the parking requirement for the nonresidential uses in the mixed use center. All requirements for shared parking shall be addressed in any mixed use center utilizing shared parking in accordance with the Zoning Code. Residential parking requirements shall be determined from the parking requirements in the Harford County Zoning Code, as amended.
(3) 
The Director of Planning may approve the use of landscaped pavers or other pervious material for a portion of the required parking not to exceed 25% of the total parking.
H. 
Pedestrian circulation plan. Each mixed use center shall provide a pedestrian circulation plan identifying improvements that are reviewed and approved by the Department of Public Works and accomplish the following:
(1) 
Minimizes conflict between pedestrians and moving motor vehicles.
(2) 
Channels pedestrian flows to crossing areas and delineates paths across major roadways through the use of textured surfaces, striping and signage.
(3) 
Creates safe and convenient pedestrian paths from all parking areas to the buildings and between the buildings through the use of landscaped buffer areas, islands, walkways, crosswalks and traffic control devices.
(4) 
Connects internal pedestrian walkways to existing walkways and/or makes provisions for connection to future site walkways.
(5) 
Provides convenient and safe access to surrounding residential neighborhoods and commercial areas.
I. 
Vehicular circulation plan. Each mixed use center shall provide a vehicular circulation plan identifying improvements that accomplish the following:
(1) 
At principal vehicular access points, service drives, turnout lanes, traffic separation devices and merging lanes may be required based on the anticipated flow of traffic. Such service drives or turn-out and merging lanes may be allowed as part of the required yard adjacent to a collector or arterial street. No such service drive or lane, and no vehicular entrance or exits, shall be counted as part of any required landscaped area.
(2) 
Loading and service areas. Loading and service areas shall be separated from the pedestrian and customer parking areas. Service areas shall be located away from roadways to the greatest extent possible. If exposed to view, due to unusual site conditions, service areas shall be buffered from public view to the greatest extent possible.
J. 
Lighting. Each mixed use center shall provide a lighting plan identifying the following:
(1) 
A description of the type and location of lighting fixtures and the light intensity and shielding provisions to be used.
(2) 
The lighting fixtures shall be designed to assure compatibility with the building style.
(3) 
Lighting shall be designed, installed and maintained in a manner not to cause a glare or reflection on adjacent lots.
K. 
Modifications. The Director of Planning may approve modifications to the approved plans for the mixed use center, provided that the overall theme and intent of the project remains intact. Should modifications constitute a substantial change to the project, the Director of Planning may require the applicant to hold additional public meetings and/or may require the Development Advisory Committee review the amended project.
A. 
Purpose. Planned employment centers are an option for projects located in the R4, B3, LI, CI or GI Zoning Districts to promote a higher quality of economic development opportunities within the Edgewood Neighborhood Overlay District (ENOD).
B. 
Objectives.
(1) 
To promote a coordinated employment center in a variety of zoning districts that would compliment adjacent land uses.
(2) 
To encourage harmonious architecture and design standards within a project with a select number of land uses under a diverse set of residential, industrial and business zoning classifications.
(3) 
To establish a standard for employment opportunities as an integral part the community.
C. 
Eligibility. All planned employment center developments are subject to site plan approval and the following:
(1) 
A minimum parcel size of 20 acres.
(2) 
A common area to include a community green area with pedestrian walkways maintained with strict covenants by a property manager or landowner.
(3) 
The original user and any subsequent users must initially create and make reasonable efforts to maintain a minimum of 75 full-time equivalent employment opportunities.
(4) 
The maximum impervious surface coverage on the developed parcel shall be 75%.
(5) 
Trash containers/dumpsters shall be buffered on all sides exposed to street view. Construction materials for buffering shall be consistent in color and texture to the main building, pursuant to § 267-30 (Buffer yards).
(6) 
No outside display or storage is permitted.
(7) 
Loading facilities shall be buffered from public view.
(8) 
Access to the site shall accommodate anticipated traffic volumes. Pedestrian and bicycle circulation plans shall be submitted with preliminary plans indicating on-site amenities and linkages to adjacent sites. The Department of Planning and Zoning shall approve such access with concurrence from the Department of Public Works.
D. 
Permitted uses.
(1) 
Corporate offices.
(2) 
Professional services.
(3) 
Laboratory research and development.
(4) 
Educational/training.
(5) 
Retail and service uses are limited to 10% of the gross square footage of the overall project and located on the ground level.
E. 
Building design. An architectural rendering of the building facade and elevations of the structures shall be submitted to the Department of Planning and Zoning as part of the site plan approval process. The rendering shall demonstrate how the project will meet the following standards and objectives:
(1) 
The patterns for placement of windows and doors and use of traditional design elements such as facade offsets, covered porticoes, recessed or projected entries and other appropriate architectural features and details is encouraged to provide relief to buildings over 40 feet in length or width.
(2) 
Architecturally harmonious materials, colors, textures and treatments should be used for all exterior walls. Contrasting colors that accent architectural details and entrances are encouraged. Preference shall be given to brick or frame buildings with the use of architectural grade (high profile dimensional) shingles and standing seam metal roofs as a unifying element. Rear facades shall be of finished quality and shall be consistent in color with the rest of the building.
A. 
Purpose. To provide for flexibility in modifying housing types, limited retail uses and site design standards and to allow innovative designs that foster a sense of community within the Edgewood Neighborhood Overlay District (ENOD).
