A.   Land may be used and a structure may be  erected, moved, structurally altered, added to, enlarged, or used, only as allowed under the uses, use standards, and development standards in the zone in which the land or structure is located. Section 4.1.2 does not, however, prohibit the use of any land for exclusively agricultural purposes.

B.   Every new building must be located on a lot, except as allowed under Section 7.7.1.D.2 or unless exempt from the platting requirements under Chapter 50.

C.   In the Agricultural, Rural Residential, and Residential Detached zones, only one detached house is allowed per lot, except as allowed under Section 3.1.6 for a Detached Accessory Apartment, Farm Labor Housing Unit, or Guest House, or under Section 7.7.1.A.1 for an Existing Structure on October 30, 2014.

A.   Detached House or a Building for a Cultural Institution, Religious Assembly, Public Use, or Conditional Use allowed in the zone

B.   Duplex

C.   Townhouse

D.   Apartment Building

A.   Detached House

B.   Duplex

C.   Townhouse

D.   Apartment Building

E.   Multi Use Building

F.   General Building

i.   The front setback is measured from the front lot line to a structure.

ii.   The side street setback is measured from the side street lot line to a structure.

iii.   The side setback is measured from the side interior lot line to a structure.

iv.   The rear setback is measured from the rear lot line to a structure.

a.   The build-to area is the area on the lot from the lot line or right-of-way to the maximum setback where a certain percentage of the front or side street building façade must be located.

b.   A drive aisle is prohibited in the build-to area. All other structures and uses customarily allowed on the lot are allowed in the build-to area, including an access driveway perpendicular to the right-of-way.

i.   The front and side street parking setback is measured from the edge of the lot line or right-of-way to a surface parking lot.

ii.   The side parking setback is measured from the side lot line to a surface parking lot.

iii.   The rear parking setback is measured from the rear lot line or the edge of the right-of-way if there is an alley to a surface parking lot.

i.   Coverage is the area of a lot or site occupied by a building, including an accessory building, structured parking, or other roofed structure such as a porch, patio, deck, or steps.

ii.   Coverage does not include paved areas such as a driveway, a pedes-trian walkway, a bay window measuring 10 feet in width or less and 3 feet in depth or less, an uncovered porch or patio, deck, a swimming pool, or roof overhang.

i.   Any unenclosed porch, deck, terrace, steps, or stoop may project a maximum of 3 feet into any side setback, or any side street setback of less than 25 feet and may project a maximum of 9 feet into any front setback, rear setback, or any side street setback where the side street setback is a minimum of 25 feet. This encroachment includes an unenclosed roofed porch or terrace.

ii.   Any roofed and unenclosed steps or stoop may project a maximum of 3 feet into any side setback, or any side street setback of less than 25 feet and may project a maximum of 9 feet into any front setback, rear setback, or any side street setback where the side street setback is a minimum of 25 feet. Any roof covering unenclosed steps or a stoop may project a maximum of 3 feet into any setback.

iii.   An unenclosed balcony may project a maximum of 6 feet into a required setback, if such projection is a minimum of 2 feet from the vertical plane of any lot line.

iv.   A sill, leader, belt course, or similar ornamental feature may project a maximum of 6 inches into any setback. Where a wall is located on a lot line, any such projection may extend across a lot line under Chapter 50 (Section 50-20).

v.   A chimney or flue as part of a detached house, duplex, or townhouse may project a maximum of 2 feet into any setback.

vi.   A chimney or flue as part of an apartment may project a maximum of 4 feet into any setback, if such extension remains a minimum of 2 feet from the vertical plane of any lot line.

vii.   Any building eave, cornice, or light shelf may project a maximum of 2 1/2 feet into any setback, if such extension remains a minimum of 2 feet from the vertical plane of any lot line. Where a wall is located on a lot line, any such projection may extend across a lot line under Chapter 50 (Section 50-20).

viii.   Any bay window, oriel, entrance, vestibule, or balcony, 10 feet in width or less, may project a maximum of 3 feet into any setback. The total length of all bay windows and oriels on a building façade is a maximum of 50% of the linear footage of the façade.

ix.   Any unenclosed fire escape or outside stairway may project a maximum of 5 feet into any side street, side, or rear setback.

i.   Mechanical equipment associated with residential uses, such as an HVAC unit or security lighting, may project a maximum of 5 feet into any front or rear setback.

ii.   A permanent rainwater collection or harvesting system may project a maximum of 3 feet into any side street, side, or rear setback.

i.   any fence or wall under Section 6.4.3.C;

ii.   a handicap facility to the extent necessary to meet the minimum standards of the Americans with Disabilities Act; and

iii.   any sign under Division 6.7.

a.   Building height is measured from the average grade either to the mean height level between the eaves and ridge of a gable, hip, mansard, or gambrel roof or to the highest point of roof surface, regardless of roof type.

