Town of Bel Air, MD Special Provisions and Modifications

Single-family detached dwellings shall abut for at least 25 feet on a street as defined in Article XIV of the Town of Bel Air Development Regulations, except as permitted in § 165-118D(17), Panhandle lots, of this chapter. Lot width is measured at the front building line.

[Amended 4-3-2017 by Ord. No. 780-17]

Each unit in an attached dwellings project shall abut for a minimum of 18 feet on open space, courts or a group parking area. Adequate access shall be provided for servicing, fire protection and off-street parking. Adequacy shall be determined by the Planning Commission.

All lots in the B or M District shall abut for at least 25 feet on a street as herein defined.

[Amended 4-3-2017 by Ord. No. 780-17]

Street frontage standards shall apply, except as permitted in Article XII of this Part 2.

Required yards: general.

Required yard cannot be reduced. No lot shall be subdivided in such a manner that it would result in creation of a lot that does not meet minimum size or provide for minimum setback requirements required by this Part 2. If a lot is already less than the minimum required, it shall not be further reduced. Parcels set aside during the site plan or subdivision process to satisfy parking, open space or similar requirements of the Town of Bel Air Development Regulations shall be maintained for the stated purpose and shall not be included as part of parking, a yard, open space or a similar requirement for another use or building.

Off-street parking and loading areas may occupy all or part of any required yard or open space, provided location, setback, parking, loading, landscaping and buffering regulations required by this Part 2 are not violated.

Subdivision which creates a new buildable lot requires Planning Commission approval. Such division and/or combination shall not be permitted if the proposed division and/or combination would create any lots which do not comply with the requirements of the Town of Bel Air Development Regulations. Consolidation of existing parcels, minor adjustment of property lines or addition of easements shall be reviewed and approved by the Zoning Administrator and Director of Public Works.

[Amended 4-3-2017 by Ord. No. 780-17]

Yard requirements by type.

Front yard requirements. Front yard depth shall be measured from the required right-of-way line, as specified in Chapter 165, Part 4, of the Town of Bel Air Development Regulations, except in instances where modification or supplementation of these lines by any officially adopted street or highway widening or location plan or record plat has occurred, in which case the latter shall control. Yard area abutting denied-access roadways shall not be considered a front yard.

[Amended 4-2-2018 by Ord. No. 783-18]

On corner lots, all yards of a lot that abut a street must comply with the applicable front yard setback.

[Amended 4-3-2017 by Ord. No. 780-17]

Figure 165-63.I

Front yard setback requirements for single-family attached and multifamily units which are situated within 100 feet of the lot line of a single-family detached residence or vacant residential lot shall be set back 50 feet from the right-of-way line. Vehicle access should not exceed 25% of the front yard width and in no case may exceed 30 feet.

[Amended 4-3-2017 by Ord. No. 780-17]

(c)

Front setback requirements for single-family dwellings may be reduced to 20 feet and all other dwelling units reduced to 15 feet when off-street group parking is provided and each dwelling unit is designed without a garage or parking pad. Setback in this case shall be measured from the back of curb.

[Added 10-1-2012 by Ord. No. 754-12]

Rear and side yard calculations.

Where the rear or side yard opens on an alley or common area, 1/2 of the alley or common area, not to exceed 20 feet, may be included as a portion of the rear or side yard, as the case may be.

Side yard and rear yard width may be varied where the exterior wall of a building is not parallel or is broken or otherwise irregular with the applicable lot line. In such case, the average width of the required yard shall not be less than the minimum width; provided that such yard shall not be narrower at any point than 75% of the required width. Decks, bay windows or similar architectural features shall not be included in the calculation allowance.

[Amended 4-3-2017 by Ord. No. 780-17; 9-16-2019 by Ord. No. 792-19]

(c)

Side yard setback requirements for single-family attached and multifamily units within 100 feet of the lot line of a single-family detached residence or vacant residential lot shall be 30 feet and shall include a landscaped buffer as outlined in Article VIII along the lot line, as applicable. No vehicle access may penetrate the buffer.

[Amended 4-3-2017 by Ord. No. 780-17]

(d)

Development of multi-lot deeded parcels shall meet setback requirements of this Part 2 through consolidation of such lots through the subdivision process. Additions to existing residential structures, which cross existing interior lot lines, shall require lot consolidation or recordation of easement agreements to satisfy setback requirements.

(e)

Rear yard setback requirements for single-family attached and multifamily units within 100 feet of the lot line of a single-family residence or vacant residential lot shall be 50 feet and shall include a landscaped buffer as outlined in Article VIII along the lot line. No vehicle access may penetrate the buffer.