B. 
Objectives.
(1) 
To promote the concept of community through the design of a variety of housing types and the development of adequate open space.
(2) 
To encourage design flexibility in housing types and the architectural style of buildings within the development.
(3) 
To assure compatibility of the proposed land uses with internal and surrounding uses by incorporating different standards of land planning and site design than could be accomplished under conventional zoning categories.
(4) 
To provide for an enriched and enhanced natural environment in a community by the preservation of trees, natural topographic and geological features, wetlands, watercourses and open space.
(5) 
To encourage development in a phased or staged fashion to ensure the adequacy of the provision of public facilities and the concurrent implementation of community amenities.
C. 
Eligibility. A traditional neighborhood development shall have a parcel size of 10, 5, 3 and 3 acres in the R1, R2, R3 and R4 District, respectively.
D. 
Permitted uses. The following uses shall be permitted.
(1) 
Permitted uses include single-family detached dwellings, single-family attached dwellings and multiple-family dwellings.
(2) 
The following open space uses shall be permitted in conjunction with the residential development: community parks; recreational facilities and playgrounds; bicycle paths; greens and squares; or linkages to regional recreation and open space systems.
(3) 
Institutional uses that are permitted within the R1, R2, R3 and R4 District may be incorporated within a traditional neighborhood development. Developments for the following uses will be permitted provided that such uses do not exceed 25% of the gross land area up to a maximum of 10 acres.
(a) 
Fire station with assembly hall.
(b) 
Day care centers.
(c) 
Community centers.
(d) 
Civic service clubs.
(e) 
Private schools.
(4) 
If the Director of Planning approves the lot standards, building types, yard and building setbacks, parking, street requirements and any other design requirements necessary for development of the project, the approved standards and requirements shall be enforceable as any other standard or requirement of this Part 1.
(5) 
A traditional neighborhood development shall not apply to the main street area as defined by the ENOD and may include the following additional permitted uses:
(a) 
Residential.
[1] 
Country inns and resorts.
[2] 
Nursing homes and assisted living.
(b) 
Commercial. Any commercial use proposed in a residential district shall be part of an overall redevelopment or development plan. Development for these uses will be permitted provided that such uses do not exceed 50 square feet of gross floor area for every dwelling unit. The inclusion of the following business uses shall not affect the overall residential density calculations.
[1] 
Neighborhood market.
[2] 
Specialty shops.
[3] 
Antique shops, art galleries and museums.
[4] 
Health services and medical clinics.
[5] 
Personal services.
[6] 
Professional services.
[7] 
Restaurants.
(6) 
Live/work units are permitted provided no more than 50% of the gross square footage of the structure is utilized for professional or retail services.
E. 
Density. Allowable densities are set forth in § 267-55 (R1, R2, R3 and R4 Urban Residential Districts).
F. 
Site design.
(1) 
The project shall be designed with regard to establishing distinctive residential neighborhoods that are defined by special places and buildings rather than homogeneous housing types.
(2) 
The project shall be designed to provide a variety of housing types and open space uses to achieve a balanced and integrated community. A variety of housing types are not required in the R1 District.
(3) 
The project shall be designed with adequate buffers to minimize the visual impact of the proposed project to adjoining properties, pursuant to § 267-30 (Buffer yards).
(4) 
The project design and arrangement of buildings, streets, open space, landscaping and other elements should emphasize, enhance and incorporate scenic views, existing slopes, forests, geological features, wetlands, streams and other natural features of the site.
(5) 
The project should be designed so that active recreational areas are suitably located and accessible to the residential dwellings and adequately buffered to ensure privacy and quiet for adjoining residential uses.
(6) 
The design of the development should be compatible with and sensitive to the immediate environment of the site and neighborhood relative to architectural design, scale, bulk, building height and setbacks.
(7) 
The site design shall provide for buffering, sight breaks and buffers between the buildings on the site and adjacent buildings of different architectural styles.
(8) 
The project shall be designed so that the traffic generated by the development does not have a significant adverse impact on the surrounding development.
(9) 
To protect the public safety, the design of the project shall provide that all units be accessible to emergency vehicles by means of a paved surface or load-bearing way acceptable to the Director of the Department of Public Works. The Department of Planning and Zoning, in consultation with the Department of Public Works, shall establish standards and specifications for the paved surface or load-bearing way. The project shall be designed so that when the on-street and off-street parking areas are in use, the access of emergency vehicles is not impeded. A security vault, approved by the Fire Chief of the volunteer fire and ambulance company, located closest to the site, shall be installed on each multi-family and nonresidential structure.
G. 
Vehicular circulation and access.
(1) 
The project should be designed so that off-street parking and garages are visually unobtrusive.
(2) 
The project shall provide for a through network of roads that allows for circulation and community integration.
(3) 
The project shall be designed so that when the on-street and off-street parking areas are in use, the access of emergency vehicles is not impeded.
H. 
Open space.
(1) 
In a traditional neighborhood development, open space shall be provided as follows:
Minimum Open Space
District
Percent of Parcel Area
R1
10%
R2
10%
R3 (for single-family attached or detached)
15%
R3 (for all other dwelling types)
20%
R4
20%
(2) 
Recreational facilities shall be provided in each phase of development to meet the needs of the residents.
