§ 104.0. RC (Rural Conservation) District
A.
Purpose
The Rural Conservation District is established to conserve farmland and to encourage agricultural activities, thereby helping to ensure that commercial agriculture will continue as a long term land use and a viable economic activity within the County. The RC District is also established to preserve natural features and the rural landscape, while allowing low density, clustered residential development. Residential development is to be permitted only when it is located and designed to minimize its impact on agricultural land, farming operations, and sensitive environmental features; to create attractive rural developments; and to respect existing features of the rural landscape.
The preferred land use in the RC District is agriculture. The District is intended to permit a range of uses related to agriculture, to encourage the preservation of large blocks of farmland, and to permanently protect from development the tracts of land which remain after permitted residential development has occurred. Residential lots in the district are likely to be adjacent or close to agricultural land. Residents of property within the RC District should be prepared to accept the impacts associated with normal farming practices (see the Howard County Right-To-Farm Act in § 12.111 of the Howard County Code).
B.
Uses Permitted as a Matter of Right
The following uses are permitted as a matter of right in the RC District, except that only the uses listed in Section 106.1 shall be permitted on County Preservation Easements.
1.
Farming, provided that on a residential lot or parcel of less than 40,000 square feet no livestock shall be permitted. However, residential chicken keeping is allowed as noted in Section 128.0.
2.
Conservation areas, including wildlife and forest preserves, environmental management areas, reforestation areas, and similar uses.
3.
One single-family detached dwelling unit per lot.
4.
Commercial feed mills and commercial grain processing or storage facilities, provided that all uses connected with such facilities shall be at least 200 feet from property lines.
5.
Convents and monasteries used for residential purposes.
6.
Governmental structures, facilities and uses including public schools and colleges.
7.
Private recreational facilities, such as parks, athletic fields, swimming pools, basketball courts and tennis courts, reserved for use by residents of a community and their guests. Such facilities shall be located within neighborhoods and communities where all properties are included within recorded covenants and liens which govern and provide financial support for operation of the facilities.
8.
Carnivals and fairs sponsored by and operated on a nonprofit basis for the benefit of charitable, social, civic or educational organizations, subject to the requirements of Section 128.0.D.
9.
Seasonal sales of Christmas trees or other decorative plant materials, subject to the requirements of Section 128.0.D.
10.
Underground pipelines; electric transmission and distribution lines; telephone, telegraph and CATV lines; mobile transformer units; telephone equipment boxes; and other, similar public utility uses not requiring a Conditional Use.
11.
Commercial communication antennas attached to structures, subject to the requirements of Section 128.0.E.4. Commercial communication towers located on government property, excluding School Board property, and with a height of less than 200 feet measured from ground level, subject to the requirements of Section 128.0.E. This height limit does not apply to government communication towers, which are permitted as a matter of right under the provisions for "Government structures, facilities and uses."
12.
Volunteer fire departments.
C.
Accessory Uses
The following are permitted accessory uses in the RC District, except that only the uses listed in Section 106.1 shall be permitted on County Preservation Easements. More than one accessory use shall be permitted on a lot, provided that the combination of accessory uses remains secondary, incidental and subordinate to the principal use.
1.
Any use normally and customarily incidental to any use permitted as a matter of right in this district. Accessory structures are subject to the requirements of Section 128.0.A.
2.
Accessory houses, limited to the following:
a.
Farm tenant houses and similar uses customarily accessory to agricultural uses, provided that these uses shall not be permitted on parcels of less than 50 acres, and one unit shall be permitted for each 25 acres of that parcel; or
b.
Caretakers' dwellings and similar uses customarily accessory to residential estate uses, provided that these uses shall not be permitted on parcels of less than 50 acres and one unit shall be permitted for each 50 acres of that parcel.
3.
Accessory apartments, subject to the requirements of Section 128.0.A.
4.
The housing by a resident family of:
a.
Not more than four non-transient roomers or boarders; or
b.