b.   Average grade is calculated using the weighted average of point grades for each wall length along pre-development or finished level of ground (whichever is more restrictive), along the front of the building parallel to the front setback line. The weighted average of point grades for each wall length is calculated by multiplying each front facing wall section times the grade elevation adjacent to that section, summing all products, and dividing by the total length of the front wall.

a.   For a building located within 35 feet of a street right-of- way, building height is measured from the level of approved curb grade opposite the middle of the front of a building to the highest point of roof surface of a flat roof or to the mean height level between eaves and ridge of a pitched roof. If a building is located on a terrace, the height may be increased by the height of the terrace. For a corner lot or a lot extending through from street to street, the height is measured from the curb grade opposite the middle of the building façade along either right-of- way; however, under Section 7.3.4, Site Plan, the Planning Board may approve an alternative point of measurement as part of site plan approval. The alternative measurement point must be taken from the approved curb grade along either right- of-way. In approving an alternative point of measurement, the Planning Board must consider compatibility and building height variation on the site.

b.   If a building is set back from the street line 35 feet or more, then the building height is measured from the average elevation of finished ground surface along the front of the building.

a.   The following roof structures may occupy a maximum of 25% of the roof area: a spire, belfry, cupola, dome not intended for human occupancy, chimney, flue or vent stack, flagpole, monument, water tank, television antenna or aerial, air conditioning unit, or similar structure or mechanical appurtenance (not including a rooftop renewable energy system). A larger area may be approved by the Planning Board under optional method development in the Commercial/Residential and Employment zones.

b.   The maximum height does not apply to solar panels and any roof structure listed in Section 4.1.7.C.3.a, except that in the TLD, TMD, THD, and R-30 zones, an air conditioning unit or similar structure or mechanical appurtenance may exceed the established height limit by a maximum of 8 feet.

c.   In the CRT, CR, Employment, and Industrial zones, the following may exceed the established height limit by up to 8 feet, except when located within an airport approach area:

i.   rooftop deck, patio, shade structure;

ii.   rooftop garden, landscaping;

iii.   parapet wall;

iv.   rooftop rainwater collection or harvesting system; and

v.   rooftop renewable energy system, such as a solar panel or wind turbine.

d.   An accessory structure located on the roof must not be used for any purpose other than a use incidental to the principal use of the building.

e.   A public building may be a maximum of 120 feet; but the minimum front, rear, and side setbacks must be increased 1 foot for each foot above the maximum height allowed in the zone.

a.   The minimum percentage of windows and doors that must cover a ground story facade is measured based on facade wall area between 0 and 12 feet above the adjacent sidewalk.

b.   The minimum percentage of windows and doors that must cover an upper story facade is measured based on facade wall area from the top of the finished floor to the top of the finished floor above. When there is no floor above it is measured from the top of the finished floor to the top of the wall plate.

a.   Blank wall is the area of the exterior street facing facade of a building that does not include windows or doors, or columns, pilasters, or other articulation greater than 8 inches in depth.

b.   Blank wall is measured vertically and horizontally.

a.   Entrance spacing is the maximum distance between entrances. One entrance must be provided for a specified length of building façade fronting a street or open space, as indicated in Division 4.5 and Division 4.6.

b.   An angled entrance may be provided at either corner of a building along the street to meet the street-facing entrance requirements.

a.   Section 4.1.8.A.2 applies to a property in a Residential Multi-Unit, Commercial/Residential, Employment, or Industrial zone that:

i.   abuts a property in an Agricultural, Rural Residential, Residential Detached, or Residential Townhouse zone that is vacant or improved with an agricultural or residential use; and

ii.   proposes development of an apartment, multi use, or general building type.

b.   On a property in a Residential Multi-Unit, Commercial/Residential, Em-ployment, or Industrial zone for which Section 4.1.8.A.1.a does not apply, the minimum side and rear setbacks are equal to the setbacks required for "Side setback, abutting all other zones" and "Rear setback, abutting all other zones" in the applicable standard method development standards tables in Division 4.4 through Division 4.8.

a.   The minimum side setback is equal to 1.5 times the minimum side setback required for a detached house on the abutting property. The minimum rear setback is equal to 1.5 time the minimum rear setback required for a detached house on the abutting property.

b.   When screening is required under Division 6.5, if the screening width is greater than the minimum setback under Section 4.1.8.A.2, the minimum setback equals the required screening width.

c.   Front and side street setbacks are not modified by Section 4.1.8.A.2.

a.   abuts or confronts a property in an Agricultural, Rural Residential, Residential Detached, or Residential Townhouse zone that is vacant or improved with an agricultural or residential use; and

b.   proposes any building type in a Commercial/Residential, Employment, Industrial, or Floating zone.

a.   When the subject property abuts a property in an Agricultural, Rural Residential, Residential Detached, or Residential Townhouse zone that is vacant or improved with an agricultural or residential use, any structure may not protrude beyond a 45 degree angular plane projecting over the subject property, measured from a height equal to the height allowed for a detached house in the abutting zone at the setback line determined by Section 4.1.8.A.

b.   When the subject property confronts a property in an Agricultural, Rural Residential, Residential Detached, or Residential Townhouse zone that is vacant or improved with an agricultural or residential use, any structure may not protrude beyond a 45 degree angular plane projecting over the subject property, measured from a height equal to the height allowed for a detached house in the confronting zone at the front or side street setback line determined under Article 59-4.