(3) 
Open space areas shall be designed to accommodate a variety of activities and provide for the needs of different groups of individuals.
(4) 
All open space shall be provided pursuant to § 267-31 (Open space).
I. 
Specific requirements. Prior to or at the time of recordation of a plat for a traditional neighborhood development subdivision in the land records of the County, the owner shall also record all use and development restrictions that the subdivision is subject to under the approved preliminary plan. The subdivision restrictions shall be reviewed and accepted by the Department of Law prior to recordation to ensure that all lots created on the property will be subject to all the restrictions.
J. 
A pedestrian and bicycle circulation plan shall be provided indicating on-site amenities and linkages to adjacent sites.
A. 
Development standards.
(1) 
Permitted uses. The uses permitted shall be those permitted in the appropriate district.
(2) 
Site design.
(a) 
The project shall provide a unified arrangement of buildings, service areas, parking and landscaped areas.
(b) 
The project shall be designed with regard to the topography and other natural features of the parcel.
(c) 
Materials, massing and facade design for the project shall be harmonious with the character of the neighborhood.
(d) 
Outside storage shall be limited as applicable in the appropriate district.
(e) 
Lighting shall be designed and controlled so that any light shall be shaded, shielded or directed so that light intensity or brightness does not adversely affect the operation of vehicles or reflect into residential lots or buildings. The lighting fixtures shall be designed to assure compatibility with the building style.
(f) 
Landscaping should provide for a transition from surrounding uses to the uses on the site. All other requirements set forth in § 267-29 (Landscaping) must be met.
(3) 
Vehicular circulation and access.
(a) 
The internal circulation system shall be designed to minimize through traffic and traffic conflicts within the project.
(b) 
A comprehensive pedestrian circulation system must link all uses with the intent of minimizing walking distances and reducing dependence on the private automobile for internal travel and external access.
(4) 
Loading and service areas.
(a) 
All establishments must have vehicular service access, either from an individual service drive or from a common service yard.
(b) 
All such service areas must be segregated from public areas and buffered from public view.
(c) 
Establishments over 10,000 square feet in area must have loading berths at the rate of 1 berth per 20,000 square feet or part thereof.
B. 
Specific design requirements. An ICSC shall meet the following requirements:
(1) 
Minimum road frontage of 300 feet.
(2) 
Maximum building coverage not to exceed:
District
Percentage
B2
40%
B3
45%
CI
45%
(3) 
Maximum impervious surface not to exceed:
District
Percentage
B2
85%
B3
85%
CI
85%
(4) 
No building shall be within 40 feet of the public road rights-of-way or 10 feet of parking areas.
(5) 
No building shall be less than 30 feet from the parcel boundary or 50 feet from an adjacent residential district.
A. 
Eligibility. A mobile home park shall be at least 10 acres and located in the R3 or R4 Districts.
B. 
Development standards.
(1) 
Permitted uses.
(a) 
This project may include mobile homes of single or multiple width, single-family detached homes or any combination thereof but shall not include recreational vehicles or travel trailers.
(b) 
Any project containing more than 100 dwelling units shall provide a community meeting room and an enclosed recreation area containing a minimum of 20 square feet of gross floor space per dwelling unit. A sales and management office and a convenience goods store, not to exceed 5 square feet of gross floor space per dwelling unit, may be maintained within the same structure.
(2) 
Density. The maximum density shall be 5.0 units per gross acre in an R3 District and 6.5 units per gross acre in an R4 District.
(3) 
Site design.
(a) 
All dwelling units shall be sited with regard to the topography, soils and natural features of the parcel.
(b) 
All dwelling units shall be sited to promote privacy and ensure natural light for all principal rooms.
(c) 
No structure shall be less than 50 feet from the property lines of the project, and a Type "C" buffer shall be provided along all property lines at the periphery of the project, pursuant to § 267-30 (Buffer yards).
(4) 
Vehicular circulation.
(a) 
The right-of-way for private roads shall be 40 feet. The pavement width of interior roads, whether intended to be public or private, shall be a minimum of 26 feet. In the event that off-street parking is provided, this may be reduced to 20 feet where on-street parking is prohibited and the roadway serves not more than 20 dwelling units.
(b) 
The long side of a dwelling unit may not be located within 25 feet of the right-of-way of any interior road, and the end (or short side) of a dwelling unit may not be located within 15 feet of the same. Not more than 6 homes in a row shall have the same setback. Such setbacks shall differ by at least 6 feet.
(5) 
Parking.
(a) 
There shall be 2 parking spaces, measuring at least 9 x 18 feet, for each dwelling unit.
(b) 
The required parking spaces may be located within the required front yard area of individual lots. If group parking areas are used, these areas shall be arranged so as to prevent through traffic to other parking areas and shall be buffered from adjacent projects and public roads.
(6) 
Open space and recreation.
(a) 
Twenty percent of the parcel area shall be reserved as open space or buffer yards.
(b) 
Adequate recreation facilities shall be provided in each phase of development to meet the needs of the residents.
(c) 
All open space shall be provided pursuant to § 267-31 (Open space).
C. 
Specific design requirements.
(1) 
Area requirements:
(a) 
Minimum parcel size: 10 acres.
(b) 
Minimum road frontage: 200 feet.
(c) 
Minimum dwelling unit lot area: 5,000 square feet for an R3 District and 4,500 square feet for an R4 District.