[Amended 4-3-2017 by Ord. No. 780-17]

Height requirements.

Height measurement. Building height shall be measured from the average point of grade to the highest point of the roof for flat roofs and to the deckline for mansard roofs and to the average height between the eaves and the ridge for gable, hip and gambrel roofs.

Figure 165-63.II

Stories. The ground story or first story of any building is considered the lowest story, the floor of which is not more than 3 1/2 feet below the average contact of the adjoining ground level at the exterior walls of the building.

Height bulk transition requirements. To reduce the apparent bulk of buildings 40 feet or more in height, a distinct base shall be provided at ground level using articulation and materials such as stone, masonry or decorative concrete. The top of the building should be treated with a distinct outline, with elements such as a projecting parapet, cornice or projection. A height transition or step down is required adjacent to residential development.

§ 165-64 Special provisions.

Use of existing lots of record. In any district where dwellings are permitted, single-family dwellings may be constructed or altered on any lot or plot of official record which does not meet minimum district lot size or width as of the date the Town of Bel Air Development Regulations are adopted, subject to the following requirements:

[Amended 4-3-2017 by Ord. No. 780-17]

The sum of the side yard widths of any such lot or plot shall be a minimum of 30% of the width of the lot, but in no case shall any one side yard be less than 10% of the width of the lot.

The depth of the rear yard of any such lot shall be a minimum of 20% of the depth of the lot, but in no case shall it be less than 10 feet.

Adequate street frontage shall be available as stated in Article IX, § 165-63A, of this Part 2.

Division and/or combination of existing lots shall not be permitted if the proposed division and/or combination would create any lots which do not comply with the requirements of the Town of Bel Air Development Regulations.

Front yard modifications.

In any residential district, the required depth of the front yard may be modified. This may occur if at least two front yards are less than that required for the district on lots which are on the same frontage as the property in question and within 250 feet of the property in question. In such case, the depth shall not be less than the minimum depth of any existing front yard having the same frontage. However, the depth of a front yard on any lot shall be at least 10 feet.

Front yard setback requirements for single-family attached units may be modified to a minimum front yard depth of 25 feet if the units within a building block are designed with a minimum offset of two feet.

[Amended 4-3-2017 by Ord. No. 780-17]

Decks, balconies, porches and canopies. Decks, balconies, unenclosed porches and canopies may project into the front yard a distance of 25% of the minimum required setback for the district or the established front yard setback for the subdivision or neighborhood, as applicable. Canopies/awnings must maintain an eight-foot clearance above the sidewalk.[1]

[1]

Editor's Note: Former Subsection B(4), regarding filling station pumps and pump islands, which immediately followed this subsection, was repealed 4-3-2017 by Ord. No. 780-17.

Side and rear yard modifications.

Decks, balconies, porches and canopies. Decks, balconies, unenclosed porches and canopies may project into the side and/or rear yard a distance of 25% of the minimum setback for the property.

Other exceptions to yard requirements. The following architectural features may project into required yards as hereinafter set forth:

Cornices, eaves or other architectural features may project a distance not exceeding two feet, six inches.

Fire escapes may project a distance not exceeding four feet, six inches.

Necessary landings may project a distance not to exceed six feet, provided that such landing shall not extend above the entrance floor of the building, except for a railing as required by building code.

[Amended 4-3-2017 by Ord. No. 780-17]

Uncovered stairs, as necessary, to access the primary and firesafety-related entrances to a unit.

(5)

Bay windows and chimneys may project a distance not to exceed three feet, provided that such features do not occupy, in the aggregate, more than 1/3 of the length of the wall on which they are located.

Height modifications. The building height limitations of this Part 2 shall not apply to the following:

Accessory roof structures designed to house stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, provided that objectionable views of such equipment are completely screened from all adjacent properties.

Fire or parapet walls, towers, steeples, flagpoles, silos, smokestacks, masts, water tanks, monuments or other accessory structures that project into the air.

Places of public assembly in churches, schools, libraries, hospitals and other permitted public and semipublic buildings, provided that, for each three feet by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district.

Bulkheads, cupolas, elevator equipment enclosures, water tanks, equipment containment screens and structures, and clearstory window structures and skylights, provided that no linear dimension of any such structure exceeds 20% of the corresponding linear dimension of the building.

(5)

Towers and monuments, fire towers, hose towers, cooling towers, grain elevators, gas holding tanks or other structures used in municipal or manufacturing uses where such use requires a greater height, provided that all parts of such structures above the heights otherwise permitted in the district shall not occupy more than 25% of the area of the lot and shall be at least 50 feet from every lot line excluding a street right-of-way line.

