§ 100.0. General Provisions
A.
Legislative Intent
These Zoning Regulations and maps are being enacted for the purpose of preserving and promoting the health, safety and welfare of the community.
It is the intention of the Zoning Board to guide the future growth and development of the County in accordance with a General Plan which represents the most beneficial and convenient relationships among the residential, non-residential and public areas within the County considering the suitability of each area for such uses, as indicated by existing conditions, trends in population and modes of living, and future requirements; and considering such conditions, trends and requirements, both within the County and in relationship to areas outside thereof. It is further the intent of these Regulations:
1.
To provide adequate light, air and privacy; to secure safety from fire and other danger, and to prevent over-crowding of the land and undue congestion of population;
2.
To protect the character, the social and economic stability of all parts of the County; to guide the orderly growth and development of the County, and to protect and conserve the value of land and structures appropriate to the various land use classes established by the General Plan for Howard County, and by these comprehensive Zoning Regulations;
3.
To promote the most beneficial relationship between the uses of land and structures, and the road system which serves these uses, having particular regard for the potential amount and intensity of such land and structure uses in relationship to the traffic capacity of the road system, so as to avoid congestion in the streets and roadways, and to promote safe and convenient vehicular and pedestrian traffic movements appropriate to the various uses of land and structures throughout the County;
4.
To provide a guide for public action in the orderly and efficient provision of public facilities and services, and for private enterprise in undertaking development, investment and other economic activity relating to uses of land and structures throughout the County;
5.
To provide for adequate housing choices in a suitable living environment within the economic reach of all citizens;
6.
To provide open space that helps preserve natural, environmental, historic, architectural and other landscape resources of the County as well as providing adequate space for recreation;
7.
To ensure that all development and land uses protect or enhance the natural, environmental, historic, architectural and other landscape resources of the County, especially highly fragile and environmentally important features such as floodplains, wetlands or steep slopes.
8.
To preserve agricultural land.
B.
Zoning Districts
For the purposes set forth above, Howard County is hereby divided into the following districts:
RC—Rural Conservation
RR—Rural Residential
DEO—Density Exchange Option
R-ED—Residential: Environmental Development
R-20—Residential: Single
R-12—Residential: Single
R-SC—Residential: Single Cluster
R-SA-8—Residential: Single Attached
R-H-ED—Residential: Historic—Environmental District
R-A-15—Residential: Apartments
R-APT—Residential: Apartments
R-MH—Residential: Mobile Home
R-SI—Residential: Senior Institutional
I—Institutional Overlay
HD—Historic District
R-VH—Residential: Village Housing
HO—Historic Office
HC—Historic Commercial
POR—Planned Office Research
PEC—Planned Employment Center
BRX—Business Rural Crossroads
BR—Business Rural
OT—Office Transition
CCT—Community Center Transition
B-1—Business, Local
B-2—Business, General
SC—Shopping Center
CEF—Community Enhancement Floating
CR—Commercial Redevelopment
M-1—Manufacturing, Light
M-2—Manufacturing, Heavy
SW—Solid Waste Overlay
NT—New Town
PGCC—Planned Golf Course Community
MXD—Mixed Use
PSC—Planned Senior Community
CE—Corridor Employment
CLI—Continuing Light Industrial
TOD—Transit-Oriented Development
CAC—Corridor Activity Center
TNC—Traditional Neighborhood Center
C.
District Maps
The zoning districts shall be of the number, size and shape as shown on the Zoning Map of Howard County, and said map with the necessary symbols, legends and dimensions is hereby made a part of these Regulations. As evidence of the authenticity of said map, it shall be signed by the County Council of Howard County upon the adoption of these Regulations.
The following shall also be shown on the district maps: Preservation parcel easements as described in Sections 104.0 and 105.0 of these Regulations, agricultural land preservation easements, Maryland Historical Trust easements, and Maryland Environmental Trust easements.