(d) 
Minimum lot width: 50 feet for an R3 District and 45 feet for an R4 District.
(e) 
Maximum impervious surface ratio: 45%.
(2) 
Setback requirements.
(a) 
Front setback: 33 feet from the center line of unreserved right-of-way or 20 feet from the public right-of-way.
(b) 
Rear setback: 20 feet; 10 feet when adjacent to open space.
(c) 
Side setback: 10 feet on side, total of 20 feet.
A. 
Eligibility. A MHS shall be at least 5 acres and located in an R3 or R4 District.
B. 
Development standards.
(1) 
Permitted uses.
(a) 
This project may include mobile homes but shall not include recreational vehicles or travel trailers.
[1] 
The mobile home unit shall be placed on a permanent foundation unpierced, except for required ventilation and access. Installation shall include a positive surface water drainage away from each unit.
[2] 
All wheels, axles, transporting lights and removable towing apparatus shall be removed from each unit prior to occupancy.
(2) 
Site design.
(a) 
All dwelling units shall be sited with regard to the topography, soils and natural features of the parcel.
(b) 
All dwelling units shall be sited to promote privacy and ensure natural light for all principal rooms.
(c) 
No structure shall be less than 50 feet from the property lines of the project. A Type "C" buffer shall be provided along all property lines at the periphery of the project, pursuant to § 267-30 (Buffer yards).
(d) 
A landscaping plan shall be submitted in accordance with § 267-29 (Landscaping).
(3) 
Vehicular circulation. The project roads shall be designed to provide a logical road network adequate for internal movement.
(4) 
Parking.
(a) 
There shall be 2 parking spaces, measuring at least 9 x 18 feet, for each dwelling unit.
(b) 
The required parking spaces may be located within the required front yard area of individual lots. If group parking areas are used, these areas shall be arranged so as to prevent through traffic to other parking areas and shall be screened from adjacent projects and public roads.
(5) 
Open space. The open space shall be generally continuous, accessible to the residents and protective of natural features. The following open space requirements shall be met:
(a) 
Open space shall be provided as follows:
District
Minimum Open Space
(percentage of parcel area)
R3
15%
R4
20%
(b) 
All open space shall be provided pursuant to § 267-31 (Open space).
(6) 
Recreational facilities. Adequate recreational facilities shall be provided in each phase of development to meet the needs of the residents.
C. 
Density and lot characteristics. The density, lot sizes and design requirements for a mobile home subdivision shall be those permitted for a conventional development of single-family detached dwellings in the zoning district in which the project is located.
D. 
For conventional with open space and planned residential developments, where a mobile home subdivision is part of a COS or PRD project, the requirements of §§ 267-70 or 267-71, respectively, shall apply in addition to the requirements of this section. All regulations applicable to both the MHS and to the COS or PRD shall be met.
A. 
Eligibility. Housing for the elderly shall have the following eligibility requirements:
(1) 
In the B2, B3 and CI Districts, the minimum lot size shall be 10 acres. In the R2, R3 and R4 Districts, the minimum lot size shall be 4 acres.
(2) 
Where such a project cannot be served by public water supply and public sewage disposal systems, water supply and sewage disposal adequate to meet the needs of the residents shall be provided in a system approved by the County Health Department.
B. 
Development standards.
(1) 
Permitted uses. The accessory uses permitted in a housing for the elderly project may include convenience goods stores, personal services, professional services, restaurants, health services and medical clinics. Common activity areas, including the above uses, and other areas serving the collective needs of the residents shall not exceed 100 square feet per dwelling unit. Permitted housing types shall include single-family detached dwellings, townhouse dwellings, patio/court/atrium dwellings, multiplex dwellings, garden apartment dwellings and mid-rise apartment dwellings.
[Amended by Bill No. 19-030]
(2) 
Density. The maximum density shall be 7 units per gross acre in R2 Districts and 14 units per gross acre in the R3, R4, B2, B3 and CI Districts.
(3) 
Site design.
(a) 
The project shall be designed with regard to soils, topography and natural and historic features of the parcel.
(b) 
All residential structures shall be sited so as to promote privacy and security and to ensure natural light for all living areas.
(c) 
Buildings near the periphery of the project shall be harmonious with neighborhood areas and shall provide adequate transition in density and type or shall provide a buffer yard as required in § 267-30 (Buffer yards). In the B2, B3 and CI Districts, a buffer yard 20 feet wide shall be provided.
(d) 
No building shall be located within 10 feet of the private road right-of-way and parking areas.
(e) 
Business uses in housing for the elderly shall be designed with their primary orientation to the project and integrated with the dwelling units consistent with the needs of the future residents. Business uses shall occur within completely enclosed buildings. No freestanding signs advertising business uses shall be permitted.
(4) 
Vehicular and pedestrian circulation and access.
(a) 
The project roads shall be designed to provide a logical road network adequate for internal movement.
(b) 
The project must be directly accessible from 1 or more existing or planned arterial, collector or primary residential roads.
(c) 
Particular attention shall be given to providing safe conditions for both pedestrian and vehicular movements.
(d) 
Adequate access shall be provided for emergency vehicles and personnel.
(5) 
Open space. The open space shall be generally continuous, accessible to the residents and protective of natural features. Open space shall be provided in accordance with the provisions of § 267-70C(3)(a).