Not more than eight mentally and/or physically disabled persons or persons 62 years of age or older, provided the use is registered, licensed or certified by the State of Maryland; or
c.
A combination of a and b above, provided that the total number of persons housed in addition to the resident family does not exceed eight.
5.
Home occupations, subject to the requirements of Section 128.0.C.
6.
Home care, provided that if home care is combined with housing of mentally or physically disabled persons or persons 62 years of age or older, as allowed by Subsection 4.b above, the total number of persons receiving home care at any one time plus the number of persons being housed shall not exceed eight.
7.
Parking:
a.
Off-street parking of no more than two commercial vehicles on lots of three or more acres and no more than one commercial vehicle on lots of less than three acres. Private off-street parking is restricted to vehicles used in connection with or in relation to a principal use permitted as a matter of right in the district.
b.
Off-street parking or storage of unregistered, inoperable, wrecked, dismantled or destroyed motor vehicles shall not be permitted, except as provided by Section 128.0.D.
8.
Storage of recreational vehicles or boats, provided that on lots of 20,000 square feet or smaller, such storage shall be limited to the following:
a.
One recreational vehicle with a length of 30 feet or less; and
b.
One boat with a length of 20 feet or less.
9.
The following commercial services are permitted as accessory uses on farms, provided that the uses are located on a parcel of at least 50 acres or on a parcel of any size subject to an ALPP purchased or dedicated easement, the commercial service is conducted by persons residing on or operating the farm, and all uses are screened from public roads and adjacent lots:
a.
Blacksmith shop
b.
Farm machinery repair
c.
Lawn and garden equipment repair
d.
Welding
10.
Farm stands, subject to the requirements of Section 128.0.I.
11.
Snowball stands, subject to the requirements of Section 128.0.D.
12.
Home-based contractors, subject to the requirements of Section 128.0.C.2.
13.
The acceptance or disposal of off-site land clearing debris under a permit issued by the Department of Planning and Zoning, subject to the requirements of Section 128.0.D.
14.
Value-added processing of agricultural products, subject to the requirements of Section 128.0.I.
15.
Agritourism enterprises and pick-your-own marketing of farm products, subject to the requirements of Section 128.0.I.
16.
Farm Winery—Class 1A and Farm Brewery—Class 1A, subject to the requirements of Section 128.0.O.
17.
Small Wind Energy System, building mounted, subject to the requirements of Section 128.0.L.
18.
Small Wind Energy System, freestanding tower on properties 5 acres or great or greater, subject to the requirements of Section 128.0.M.
19.
Riding Academies and Stables, subject to the requirements of Section 128.0.I.
20.
Community Supported Agriculture, subject to the requirements of Section 128.0.I.
21.
Food Hubs, subject to the requirements of Section 128.0.I.
22.
Accessory Solar Collectors.
23.
Residential chicken keeping, subject to the requirements of Section 128.0.D.
24.
Livestock on residential lots or parcels, subject to the requirements of Section 128.0.D.
25.
Accessory storage buildings and shipping containers, as accessory storage structures, subject to the requirements in Section 128.0.D.
(Bill No. 44-2013(ZRA-146), § 1, 12-9-2013; Bill No. 53-2017(ZRA-169), § 1, 11-13-2017)
D.
Eligibility for Subdivision
1.
Parcels of less than 6 acres shall be subdivided in accordance with the non-cluster subdivision requirements of Section 104.0.E.
2.
Parcels of 6 acres or greater but less than 20 acres may be subdivided either in accordance with the cluster subdivision requirements of Section 104.0.E (Bulk Requirements) and Section 104.0.G (Cluster Subdivision Requirements), or in accordance with the non-cluster subdivision requirements of Section 104.0.E.
3.
Parcels of 20 acres or larger shall be subdivided in accordance with the cluster subdivision requirements of Section 104.0.E. and 104.0.F, except that parcels located within 2500 feet of the normal water level of a water supply reservoir, as determined by the appropriate state agency, may be subdivided in accordance with the non-cluster subdivision requirements of Section 104.0.E.