D.
Severability Clause
Should any section or provision of these Regulations or maps be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations or maps, or any part thereof, other than the part declared to be unconstitutional or invalid.
E.
Construction and Effective Date
1.
These Regulations upon enactment shall be the sole Zoning Regulations of Howard County. The provisions of these Regulations are minimum requirements and shall be in addition to any other requirements of law. Where higher standards are required by other regulations, the higher standards shall apply unless the particular provision of these Regulations expressly provides otherwise.
2.
However, the requirements of the Zoning Regulations effective on April 13, 2004 for the Comprehensive Zoning Plan and also effective on July 28, 2006 for the 2005 continuation of the Comprehensive Zoning Plan with respect to the bulk regulations shall apply to any lot described in a deed or on an approved subdivision plat and recorded in the land records of Howard County no later than five days after the enactment of these Regulations, and unable to fulfill minimum requirements of these Regulations.
3.
Any amendment or change to the Zoning Regulations, whether previously or hereafter adopted, shall be applicable to all pending and future proceedings and actions of any Board, Hearing Authority or agency empowered to decide applications under these Regulations, whether decided on original application or remand from Court, unless the amendment or change expressly provides that it only applies to future proceedings and actions.
a.
Cases that require a Decision and Order are considered pending unless the Decision and Order is signed by the Board or the Hearing Authority for a case that is not appealed, or the Department of Planning and Zoning prior to the date the legislation becomes effective, except that any Conditional Use that would be prohibited by a map amendment is considered pending unless the Site Development Plan is technically complete prior to the date the zoning map amendment is adopted.
b.
Applications for subdivision or Site Development Plan approval are considered pending unless the initial residential plan submittal, as defined in the Subdivision and Land Development Regulations, or the Site Development Plans for all other types of development is technically complete prior to the date the legislation is effective, except that development projects of over 300 units which have processed Site Development Plans on at least 50% of the overall site shall not be considered pending.
c.
Applications for permits issued in accordance with Section 128.0 of these Regulations are considered pending unless a written approval is issued by the Department of Planning and Zoning prior to the date the legislation is effective.
d.
Applications for building permits issued in accordance with the Howard County Building Code are considered pending unless approval is granted by the Department of Inspections, Licenses and Permits prior to the effective date of the legislation.
F.
Administrative Adjustments
1.
Bulk Regulation Adjustments
Upon petition by the property owner, the Department of Planning and Zoning or the Director's Designee may grant an adjustment from the provisions of the bulk regulations in an amount not to exceed 20% of a stated bulk requirement, pursuant to the same limitations, guides and standards applicable to variances granted by the Board of Appeals. This authority to make adjustments does not apply to those portions of the bulk regulations which control density or minimum lot size.
2.
District Map Line Adjustments: Drafting Errors and Other Corrections
Upon petition by the property owner or the Department of Planning and Zoning, the Department of Planning and Zoning may adjust a district map line to follow a lot line, road, river or other clear boundary if the Director or the Director's Designee finds that:
a.
The district map line approximately follows a lot line or other boundary; and
b.
The district map line does not follow the lot line or other boundary because of drafting errors or because the information on the base map was corrected based on a new survey or other improved information.
3.
Procedures
The Department of Planning and Zoning shall hold a public hearing on Administrative Adjustment petitions in accordance with Section 100.0.H.
The decision of the Director of Planning and Zoning or the Director's Designee in Administrative Adjustment cases is appealable to the Howard County Board of Appeals in bulk regulation adjustment cases and to the Zoning Board in district map line adjustment cases. All appeals to the Board of Appeals or the Zoning Board shall be on a de novo basis.
Copies of the Decisions and Orders of the Department of Planning and Zoning in all Administrative Adjustment cases shall be sent to the Zoning Board as a matter of information.
4.