[Amended by Bill No. 19-030]
(a) 
Recreational facilities. Adequate recreational facilities shall be constructed in each phase of development to meet the needs of the residents. The developer shall provide a schedule for the installation of the facilities at the time the project is approved.
(b) 
Notwithstanding the provisions of § 267-31B(1), the active recreation space shall be a minimum of 1/2 acre and may include indoor and outdoor facilities designed to provide opportunity and encouragement for physical activity. The required active open space may be reduced by the Director of Planning based upon the specific program proposed by the developer.
(c) 
Notwithstanding the provisions of Subsection B(5)(b) above, all open space shall be provided pursuant to § 267-31 (Open space).
(6) 
Minimum conditions and covenants regarding age restrictions. The following conditions and covenants are required, at a minimum, to be contained in deeds of covenants, conditions and restrictions to be recorded at the time that a plat for the housing for the elderly development is recorded:
(a) 
The project is intended to constitute housing intended and operated for occupancy by at least one person 55 years of age or older per unit, to the extent required by the Housing for Older Persons Act of 1995 and Section 807(B)(2)(c) of the Fair Housing Act [42 U.S.C. 3607(B)(2)(c)] (the "Fair Housing Act").
(b) 
Subject to the provisions of Subsection B(6)(f) below, and exceptions otherwise authorized and approved by the Board, each unit must be occupied by at least one resident who is 55 years of age or older.
(c) 
Residents under 19 years of age or younger are not permitted unless such person is:
[1] 
Necessary to provide a reasonable accommodation to a handicapped resident; or
[2] 
Is a handicapped dependent of a resident, only to the extent permitted and/or required by the provisions of the Fair Housing Act.
(d) 
Guests of owners or residents who are under 19 years are permitted to stay in the unit for periods of time not to exceed a total of 60 calendar days for each such guest in any one calendar year (with each calendar year being measured from January 1 through December 31 of any given year).
(e) 
Nothing contained herein shall be deemed to prohibit the daily visitation by persons not otherwise permitted to occupy a unit (including persons under 19 years of age who are family members or guests of the owner or occupant of a unit), provided such visitation shall not be for a period of more than 72 continuous hours.
(f) 
Subject to the provisions of the Fair Housing Act, a surviving spouse of an owner or resident who was 55 years of age or older may retain the occupancy of the unit without regard to the age of the surviving spouse provided, however, that the continued occupancy of the surviving spouse does not violate the requirements of the Fair Housing Act that at least 80% of the units be occupied by a person who is 55 years of age or older. In the event that less than 80% of the units are occupied exclusively by persons who are 55 years of age or older, the owners or residents may be required by the entity named in the covenants and restrictions as having such authority (hereinafter referred to as "the Board") to vacate the units in order to comply with the requirements of the Fair Housing Act. In the event that the Board requires that an owner or resident vacate their unit, the owner or resident must vacate within 180 calendar days from the date of notification by the Board.
(g) 
The Board shall have the authority to adopt such rules and regulations as it may deem necessary or desirable to implement the foregoing restrictions and to ensure that the property otherwise complies with the Fair Housing Act and any corresponding state or local law or ordinance (and any regulations promulgated thereunder). In the event that the exemptions relating to "housing for older persons" under the Fair Housing Act or any state or local law or ordinance, as applied to the property, shall be modified, expanded, supplemented, clarified, defined, explained and/or limited, the Board shall have the authority to adopt rules and regulations modifying such restrictions to the extent deemed necessary or desirable by the Board in response thereto provided, however, that no such rule or regulation shall cause or allow the property to no longer qualify for exemption under the Fair Housing Act or any state or local law or ordinance without the express prior written consent of the declarant.
(h) 
Each owner or occupant of a unit, if and when requested to so do by the Board, shall promptly furnish the Board with the names and ages of all occupants of the unit and shall complete and submit such affidavits and other documents as the Board may reasonably request to verify the age of all unit occupants.
C. 
In order to modify any of the conditions contained in Subsection B(6) herein, the entity designated in the covenants and restrictions as having such authority must receive the written approval of Harford County. Any such modification must be recorded in the land records of Harford County, Maryland to be effective.
D. 
Specific design requirements.
(1) 
Front, rear and side yards and maximum height shall be as shown on Table 55-4.2, Design Requirements for Specific Uses/R4 Urban Residential District for Residential: PRD.[1]
[1]
Editor's Note: Table 55-4 is included at the end of this chapter.
(2) 
The project design shall be compatible with residential uses in the neighborhood. Evaluation of the compatibility shall be based upon height, facade, building bulk and architectural features of the project and of the neighborhood.
(3) 
Maximum building coverage. The maximum building coverage shall be as follows:
[Amended by Bill No. 19-030]
Dwelling Types
Maximum Building Coverage
(percent of total lot)
Patio/court/atrium, townhouse and multiplex, single-family detached
40%
Garden and mid-rise apartments
30%
(4) 
Impervious surface ratio. The maximum impervious surface for any housing for the elderly project shall not exceed 50% of the total parcel area.
(5) 
The height of each structure, other than garden or mid-rise apartments, shall comply with the height requirement of the district. The height of a garden or mid-rise apartment is limited to 4 stories in the R2 Zoning District and 5 stories in R3, R4 and CI Zoning Districts.