4.
Parcels 100 acres or larger may be subdivided in accordance with the large parcel subdivision requirements of Section 104.0.E.
5.
Tier IV Properties which are subject to Senate Bill 236 are only authorized for minor subdivisions of four or fewer buildable lots or parcels; however, sending of remaining density is permitted in accordance with the DEO provisions of Section 106.0.
E.
Bulk Requirements
(Also see Section 128.0.A, Supplementary Bulk Regulations.)
1.
Density and Lot Size Requirements
a.
Density for Cluster Subdivisions
Density requirements for cluster subdivisions are given in Section 104.0.G.
b.
Minimum Lot Size
Cluster
SubdivisionNon-Cluster
SubdivisionLarge Parcel Subdivision With shared septic system drainfield 33,000 sq. ft. 3 acres Not applicable With individual septic system drainfield 40,000 sq. ft. 3 acres 50 acres Non-buildable preservation parcels None Not applicable Not applicable c.
Maximum Lot Size
In cluster subdivisions, the maximum lot size for cluster lots shall be 50,000 square feet. However, the Department of Planning and Zoning may allow the size of specific lots to be increased up to a maximum of 60,000 square feet based on adequate justification from the developer regarding site limitations and setback restrictions for the location of the well, private septic system and storm water management devices. There shall be no maximum size for preservation parcels.
2.
Maximum Height Limitations
a.
Principal structures with gable, hip or gambrel roofs ..... 40 feet
b.
Principal structures with other roof types ..... 34 feet
c.
Detached accessory houses ..... 34 feet
d.
Other Accessory structures ..... 25 feet
3.
Minimum lot width at building restriction line
a.
Lots 3 acres or larger ..... 200 feet
b.
Lots less than 3 acres ..... 100 feet
4.
Minimum setback requirements—structures
a.
Lots 3 acres or larger:
(1)
Principal structures—from collector or arterial public street right-of-way ..... 75 feet
(2)
Front ..... 75 feet
(3)
Side
(a)
From public street right-of-way ..... 60 feet
(b)
Principal structure from lot line ..... 30 feet
(c)
Accessory structure from lot line
1.
200 square feet or greater ..... 30 feet
2.
less than 200 square feet ..... 10 feet
(4)
Rear
(a)
All structures—from public street right-of-way ..... 75 feet
(b)
Principal structure ..... 60 feet
(c)
Accessory structure ..... 10 feet
b.
Lots less than 3 acres:
(1)
Principal structures—from collector or arterial public street right-of-way ..... 75 feet
(2)
Front ..... 50 feet
(3)
Side
(a)
From public street right-of-way ..... 30 feet
(b)
Principal structure from lot line ..... 10 feet
(c)
Accessory structure from lot line
1.
200 square feet or greater ..... 10 feet
2.
less than 200 square feet ..... 5 feet
(4)
Rear
(a)
All structures—from public street right-of-way ..... 50 feet
(b)
Principal structure ..... 30 feet
(c)
Accessory structure ..... 10 feet
5.
Minimum setback requirements—uses
All uses (other than structures) not accessory to farming or single-family detached dwellings shall be at least 50 feet from public street rights-of-ways and 30 feet from all other lot lines.
6.
Bulk Requirements for ALPP Purchased Easements
On Howard County ALPP Purchased Easement properties, lots may be created pursuant to the applicable Howard County laws and regulations governing the easement, subject to the following requirements.
a.
The following requirements shall apply instead of the requirements of Section 104.0.E.
Lot size: maximum—1 acre
minimum—40,000 square feet
b.
The 1 acre maximum lot size required by this section may be increased up to a maximum of 1.2 acres provided that:
(1)
The location of the proposed lot has been approved by the Howard County Agricultural Land Preservation Board, and
(2)
The Department of Planning and Zoning determines that:
(a)
The increase in lot size is necessary to accommodate the Health Department approved locations for the sewage disposal easement and well; and
(b)
The proposed lot is a regularly shaped lot in accordance with Section 16.120 (B) of the Howard County Code; and
(3)
The increase in lot size shall be approved:
(a)
By the Department of Planning and Zoning as an Administrative Adjustment pursuant to Section 100.0.F of the Zoning Regulations; or
(b)
By the Hearing Authority as a Variance pursuant to Section 130.0.B of the Zoning Regulations.
c.