Applicability
The provisions of Section 100.0.F.1 shall not apply in the MXD, NT or PGCC Districts. Sections 100.0.F.2 and 100.0.F.3 shall not apply in the NT District.
5.
District Map Line Adjustments: Digital Parcel Layer Corrections
The Department of Planning and Zoning may make a minor adjustment to a district map line for a parcel if:
a.
The Department of Technology and Communications has corrected the County's digital parcel layer for the parcel; and
b.
The correction results in a district line falling inside or outside of the parcel boundary and the zoning map indicates that the County Council intended for the district line to follow the parcel boundary.
G.
Amendments
1.
Applications
Application for an amendment to the zoning map or to the text of these Regulations shall be filed and processed in accordance with the Zoning Enabling Act (Subtitle 2 of Title 16 of the Howard County Code) and the Rules of Procedure of the Zoning Board.
2.
Site Plan Zoning Petitions
A site plan zoning petition is a petition for an amendment to the zoning district boundaries that includes documentation specifying the proposed development and use of the property under petition for such petitions, the following provisions shall apply in addition to the requirements of the Zoning Enabling Act and the Rules of Procedure of the Zoning Board:
a.
The petition for a property of less than fifty acres shall include a site plan or site plans with a scale of between 1" = 10' and 1" = 50' or as approved by the Department of Planning and Zoning. The site plan(s) must include the items listed below, but may show the location of a precise building envelope (a clearly delineated area within which a building is to be entirely located but which is larger than the area covered by the building itself) in lieu of the precise location of a building; may show precise minima and maxima in lieu of fixed values; may set forth lists of precisely described possible uses of a given space in lieu of specifying a single use, and may otherwise reasonably allow for flexibility or alternatives, provided that appropriate precise limits are set forth.
(1)
Location, size, height, exterior materials, and character of all proposed structures and all existing structures to be retained, including relevant dimensions and distances to property lines and to structures on adjacent properties;
(2)
Location and dimensions of proposed parking, driveway, and loading areas;
(3)
Proposed landscaping, buffering and screening and existing landscaping to be retained;
(4)
Elevation drawings of proposed structures on appropriate cross sections of the site as viewed from adjacent properties and roads, or other prominent points of visibility in the area;
(5)
Existing and proposed topography;
(6)
Adequate details of development on surrounding properties to enable the Zoning Board to evaluate the compatibility of the proposed development as required in Subsection d.(1);
(7)
Existing historic resources and natural features, including bodies of water, water courses, 100-year floodplains, wetlands, wooded areas, and major trees, and proposed changes with respect to any of these;
(8)
Computations and dimensions of open space areas, impervious surface coverage, and other calculations as needed to demonstrate that the proposed development would be able to comply with design and zoning requirements;
(9)
Existing and proposed public utilities;
(10)
Location and approximate size of proposed storm water management facilities;
(11)
Information on the proposed use of the site including principal uses, hours of operation, and maximum number of employees; and
(12)
Other information deemed necessary by the Department of Planning and Zoning for the particular site and development proposal.
b.
A petition for a property of fifty acres or more shall include a site plan or site plans with a scale of 1" = 100' or 1" = 200' or as approved by the Department of Planning and Zoning. The plan(s) must include:
(1)
The major environmental features of the site and immediate environs, including but not limited to steep slopes, ridge lines, wooded areas, streams, wetlands and floodplains, and impact of proposed development on these features.
(2)
Analysis of existing vegetation on the site.
(3)
Schematic grading plan.
(4)
The approximate boundaries and acreage of proposed land uses.
(5)
The location of existing and proposed public streets and utilities.
(6)
The location of open space areas.
(7)
Types and approximate number of proposed dwelling units.
(8)
Other information deemed necessary by the Department of Planning and Zoning.
c.