[Amended by Bill No. 17-004]
A. 
Eligibility. CCRC's shall have the following eligibility requirements:
(1) 
The project developer shall have filed a statement of intent to provide continuing care facilities in accordance with the Human Services Article of the Annotated Code of Maryland, as amended. The project shall be developed in accordance with and regulated by the Human Services Article of the Annotated Code of Maryland, Continuing Care Contracts (the "State CCRC Act"), as amended.
[Amended by Bill No. 13-35]
(2) 
The minimum lot size shall be 20 acres.
(3) 
The project shall be served by public water supply and public sewer facilities.
(4) 
The project must be directly accessible from one or more existing or planned arterial, collector or primary residential roads.
B. 
Development standards.
(1) 
Permitted housing types. For purposes of this section only, a variety of housing types may be permitted on a single parcel. These may include garden or mid-rise apartments, patio, atrium or court dwellings, multiplex units, duplex units, townhouses, single-family detached dwellings or other units which meet the needs of the residents. Dwelling units shall include independent living units along with assisted living and skilled care facilities. The maximum number of beds in the skilled care facility may not exceed 20% of the total number of independent dwelling units approved for this project by Maryland Office on Aging. For additional beds, application can be made for a certificate of need ("CON") with the State of Maryland.
(2) 
Permitted uses. Ancillary uses, including community convenience stores, branch banks, auditoriums, TV studios, theaters, retail gift shops and professional, medical, health and personal services, dining facilities and meeting rooms and other resident activity facilities are permitted, provided:
(a) 
The uses are located within the residential buildings or within community buildings that are architecturally compatible with the residential structures and are for the use and benefit of the residents of the community, their guests and the employees.
(b) 
There are no advertising signs indicating the uses placed along the boundary of the community.
(c) 
No individual retail accessory use may exceed 1,500 square feet, and the total retail accessory uses shall not exceed 150 square feet per dwelling unit.
(3) 
Density. The CCRC use shall be permitted in the R1, R2, R3, R4 and CI Zoning Districts. For the purposes of calculating density, the number of beds in the assisted living and skilled care facilities shall be divided by the average household size (2.79) to determine the equivalent number of dwelling units. No more than 2,000 units shall be permitted in any such project. The maximum density shall be as follows:
District
Units Per Gross Acre
R1
25
R2
25
R3
30
R4
30
CI
30
(4) 
General site design.
(a) 
The project shall be designed with regard to soils, topography and natural and historic features of the parcel.
(b) 
All residential structures shall be sited so as to promote privacy and security and to ensure natural light for all living areas.
(c) 
Buildings near the periphery of the project shall be harmonious with neighborhood areas and shall provide adequate transition in density and type or shall provide adequate buffer yards, pursuant to § 267-30 (Buffer yards).
(5) 
Vehicular circulation and access.
(a) 
The project roads shall be designed to provide a logical road network adequate for internal movement.
(b) 
Particular attention shall be given to providing safe conditions for both pedestrian and vehicular movements, with efforts directed to reduce speed wherever possible.
(c) 
Adequate emergency access shall be provided for both vehicles and personnel.
(d) 
Internal roads may be designed and constructed as private roads in accordance with the private road standards established in the Harford County Subdivision Regulations.
(6) 
Open space. The open space shall be generally continuous, accessible to the residents and protective of natural features. At least 33% of the total parcel area shall be in open space.
(a) 
Age appropriate recreational facilities. Adequate recreational facilities shall be constructed in each phase of development to meet the needs of the residents. A recreational plan shall be submitted with the preliminary plan and shall identify facilities and programs for the residents. The developer shall provide a schedule for the installation of the facilities at the time the project is approved.
(b) 
The required age appropriate active recreation space shall be a minimum of 2 acres and may include indoor and outdoor facilities designed to provide opportunity and encouragement for physical activity. The minimum acreage may be reduced by the Director of Planning based upon the specific program proposed by the developer.
(c) 
All open space shall be provided pursuant to § 267-31 (Open space).
C. 
Specific design requirements.
(1) 
The project design shall incorporate design elements found in residential uses in the neighborhood.
(2) 
Setbacks. The minimum setback to adjacent residential lots for the main structures shall be twice the building height. The use setback, including all structures, parking and drive areas, shall be 50 feet with a 15-foot landscaped buffer yard. Setbacks from all internal rights-of-way or private roads shall be a minimum of 15 feet.
(3) 
The height of each structure, other than garden or mid-rise apartments, shall not exceed the height requirement of the district. The height of a garden or mid-rise apartment is limited to 4 stories in the R1 and R2 Zoning Districts and 5 stories in R3 and R4 Zoning Districts.
[Amended by Bill No. 13-35]
(4) 
Building length. The maximum length of a building block shall not exceed 250 feet without offset. To exceed the maximum building block length, any building shall have offsets of 4 feet minimum for each additional 200 feet of length.
(5) 
Distance between building blocks. The distance between buildings shall be a minimum of 30 feet. The enclosed walkways or pedestrian bridges shall not be construed as part of the building. However, the construction of such walkways must comply with all applicable building requirements or the applicable sections of the Harford County Code, as amended.
(6) 
Maximum building coverage. The maximum building coverage shall be 40% of the total parcel area.
(7) 
Impervious surface ratio. The maximum impervious surface for any CCRC project shall not exceed 60% of the total parcel area.