[Amended 4-3-2017 by Ord. No. 780-17]

(6)

Public utility buildings, provided that, for each three feet of the height of such building that exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width and depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in that district.

§ 165-65 Traffic visibility.

Except in instances where traffic visibility is not impacted due to one-way traffic patterns, no sign, fence, wall, hedge, planting, structure, unit or other temporary or permanent obstruction to vision, extending to a height in excess of three feet above the established street grade, shall be erected, planted, placed or maintained within the sight triangle of an intersection.

Nonobstruction Area Requirements by Street Classification (measured along right-of-way)
"A" (Distance in Feet) Required Setback		Local Street	Collector Street	Arterial Street
25	Local street	25	30	40
30	Collector street	25	30	40
40	Arterial street	25	30	40

Where an intersection is formed with a state road, state sight distance criteria shall also be applied.

Figure 165-65.I

Poles, posts and guys for streetlights and other utility services shall not be considered obstructions to vision within the meaning of this section.

The Planning Commission shall have the authority to require additional setback requirements at intersections where the configuration of the specific intersection creates sight distance limitations.

§ 165-66 Nonconforming uses, buildings or structures.

If, prior to the adoption of the Town of Bel Air Development Regulations, a property was being used for a then-lawful purpose that the Town of Bel Air Development Regulations prohibit and render nonconforming, the property owner shall have a vested right to continue the nonconforming use. However, it is the purpose of the Town of Bel Air Development Regulations to secure the gradual or eventual elimination of nonconforming uses. To further this goal, no expansion or change of a nonconforming use shall be permitted unless authorized by the Board of Appeals as provided for herein and in Article XII of this Part 2.

Continuance, extension, enlargement and abandonment.

Any building or structure which is lawfully existing under the terms of the Town of Bel Air Development Regulations at the time of its enactment, or at the time of any amendment thereto, may be used as provided by the regulations, even though the building or structure does not conform with the size, setback, parking, loading, landscaping or performance standards of the Town of Bel Air Development Regulations, or any amendment thereto, for the zoning district or overlay district in which the building or structure is located.

In the event a nonconforming use ceases for a period of one year or more, the nonconforming use shall be deemed abandoned, and future use of the property shall comply with the requirements of the Town of Bel Air Development Regulations. The casual, temporary or illegal use of land or a structure does not establish the existence of a nonconforming use.

Nothing herein contained shall require any alteration in the building or structure, or part thereof, for which final approval of its plans, construction, size or use have been granted prior to the enactment of the Town of Bel Air Development Regulations or any amendment thereto. Notwithstanding the above, in the event a building permit has not been issued for a building or structure, the previously granted final approvals of the use, building or structure shall continue to be valid for the period originally granted.

Alterations of any building that reduce the total square footage of the nonconformity may be permitted by right. If 50% or more of the square footage of an existing nonconforming building is demolished, any new construction shall be performed in conformance with the standards specified in the Town of Bel Air Development Regulations for the zoning district in which this building is located.

(5)

No existing building or structure devoted to a nonconforming use, in the district where it is located, shall be enlarged, extended, reconstructed, substituted or structurally altered unless authorized by the Board of Appeals.

(6)

In the case of an extension or enlargement of a structure, the following shall apply: The Board of Appeals may authorize the extension or enlargement of the nonconformity of a building or structure, with or without conditions, provided that:

[Amended 4-3-2017 by Ord. No. 780-17]

The enlargement or extension does not exceed 35% of the gross square footage of the nonconforming area in use at the time of the creation of the nonconformity.

The enlargement or extension does not violate the height or coverage regulations for the district.

(c)

The enlargement or extension would not adversely affect adjacent properties, traffic patterns or the surrounding neighborhood.

(7)

In the B-2, B-2A and B-3A Districts:

The provisions of Article III establish thresholds at which a proposed expansion of a nonconforming structure must comply with current requirements. Where there is a conflict between §§ 165-30, 165-31 and 165-33 and this § 165-66, the former shall apply.

Board of Appeals approval for expansion of a nonconforming structure in accordance with this section shall be required only if the proposed enlargement or extension:

[1]

Is subject to current standards according to § 165-78; and

[2]

Does not lessen or reduce the extent of the nonconformity.

Replacement of damaged buildings and structures.

Any nonresidential nonconforming building or structure, or group or assemblage of buildings constructed as a total entity under common ownership, which becomes damaged by less than 50% of the fair market value may be restored or reconstructed to its former dimensions on the same lot with the same nonconforming use, provided that the restoration or reconstruction is completed within two years of the date of the damage.