After being accepted by the Department of Planning and Zoning, the petition shall be circulated to the agencies which comprise the Subdivision Review Committee (S.R.C.) and shall be considered at a regularly scheduled meeting of the S.R.C. The petition shall not be scheduled for review by the Planning Board until the Department of Planning and Zoning certifies that the development shown on the proposed site plan(s) has the potential to comply with all technical requirements of the reviewing agencies, without substantial changes to the plan, in subsequent subdivision and Site Development Plan stages of review.
The certification of the Department of Planning and Zoning may note that certain waiver or variance approvals will be required in order for the plan to be implemented. Such a statement shall not be deemed to represent an evaluation of or a commitment by the approving agency to approve the necessary waiver or variance.
d.
The Zoning Board shall consider the following factors in reviewing the site plan(s);
(1)
The compatibility of the proposed development with the existing and potential land uses of the surrounding areas;
(2)
Protection of the environmental integrity of the subject property and adjoining areas in the location and design of site improvements;
(3)
The availability of safe road access for the proposed development; and
(4)
Compatibility of the proposed development with the policies and objectives of the Howard County General Plan.
e.
If the site plan zoning petition is granted:
(1)
The Zoning Board may modify or apply additional requirements to the site plan(s), stating the reasons for such action. The Board, in its discretion, may hold such additional hearings on any modifications or additional requirements to the site plan as it deems appropriate.
(2)
The site plan(s), subject to modifications or additional requirements imposed by the Zoning Board, shall be made part of the Decision and Order of the Zoning Board;
(3)
A copy of the Decision and Order shall be certified as approved by the Zoning Board and a verified copy of the same shall be forwarded to the Department of Planning and Zoning and the Petitioner; and
(4)
The property shall be designated on the Howard County Zoning Map with the amended district boundary, the Zoning Board case number, and the suffix "S" to indicate that the site is subject to a site plan zoning petition approved by the Zoning Board.
f.
A property rezoned in accordance with a site plan zoning petition must be substantially complete in accordance with the site plan(s) approved by the Zoning Board. Minor deviations from the site plan(s) resulting from more detailed engineering and site design may be approved by the Department of Planning and Zoning as part of the plan review process. Minor modifications to the plan which do not increase the number of residential units and meet the criteria below shall not require reconsideration by the Zoning Board.
(1)
Minor modifications to structures, with a floor area no larger than 20% of the existing floor area of the main floor.
(2)
Minor new accessory structures or accessory uses if the location does not interfere with the existing approved site layout (e.g. circulation, parking, loading, storm water management facilities, open space, landscaping or buffering).
(3)
Minor modifications to parking lots comprising no more than 10% of the original number of parking spaces required.
(4)
Similar minor modifications as determined by the Department of Planning and Zoning, including reductions in the number of residential units and the intensity of the unit mix.
The Zoning Board shall be notified of minor changes approved by the Department of Planning and Zoning. Any significant changes must be approved by the Zoning Board in accordance with the procedures for the original Zoning Board petition. Zoning Board review shall be limited to consideration of the proposed changes to the site plan(s).
g.
A site plan zoning petition approved by the Zoning Board may include a use allowed as a Conditional Use in the zoning district to which the property is rezoned and a use or structure which would otherwise require a variance to the bulk regulations. If this occurs, the Conditional Use shall be permitted as a matter of right and the use or structure shall be permitted in the approved location, in accordance with the site plan approved by the Zoning Board, and shall not require approval by the Hearing Authority. The Zoning Board's authority to grant variances to the bulk regulations shall not apply to density requirements or to minimum or maximum lot sizes.
h.
If the property subject to the site plan zoning petition is not substantially complete and in use in accordance with the approved site plan(s) within the times set forth in Subsection (1) below, the site plan(s) shall be subject to review in accordance with the procedures in Subsections (2) and (3). To be substantially developed, the property must have an approved Site Development Plan, building permits approved for at least a portion of the site, and infrastructure such as roads, sewer, water and storm-water management facilities in place.
(1)
Development Schedule:
(a)
For properties of less than 50 acres—3 years from the date of the Decision and Order.