These uses may be granted in the CI and LI Zoning Districts. A corporate office park shall be developed in accordance with the provisions of this article.
A. 
Purpose. Corporate office park development standards are established to provide for a park-like employment center of high technology industries, research and development facilities, corporate and business offices, limited retail, service and residential uses. It is intended that this development option is to provide higher design standards and a more flexible approach to development in industrial zoning districts.
B. 
Objectives.
(1) 
To attract corporate office locations in desirable areas in the County which have a positive affect on economic development and professional job opportunities.
(2) 
To maximize the attractiveness of and to enhance the visual appearance through preservation of significant natural features.
(3) 
To provide enhanced performance standards in corporate office parks, which establish a high quality of design.
(4) 
To assure compatibility of the proposed land use with internal and surrounding uses by incorporating innovative standards of land planning and site design.
(5) 
To reduce traffic congestion by encouraging the clustering of buildings near internal streets, the provision of service uses and the development of pedestrian networks to reduce dependence on single occupant automobiles and to better accommodate such transportation alternatives as transit service and carpooling in a project.
C. 
Eligibility. Corporate office parks shall have a minimum parcel size of 100 acres located in the CI or LI Districts. Corporate office parks may be permitted on parcels less than 100 acres if contiguous to an existing corporate office park.
(1) 
The project shall have direct access to 1 or more existing or planned collector or higher functional classification roadways as defined by the Harford County transportation element plan.
(2) 
The project must be located within a priority funding area within the development envelope.
(3) 
The project must utilize public water and sewer service.
D. 
Height requirements. Maximum building heights of a structure in a corporate office park development shall be 4 stories. Maximum building heights of a structure in a corporate office park development may be increased to a maximum of 8 stories if the impervious surface standards are met:
Stories
CI
LI
1 to 4
85%
85%
5 to 8
55%
55%
E. 
Development standards.
(1) 
Vehicular circulation.
(a) 
Loading and service areas shall be separated from the pedestrian and employee parking areas. Service areas shall be located away from roadways to the greatest extent possible.
(b) 
The internal vehicular circulation system must follow a pattern of intersection streets that provide alternative routes. Cul-de-sacs are discouraged.
(c) 
Points of external access and alignments of internal roadways must facilitate use of public transit. This may include rights-of-way sufficient for bus pull outs and bus shelters as well as transit easements on private streets.
(d) 
A comprehensive pedestrian and bicycle circulation system must link all uses with the intent of minimizing walking distances and reducing dependence on the private automobile for internal travel and external access.
(e) 
Transit alternatives and transportation demand management strategies must be provided which achieve a goal reduction of auto trips for corporate office park developments of 10% below the peak hour trip generation rates as identified in the ITE Trip Generation Manual (current edition). These strategies include carpooling incentives, transit/bus services, vanleasing and flexible work schedules.
(2) 
Parking standards.
(a) 
All parking areas must be effectively buffered from adjacent roadways and adjoining residential areas, through the use of berms, plantings or the depression of parking areas below surrounding grades.
(b) 
Parking areas should be broken up into lots of no more than 150 cars. The lots should be separated by landscaped islands.
(c) 
The number of parking spaces provided and overall design and layout of parking lots must be in accordance with § 267-26 (Off-street parking and loading) of the Harford County Code, as amended.
(d) 
No direct access to any lot is allowed from a collector or higher functional classification road as defined in the Harford County transportation element plan.
(e) 
All access points from a corporate office park shall be consolidated wherever feasible.
(3) 
Landscaping.
(a) 
Facilities for refuse disposal shall be enclosed by solid walls incorporated into the design of the buildings. Landscaping shall be installed around the perimeter.
(b) 
Every effort should be made to avoid formality in plantings except as it may be integral to an architectural concept. Emphasis should be placed on the natural grouping of groves of trees, and every opportunity should be taken to emphasize or take advantage of natural terrain features.
(c) 
Islands and other landscaping alternatives shall be incorporated into parking areas to add visual interest. The use of islands, perimeter or roof-top gardens designed and landscaped to serve as bioretention facilities is encouraged.
(4) 
Building design standards.
(a) 
A typical architectural rendering of the building facade and elevations of the structures shall be submitted to the Department of Planning and Zoning as part of the site plan approval process.
(b) 
Architecturally harmonious materials, colors, textures and treatments shall be used for all exterior walls within the corporate office park. All sides of the building are to be built with finish materials, including, but not limited to, brick, natural stone and ornamental block.
(c) 
Mechanical equipment should be located within the building or within a mechanical equipment penthouse. If mechanical equipment is located on the roof or is freestanding on the site, it must be effectively screened from view by means fully compatible with the architecture. Mechanical equipment must be screened from view from all sides.
(d) 
Outdoor storage is prohibited.
(5) 
Accessory/auxiliary uses — Are uses intended for the primary use of employees and/or clients of the principal use.
(a) 
Uses and structures which are normally and customarily incidental to any of the principal uses permitted in the CI or LI Zoning District.
(b) 
Retail and service uses may be incorporated into the overall project for up to 25% of the nonresidential gross square footage not to exceed 200,000 square feet. Retail and service uses within a corporate office park project shall not be considered an integrated community shopping center (ICSC).
