§ 127.4. TOD (Transit Oriented Development) District
A.
Purpose
The TOD District provides for the development and redevelopment of key parcels of land within 3,500 feet of a MARC Station. The TOD District is intended to encourage the development of multi-use centers combining office and high-density residential development that are located and designed for safe and convenient pedestrian access by commuters using the MARC Trains and other public transit links. For sites of least 50 acres, well-designed multi-use centers combining office, high-density residential development with a diversity of dwelling unit types, and retail uses are encouraged. The requirements of this district, in conjunction with the Route 1 Manual and the vehicular and pedestrian improvements that connect internally and with surrounding developments, will result in development that makes use of the commuting potential of the MARC system, creates attractive employment or multi-use centers, and provides for safe and convenient pedestrian travel.
Many parcels in the TOD District were developed before this district was created. It is not the intent of these requirements to disallow the continued use of sites developed prior to the TOD District. Additionally, because TOD developments are most effective when comprehensively planned for larger parcels of land surrounding a MARC Station, it is neither the intent of these requirements to encourage smaller, piecemeal TOD developments nor disallow the beneficial use of undeveloped TOD District parcels during the period of time prior to a larger TOD development being assembled. The intent of this district will be achieved by bringing sites into compliance with these requirements and the standards of the Route 1 Manual as a mix of residential and nonresidential uses are redeveloped or expanded. Certain light industrial uses or lower density residential units may also be appropriate with the mix of TOD uses if properly located so as to not overly reduce the available land area for the more dense mix of uses at the core of the TOD development, closer to the MARC Station.
{ Council Bill 1-2014(ZRA-147)Effective 4/7/2014}B.
Uses Permitted as a Matter of Right
1.
Ambulatory health care facilities, including pharmacies incidental to these uses.
2.
Athletic facilities, commercial.
3.
Biomedical laboratories.
4.
Commercial communication antennas.
5.
Conservation areas, including wildlife and forest preserves, environmental management areas, reforestation areas, and similar uses.
6.
Data processing and telecommunication centers.
7.
Dwellings, apartment.
8.
Dwellings, single-family attached.
9.
Flex space.
10.
Government structures, facilities and uses, including public schools and colleges.
11.
Horse racetrack facilities.
12.
Hotels, motels, country inns and conference centers.
13.
Industrial Uses, light, provided that: The property is at least 30 acres or greater and fronts on and has direct access to an arterial or collector highway; adjoins other properties developed with existing light industrial uses; the light industrial use is principally conducted within a building with a maximum building height of 50 feet; the proposed industrial development does not include a proposal for any dwelling units within the same project; and; the light industrial development is at the periphery of the TOD District, well separated from the MARC Station.
14.
Offices, professional and business.
15.
Parking facilities that serve adjacent off-site uses in accordance with Section 133.0.B.
16.
Religious facilities, structures and land used primarily for religious activities.
17.
Research and development establishments.
18.
Restaurants, carryout, including incidental delivery services.
19.
Restaurants, standard, and beverage establishments, including those serving beer, wine and liquor for consumption on premises only.
20.
Schools, commercial.
21.
Schools, private academic, including colleges and universities.
22.
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.
23.
Volunteer fire departments.
{ Council Bill 1-2014(ZRA-147)Effective 4/7/2014}(Bill No. 34-2016(ZRA-163, ZRA-166), § 1, 10-9-2016)
C.
Commercial Uses Permitted With Limitations
The following commercial uses are permitted as a matter of right in any multistory building or parking structure or in a single-story building or parking structure having a minimum height of 20 feet. One-story commercial uses shall be limited to a maximum of 20,000 square feet of total building area.
1.
Banks, savings and loan associations, investment companies, credit unions, brokers, and similar financial institutions without a drive-through, except that single lane drive-through service shall be permitted provided that there shall be no portion of drive-through service visible from a public road.
2.
Blueprinting, printing, duplicating or engraving services.
3.
Child day care centers and nursery schools.
4.
Laundry and dry cleaning establishments.
5.
Personal service establishments.
6.
Pizza delivery services and other services for off-site delivery of prepared food.
7.
Restaurants, fast food without a drive-through.
8.
Retail establishments, limited to convenience stores, food stores, drug and cosmetic stores, liquor stores and specialty stores.
9.
Service agencies.
D.
Accessory Uses
1.
Any use normally and customarily incidental to any use permitted as a matter of right in this district.
2.
Private parks, swimming pools, athletic fields, exercise facilities, tennis courts, basketball courts and similar private, non-commercial recreation facilities.
3.
Home occupations, subject to the requirements of Section 128.C.
4.
Small Wind Energy System, building mounted, subject to the requirements of Section 128.0.L.
5.
Accessory Solar Collectors.
E.
Bulk Regulations
(Also see Section 128.0.A, Supplementary Bulk Regulations.)
1.
Except as provided in Section 127.4.B, minimum residential density is 20 units per net acre of residential development. { Council Bill 1-2014(ZRA-147)Effective 4/7/2014}
2.
Maximum building height
a.
Structure with minimum setback from a public street right-of-way ..... 60 feet
b.
Structure with an additional 1 foot of setback from a public street right-of-way for the portion of the structure over 60 feet for every 2 feet of additional height ..... 100 feet
3.