(b)
For properties of 50 to 99 acres—5 years from the date of the Decision and Order.
(c)
For properties of 100 to 149 acres—7 years from the date of the Decision and Order.
(d)
For properties of 150 to 199 acres—9 years from the date of the Decision and Order.
(e)
For properties of 200 acres or more—10 years from the date of the Decision and Order.
(2)
At least 90 days prior to the expiration of the designated period, the property owner may submit a written request to the Department of Planning and Zoning describing the progress which has been made on the project and requesting an extension of the time limit. The Department of Planning and Zoning shall forward the request to the Zoning Board, which may deny the request or may grant an extension for a specified period of time not to exceed two years, without holding a public hearing, if it finds that development in accordance with the approved site plan has been substantially undertaken and is being diligently pursued to completion.
(3)
If an extension is not requested or is denied by the Zoning Board, the site plan(s) shall be void at the expiration of the designated period. No further development shall occur until new site plans are submitted by the Petitioner and approved by the Zoning Board in accordance with the procedures for the original Zoning Board petition. Review shall be limited to consideration of the site plans, unless the Petitioner proposes a change in the zoning classification of the property. The Zoning Board may approve, modify, or attach additional requirements to the site plans, stating the reasons for such action. If substantial modifications are required, the Zoning Board may require that revised plans be submitted prior to issuance of a Decision and Order.
H.
Department of Planning and Zoning Public Hearings
Where the Director of Planning and Zoning is authorized by these Regulations to hold a public hearing and decide upon certain matters, the following requirements apply:
1.
Applications
Applications shall be submitted to the Department of Planning and Zoning and shall include information required by the Department.
2.
Public Hearings
The Director of Planning and Zoning, or the Director's Designee, shall hold at least one public hearing on the application in accordance with Rules of Procedure adopted by the Department. The property which is the subject of the application shall be posted with the date, time and place of the hearing for at least 15 days immediately before the hearing.
The Director of Planning and Zoning, or the Director's Designee, shall prepare and maintain an official record of the proceedings for each petition, including exhibits presented at the hearing. It shall not be necessary to transcribe the testimony unless requested.
3.
Decision and Order
Following the public hearing, the Director of Planning and Zoning shall approve or deny the request. For Temporary Uses or Administrative Adjustments to bulk regulations, the Director may approve the request subject to appropriate conditions. The Decision and Order of the Director of Planning and Zoning shall be in writing and shall state the reasons for the decision.
Conditions of approval shall be incorporated in the building permit and use and occupancy permit. Failure to comply with such conditions shall constitute a violation of these Regulations and may be grounds for denying or revoking a building permit or a use and occupancy permit.
I.
Inactive Petitions
1.
For the purposes of this Subsection, an inactive petition is a petition submitted for hearing authority cases, Zoning Board cases, or Department of Planning and Zoning administrative hearing cases:
a.
Which is not accepted for scheduling purposes due to a need for further information, clarifications and/or corrections as stated in a Department of Planning and Zoning written notification to the petitioner or the petitioner's representative, and the petitioner or the petitioner's representative has not provided the requested further information, clarifications and/or corrections within 180 days of the date of the Department of Planning and Zoning written notification; or
b.
Which is placed on the "hearings unscheduled" docket of the Hearing Authority or Zoning Board upon a request from the petitioner or the petitioner's representative, and this petition remains on the "hearings unscheduled" docket for a period of 180 cumulative days.
2.
Petition to the Zoning Board submitted under Section 100.0.G.2. for a zoning map amendment with site plan which is undergoing review by the subdivision review committee to meet the requirement for certification as required by Section 100.0.G.2.C. shall not be considered an inactive petition under Section 100.0.I.1.A. above.
3.
After 180 cumulative days, an inactive petition shall be dismissed by the Hearing Authority, Zoning Board, or Department of Planning and Zoning, as applicable.