§ 112.1. R-APT (Residential: Apartments) District  


Latest version.
  • A.

    Purpose

    The R-APT district is established to provide the opportunity for higher density apartments to support adjacent retail areas and services, enhance transportation hubs and provide a land use transition between more intense uses and lower density residential districts. It is intended that R-APT districts will adjoin arterial roadways and should have opportunities for pedestrian and bicycle access to the surrounding areas.

    (Bill No. 36-2015(ZRA-153), § 1, 10-10-2015)

    B.

    Use Permitted as a Matter of Right

    1.

    One single-family detached dwelling unit per lot.

    2.

    Apartment units.

    3.

    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.

    4.

    Conservation areas, including wildlife and forest preserves, environmental management areas, reforestation areas, and similar uses.

    5.

    Convents and monasteries used for residential purposes.

    6.

    Government structures, facilities and uses, including public schools and colleges.

    7.

    Private recreational facilities, such as swimming pools, basketball courts and tennis courts, reserved for the use of on-site residents and their guests. Such facilities may be located within condominium developments as well as within communities where all properties are included within recorded covenants and liens which govern and provide financial support for operations 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

    1.

    Any use normally and customarily incidental to any use permitted as a matter of right in this District.

    2.

    Farm tenant houses, caretakers' cottages and similar uses customarily accessory to agricultural and residential estate uses, provided that these uses shall not be permitted on parcels of less than 50 acres, and further provided that one unit shall be allowed for each 50 acres of that parcel.

    3.

    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.

    4.

    Home occupations, subject to the requirements of Section 128.0.C.

    5.

    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 3.b above, the total number of persons receiving home care at one time plus the number of persons being housed shall not exceed eight.

    6.

    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.

    7.

    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.

    8.

    Snowball stands, subject to the requirements of Section 128.0.D.

    9.

    Small Wind Energy System, building mounted, on single-family detached dwellings and non-residential structures only, subject to the requirements of Section 128.0.L.

    10.

    Accessory Solar Collectors.

    D.

    Bulk Regulations

    (Also see Section 128.0.A, Supplementary Bulk Regulations, and 128.0.G, Alternative Regulations for Traditional Residential Neighborhoods.)

    1.

    For all uses, the following maximum limitations shall apply:

    a.

    Height

    (1)

    Structure with minimum setback ..... 65 feet

    (2)

    Structure with an additional 1 foot in height for every 2 feet of setback above the minimum ..... 80 feet

    b.

    Density ..... 25
    dwelling units per net acre

    c.

    Building length ..... 300 feet

    However, the Director of the Department of Planning and Zoning may approve a greater length, up to a maximum of 600 feet, based on a determination that the greater length is needed to address noise mitigation or site considerations and that the design of the building will mitigate the visual impact of the increased length by using architectural treatments to reduce the perceived visual mass.

    2.

    Minimum lot size—single-family detached dwellings ..... 6,000
    square feet

    3.

    Minimum lot width at the building restriction line—single-family detached dwellings ..... 60 feet

    4.

    Minimum setback requirements

    a.

    From arterial or major collector public street right-of-way

    (1)

    Structures

    (a)

    Front or side ..... 30 feet

    (b)

    Rear ..... 50 feet

    (2)

    Uses (other than structures) in all development projects except single-family detached ..... 30 feet

    b.

    From any other public street right-of-way or private street

    (1)

    Structures

    (a)

    Apartments, front or side ..... 20 feet

    (b)

    Rear to public street ..... 40 feet

    (c)

    Rear to private street ..... 20 feet

    (2)

    Uses (other than structures), excluding uses in single-family detached development projects ..... 20 feet

    c.

    From vicinal properties—in all development projects except single-family detached

    (1)

    From an RC, RR, R-20, R-12, R-ED or R-SC District or a single-family land use area of a NT, PGCC or MXD District

    (a)

    Apartment dwellings ..... 100 feet

    (b)

    Other structures or uses ..... 50 feet

    (2)

    From any other zoning district or, if land adjacent to project is zoned R-APT, from the project boundary

    (a)

    Apartment dwellings ..... 50 feet

    (b)

    Other structures or uses ..... 20 feet

    (3)

    If another residential zoning district is separated from the R-APT District by a public street, only the setbacks from the public street right-of-way apply.

    d.

    From lot lines—all structures in single-family detached developments

    (1)

    Front ..... 20 feet

    (2)

    Side ..... 7.5 feet

    (3)

    Rear

    (a)

    Principal structures ..... 30 feet

    (b)

    Accessory structures ..... 10 feet

    5.

    Minimum distances between apartment buildings:

    a.

    Face to face ..... 30 feet

    b.

    Face to side/Rear to side ..... 30 feet

    c.

    Side to side ..... 30 feet

    d.

    Rear to rear ..... 60 feet

    e.

    Rear to face ..... 100 feet

    (Bill No. 36-2015(ZRA-153), § 1, 10-10-2015)

    E.

    Receiving Parcel for Neighborhood Preservation

    A parcel may be developed as a receiving parcel in association with Neighborhood Preservation Parcel sending parcels at a bonus density of up to a maximum of 35 units per net acre in accordance with the Section 128.0.K requirements.

    F.

    Moderate Income Housing Units

    At least 15% of the dwellings in each R-APT development shall be Moderate Income Housing Units.

    G.

    Amenity Areas

    R-APT developments shall include an amenity area or areas. A minimum of 10% of the net acreage shall be provided as open space which must be designed as an amenity area. No amenity area shall be smaller than 0.25 acre. The amenity area shall include seating and trees proportional to the size of the amenity area. Amenity areas shall be connected by pedestrian and bicycle improvements that link with existing and future connections to surrounding developments.

    H.

    Design Advisory Panel

    Residential developments shall be reviewed by the Design Advisory Panel in accordance with Title 16, Subtitle 15 of the Howard County Code. The property owner shall provide documentation with the site plan to show compliance with this criterion prior to site plan approval.

    I.

    Conditional Uses

    Conditional Uses in the R-APT 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.