All bulk regulations of Section 104.0.E.2 through 104.0.E.5. remain applicable.
F.
Moderate Income Housing Units
At least 10% of the dwellings in each RC development shall be Moderate Income Housing Units. Multi-plex units that are comparable in size to surround dwellings are permitted on a single-family detached lot.
G.
Cluster Subdivision Requirements
1.
Subdivision and Density Requirements
a.
A cluster subdivision consists of cluster lots, which are located on a portion or portions of the parcel being subdivided, and a preserved area, which is the entire residual area of the parcel being subdivided.
b.
The preserved area should be retained as a single preservation parcel whenever possible. It may be divided into more than one preservation parcel only at the time that the preserved area is originally recorded and only in accordance with the purposes of the RC District with the following exception:
(1)
Subdivision of a preservation parcel after recordation of the preservation parcel easement may only be permitted if the subdivision is necessary to establish a boundary line respecting agricultural, historical, or environmental features or patterns of use; and
(2)
Involves either:
(a)
The transfer of land between adjoining parcels that are both entirely protected by an agricultural environmental or historic preservation easement held by Howard County or a State agency; or
(b)
The exchange of equivalent acreage between adjoining parcels, one of which is a preservation parcel, created in accordance with section 104.0, 105.0 or 106.0 of these Regulations, wherein the resulting configuration will better facilitate the purpose of the preservation parcel and better ensure its protection; and
(3)
Such transfer may not:
(a)
Result in a net increase in the number of farm tenant house rights for the parcel being enlarged; or
(b)
Undermine the original agricultural, environmental, or historic preservation purpose for creating the preservation parcel; or
(c)
Reduce the preservation parcel to less than 20 acres; and
(4)
Such land transfer requires consent of all easement holders. All deed(s) of easements shall be amended to reflect the land transfer.
c.
The maximum number of cluster lots which may be created shall be the sum of the following:
(1)
One cluster lot per 4.25 gross acres of area in the parcel being subdivided (the base density).
(2)
If the cluster subdivision will create at least one preservation parcel larger than 25 acres, and the parcel being subdivided has not been reduced in size since September 18, 1992, one additional cluster lot may be created per 25 gross acres within the largest preservation parcel. The additional dwellings shall be placed on additional cluster lots, except that one principal dwelling unit may be placed on the preserved area.
d.
Only one preservation parcel within a cluster subdivision may be improved by a dwelling. If a dwelling unit is to be allowed on a preservation parcel, the number of permitted cluster lots shall be decreased by one. A non-buildable preservation parcel that cannot be improved with a dwelling shall be dedicated and deeded without charge to either Howard County or to the subdivision's homeowner's association, at the discretion of the County, unless the County approves the preservation parcel's ownership by a private entity solely for farming, environmental conservation or private recreation purposes in perpetuity.
e.
The maximum density of one dwelling unit per 4.25 gross acres refers to principal dwelling units and not to accessory uses such as farm tenant houses, caretaker dwellings or accessory apartments.
f.
A preservation parcel easement for the required preserved area of a cluster subdivision shall be recorded at the same time that the final plats are recorded for the cluster lots in the subdivision, except as permitted below.
g.
Cluster subdivisions may be recorded in phases as long as a preservation parcel easement for the required preserved area is recorded for each phase. Preservation parcel easements will normally encumber an entire preservation parcel. However, they may encumber a portion of a parcel as a temporary measure to allow phasing of the subdivision or the transfer of density. Bulk parcels of unencumbered land may be recorded for future sections of cluster lots.
h.