Minimum setbacks for development complying with the Route 1 Manual
The following minimum setback requirements apply to sites that comply fully with the Manual's requirements:
a.
Minimum setbacks from public street right-of-way
(1)
From arterial
(a)
Principal structures ..... 20 feet
(b)
All other structures and uses ..... 30 feet
(2)
From other public street right-of-way
(a)
All structures and uses (except surface parking) ..... 10 feet
(b)
Surface parking ..... 20 feet
b.
Minimum setbacks from vicinal properties:
(1)
From a residential district: All structures and uses ..... 30 feet
(2)
From all other zoning districts:
(a)
Structures containing residences ..... 30 feet
(b)
All other structures and uses ..... 0 feet
(3)
If a TOD District is separated from another zoning district by a public street right-of-way, only the setbacks from a public street right-of-way shall apply.
4.
Minimum distances between residential buildings
The following minimum distances shall be maintained between any buildings containing residences (even if the buildings include other uses also):
a.
Side to side ..... 15 feet
b.
All other façade to façade relationships ..... 30 feet
5.
Minimum setback requirements for sites not complying with the use provisions of the TOD District and the Route 1 Manual.
The following minimum setback requirements apply to sites developed prior to the creation of the TOD District that do not comply or only partially comply with the Howard County Landscape Manual and the Route 1 Manual:
a.
From external public street right-of-way
(1)
Structures and uses ..... 50 feet
(2)
Except for parking uses and fences adjoining parking uses ..... 30 feet
b.
From internal public street right-of-way
(1)
Structures and uses ..... 50 feet
(2)
Except for parking uses and fences adjoining parking uses ..... 10 feet
c.
From any residential district: All structures and uses ..... 100 feet
d.
If a residential district is separated from the TOD District by a public street right-of-way, only the setbacks from a public street right-of-way shall apply.
F.
Requirements for TOD Development
1.
Amenity Area
TOD developments shall include an amenity area or areas that are a minimum of 10% of the net site acreage. The amenity area shall include seating and trees. The number of seating areas and trees shall increase proportionately to the increase in size of the amenity area. No amenity area shall be smaller than 0.25 acre. Amenity areas on the site shall be connected by pedestrian and bicycle improvements that link with existing and future connections to surrounding developments.
Sites larger than 25 acres must provide well-designed recreational areas for both children's and adult's activities. On sites larger than 25 acres, one amenity area must be designed as a civic gathering place large enough to accommodate such activities as community picnics, concerts, fairs and similar events.
2.
Area Requirements for Residential Uses
a.
Residences are permitted only within a development project encompassing at least 3 gross acres of TOD-zoned land.
b.
No more than 50% of the developable acreage, excluding road right-of-way and open space, shall be devoted to residential buildings and parking. For parcels that are 5 acres or less, no more than 50% of the developable acreage, excluding road-right-of-ways, open space, and structured parking, shall be devoted to residential buildings and surface parking lots.
c.
Moderate Income Housing Units
At least 15% of the dwelling units shall be Moderate Income Housing Units.
(Bill No. 34-2016(ZRA-163, ZRA-166), § 1, 10-9-2016)
G.
Compliance with Route 1 Manual
1.
New Development
New development in the TOD District shall comply with the standards of the Route 1 Manual.
2.
Alterations to Existing Uses Requiring Compliance with the Route 1 Manual
a.
The following minor alterations or enlargements are exempt from complying with the Route 1 Manual:
(1)
Expansion of a building by 10% or less of the floor area of the building on April 13, 2004, up to a maximum of 5,000 square feet of floor area.
(2)
Building repairs, repaving or restriping parking areas, and other maintenance or repair that does not enlarge a building or use.
(3)
Removal of parking areas, driveways or other paved areas.
(4)
A change in the use of an existing building to a use permitted in this district, if the department of planning and zoning determines, in accordance with the Subdivision and Land Development Regulations, that no changes to site improvements are required.
(5)
Other minor alterations to a developed site that do not require a Site Development Plan or a revision to an approved Site Development Plan. This includes alterations approved through a waiver of the Site Development Plan requirement or a red-line revision to an existing Site Development Plan.
b.
Other than the above exceptions, any alteration or enlargement of an existing use must comply with the Route 1 Manual. The following standards determine the extent to which improvements must be brought into compliance with the Route 1 Manual. Additional guidance is provided in the Manual.
(1)
Expansion Of Existing Improvements
If buildings and/or site improvements are expanded, the site shall be brought into compliance with the Route 1 Manual in equal proportion to the percentage of the site impacted by the expansion. (For example, if the expansion impacts 20% of the site, 20% of the existing improved area shall be brought into compliance with the manual.) The area impacted by the expansion includes the square foot area of building additions and additional parking, loading, driveways or infrastructure, and land cleared or graded.
(2)
Site Improvements That Do Not Alter Buildings
If alterations or enlargements are limited to site improvements that do not involve buildings, existing buildings are not required to be brought into compliance with the Route 1 Manual.
(3)
Building Expansions
Expanded buildings shall be brought into compliance with the Route 1 Manual to the extent possible, including design and location of the addition. Relocation or reconstruction of existing buildings is not required.
c.
A site that does not fully comply with the Route 1 Manual is subject to the bulk requirements in Subsection E.4 above.
H.
Conditional Uses
Conditional Uses in the TOD 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.