(c) 
Residential uses may be incorporated into the overall acreage up to 40%. The R4/COS design and density requirements shall be used for residential development within a corporate office park. The permitted number of stories will be determined by § 267-84D (Height requirements).
(d) 
Accessory/auxiliary uses must be integrated into the overall design of the project. A phasing plan will be required in order to establish time frames that allocate the area of uses in a manner in which the percentage of uses or amount of area allocated for accessory/auxiliary uses do not exceed the area of the principal use during the development of the corporate office park project.
(e) 
The Director of Planning must approve an overall development plan that allocates the amount of area for each use.
(6) 
Lighting.
(a) 
The lighting fixtures shall be designed to assure compatibility with the building style.
(b) 
Lighting shall be designed, installed and maintained in a manner not to cause a glare or reflection on residential lots.
(7) 
Open space.
(a) 
Corporate office parks shall include a minimum of 30% of the parcel area preserved as vegetated open space. The buffer yards and perimeter landscaping shall be included in the calculation of open space, so long as a minimum width of 25 feet is maintained.
(b) 
All open space shall be provided pursuant to § 267-31 (Open space).
(8) 
Signage. Signage shall be considered an integral part of the design and shall incorporate the architectural elements and materials utilized. In all instances, consideration shall be taken to ensure each sign does not restrict sight distance for motor vehicle operators.
(a) 
An overall signage plan and architectural renderings of the signs shall be submitted as part of the site plan approval process. The signage shall be compatible in quality, style, color and materials to the building(s). Creative modifications to the standard signage package used by large corporations and innovative sign lighting is strongly encouraged.
(b) 
Freestanding identification signs shall be limited to 2 signs for each road frontage. The maximum size of any sign shall not exceed 50 square feet. The maximum height of the signs shall not exceed 10 feet, and signs must be set back a minimum of 10 feet from the road right-of-way line.
(c) 
Signs to identify the use of an occupant shall be designed as part of the architectural design of the building and attached thereto, not exceeding 1 square foot for each horizontal linear foot of wall facing on the street on which the sign faces.
(d) 
Directional information signs shall be adequately provided and design coordinated.
(e) 
The following types of signs shall not be permitted for any project located in a corporate office park development:
[1] 
Billboards.
[2] 
Revolving, rotating or changing-light-intensity or changing-color signs.
[3] 
Temporary or portable signs after issuance of use and occupancy permit.
F. 
Modifications. The Director of Planning may approve modifications to the approved plans for the corporate office park, provided that the overall theme and intent of the project remains intact. Should modifications constitute a substantial change to the project, the Director of Planning may require the applicant to hold additional public meetings and/or may require the Development Advisory Committee review the amended project.
A. 
Purpose. To provide opportunities for conversion of existing residential structures or the development of new structures for retail, service and office uses in predominantly residential areas. The purpose of these development standards are to ensure that the structures and uses developed are compatible and in harmony with the neighboring residential communities.
B. 
Development standards.
(1) 
Design. An architectural rendering of the building facade and elevations of the structure shall be submitted. The rendering shall demonstrate how the project meets the following standards and objectives:
(a) 
Redevelopment of existing residential structures. Redevelopment of existing residential structures shall be permitted provided that any physical modification is compatible and in harmony with the neighboring residential communities relative to architectural design, scale, building height and the materials used in construction.
(b) 
Development of new buildings. New buildings developed for retail, service and office uses shall be designed to be compatible and in harmony with the neighboring residential communities relative to architectural design, scale, building height and the materials used in construction. Elements to be considered in determining compatibility with neighboring residential communities shall include massing and building materials as well as cornice lines, window lines, roof pitch and entry.
(c) 
Design requirements. See Tables 56-1.1 and 56-1.2.[1]
[1]
Editor's Note: Table 56-1 is included at the end of this chapter.
(2) 
Maximum building coverage. The maximum building coverage shall be 40% of the lot, and the maximum impervious surface shall be 65% of the lot.
(3) 
Use limitations. The uses permitted under this section shall comply with the following:
(a) 
Enclosed building. All uses permitted shall be conducted within an enclosed building except parking, loading, unloading or as otherwise permitted.
(b) 
Storage restriction. The outside storage of material or equipment shall not be permitted.
(c) 
Hours of operation. Uses shall only be permitted to operate between the hours of 6:00 a.m. and 10:00 p.m., inclusive.
(4) 
Ingress and egress. Any ingress or egress to the site shall be designed to provide the safest means of traffic flow.
[Added by Bill No. 12-48]
A. 
Eligibility. Animal shelters shall have the following eligibility requirements:
(1) 
In the AG, B2, B3, and CI Districts, the minimum lot size shall be 20 acres in the AG District and 2 acres in the B2, B3 and CI Districts.
(2) 
Where such a project cannot be served by public water supply and public sewage disposal systems, water supply and sewage disposal adequate to meet the needs shall be provided in a system approved by the County Health Department.
B. 
Development standards.
(1) 
In the AG District:
(a) 
All buildings for the shelter of domestic animals and all runways for domestic animals shall be located 200 feet from any lot line.
(b) 
All other uses for domestic animals shall be located 50 feet from any lot line.
(2) 
In the B2, B3 and CI Districts, all buildings and uses shall be located 25 feet from any adjacent residential lot.
(3) 
Parking shall be provided at 1 space per 300 square feet of gross floor area.