The restrictions and requirements for the preserved area shall not apply to the residual land of a minor subdivision (three or fewer lots plus a residual parcel) if the base density of one cluster lot per 4.25 acres is not exhausted, and if the property is not designated as Tier IV, subject to Senate Bill 236, but shall apply at the time that a major subdivision is recorded.
2.
Design Standards
The design of a cluster subdivision shall reflect the intended principal use or uses of the preservation parcels. The Preliminary Equivalent Sketch Plan submission shall include a justification for the proposed design that explains how it accomplishes the following objectives:
a.
Locate and arrange cluster lots and subdivision roads to create consolidated preservation parcels appropriately shaped for one or more of the permitted uses listed in Section 106.1. Generally, most of the preserved area shall be within preservation parcels designed to be suitable for agricultural use, protection of environmental features, or provision of a buffer between cluster lots and adjacent non-cluster lots, a scenic road, a historic site, or farmland.
b.
Avoid fragmentation of the preserved area into small, irregularly shaped preservation parcels.
c.
Locate preservation parcels to be contiguous with adjacent preserved land, if any. Preserved land includes State or County parkland, land subject to a permanent preservation easement held by a governmental agency or land trust, and land held for protection of a water supply reservoir.
d.
Minimize potential adverse impacts on existing farm operations.
e.
Configure preservation parcels to provide frontage and public street access that will be suitable for potential agricultural and agribusiness uses, minimizing conflicts with residential traffic from cluster lots.
f.
Avoid the need for removal of existing hedge rows or tree stands, particularly along public street rights-of-ways and between housing and farmland; and
g.
Preserve the rural and scenic quality of the landscape, particularly as viewed from public roads.
3.
Permitted Uses on Preservation Parcels—see Section 106.1, County Preservation Easements.
4.
Requirements for Preservation Parcel Easements
a.
The easement agreement for each preservation parcel shall be approved by the County and executed by the property owner prior to recordation. The easement shall run with the land, shall be in full force and effect in perpetuity, and shall describe and identify the following:
(1)
The location and size of the preservation parcel.
(2)
Existing improvements on the preservation parcel.
(3)
A prohibition on future residential, commercial or industrial development of the preservation parcel, other than the uses listed in Section 106.1. The easement must specify the primary purpose of the preservation parcel, and prohibit the use of the preservation parcel for incompatible uses.
(4)
A prohibition on future subdivision of the preservation parcel.
(5)
Provisions for maintenance of the preservation parcel.
(6)
Responsibility for enforcement of the easement.
(7)
Provisions for succession in the event that one of the parties to an easement agreement ceases to exist.
b.
Except as exempted below, at least two of the following entities shall be parties to the preservation easement in addition to the property owner:
(1)
Howard County government;
(2)
Maryland Environmental Trust or Maryland Historical Trust;
(3)
A land conservation organization approved by the County Council; or
(4)
A homeowners association comprised of a minimum of three lots which are directly associated with the preservation parcel.
c.
Only one of the above parties is required for easements on preservation parcels that meet one of the following conditions:
(1)
The preservation easement will be donated to the Agricultural Land Preservation Program;
(2)
The preservation parcel is being created solely to encompass storm water management or shared sewage disposal facilities;
(3)
The preservation parcel will be deeded to Howard County;
(4)
The preservation parcel will be deeded to a homeowner's association and the preservation easement will be held by Howard County; or
(5)
The preservation parcel is a density sending parcel.
d.
If the Preservation Easement is dedicated as an Agricultural Land Preservation Easement, the easement shall be held by Howard County.
e.
If a property owner selects Howard County as an easement holder for a preservation parcel, Howard County shall have the option of choosing whether the easement is dedicated to the Howard County Agricultural Land Preservation Program or held by the County under another type of preservation parcel easement, based on the characteristics and designated principal uses of the preservation parcel.
H.
Conditional Uses
Conditional Uses in the RC District are subject to the detailed requirements for Conditional Uses given in Section 131.0. For the list of permitted Conditional Uses, refer to the chart in Section 131.0.