1.   The intent of the AR zone is to promote agriculture as the primary land use in areas of the County designated for agricultural preservation in the general plan, the Functional Master Plan for Preservation of Agriculture and Rural Open Space, and other current or future master plans. The AR zone accomplishes this intent by providing large areas of generally contiguous properties suitable for agricultural and related uses and permitting the transfer of development rights from properties in this zone to properties in designated receiving areas.

2.   Agriculture is the preferred use in the AR zone. All agricultural operations are permitted at any time, including the operation of farm machinery. An agricultural use cannot be restricted on the grounds that it interferes with other uses permitted in the zone, but uses that are not exclusively agricultural in nature must satisfy additional use standards or the conditional use approval process.

3.   The intent of the child lot option in the AR zone is to facilitate the continuation of the family farming unit and to otherwise meet the purposes of the AR zone.

Residential uses must be located and arranged to support agriculture as the primary use and to support the rural character of the area.

a.   Under Section 4.9.15.B and in conformance with a general plan, master plan, or functional master plan, residential density may be transferred at the rate of one development right per 5 acres minus one development right for each existing dwelling unit, from the AR zone to a TDR Overlay zone. A development right is not required for the following dwelling units on land in the AR zone as long as the dwelling unit remains accessory to Farming and the principal dwelling:

i.   Farm Labor Housing Unit; and

ii.   Detached Accessory Apartment.

b.   If a property is subdivided so that any Farm Labor Housing Units or Detached Accessory Apartments are no longer accessory to the farm as defined in Section 59.3.7.4.B, any Farm Labor Housing Units or Detached Accessory Apartments are not excluded from the calculation of density and must have retained a development right in addition to the retained development right for any newly created lot; however, these dwellings are excluded from the density calculation and need not have a retained development right if:

i.   the dwelling remains accessory to Farming and the principal dwelling; or

ii.   the subdivision is for the sole purpose of creating a child lot.

c.   The density transfer provisions are not applicable to publicly owned rights-of-way for roads, streets, alleys, easements, or rapid transit routes classified in the AR zone.

a.   A development right may be created, transferred, and extinguished only by an easement and appropriate release, in a recordable form approved by the Planning Board. Any easement must limit the future construction of detached houses on land zoned AR to the total number of development rights allowed by zoning minus all development rights recorded prior to October 30, 2014, all development rights previously transferred under Section 4.2.1.D.1 and Section 4.9.15.B, the number of development rights to be transferred by the instant transaction, and the number of existing detached houses on the property.

b.   The transfer of development rights must be recorded in the land records of the County.

a.   a recorded title to the property before January 7, 1981;

b.   personally applied for and obtained approval to create the lot; and

c.   retained a development right for each lot.

a.   The Planning Board may approve no more than one child lot for each child of the property owner, regardless of the number of properties owned.

b.   A maximum of 3 child lots may be established for a qualifying property owner under Section 4.2.1.E.1. The Planning Board may approve up to two additional child lots above the maximum number allowed in Section 4.2.1.F.2, Child Lots, if the additional child lot:

i.   is not encumbered by a State or County Agricultural Land Preservation Easement;

ii.   meets the applicable requirements in Section 4.2.1.E;

iii.   is on the landowner's only land holdings in the County; and

iv.   the area of the site for 4 child lots is at least 170 acres and the area of the site for 5 total child lots is at least 220 acres.

c.   In determining whether to approve any additional child lot, the Planning Board must consider any recommendation from the Agricultural Preservation Advisory Board (APAB) about whether the additional lot will promote the continuation of the family farm unit or otherwise meet the purposes of the AR zone.

a.   The owner of the child lot may only lease the lot to an immediate family member.

b.   Ownership of a child lot may be transferred if the Planning Board finds a hardship after the date of final inspection, such as a death of the child or a bona fide foreclosure of the mortgage or deed of trust.

a.   Any deed or other instrument conveying title from the owner of the property to a child must be signed by both the grantor and the grantee.

b.   In any deed or other instrument conveying title from the owner of the property to a child, the grantor must clearly and conspicuously state, and the grantee must clearly and conspicuously acknowledge, that the conveyed property is a child lot under Section 4.2.1.E.5.

c.   If the Planning Director determines that a child lot may be transferred under Section 4.2.1.E.5.b, the Planning Director must issue a certificate of compliance to the owner of the child lot in a form appropriate for recordation in the land records. The certificate is conclusive evidence of the owner's compliance with Section 4.2.1.E.5.

a.   A child lot is permitted on an area of land of any size where the child lot has an existing dwelling unit and is either identified on a plat recorded before October 1, 2010 or held under a deed that indicates conveyance from parent to child and was recorded before October 1, 2010, under the following provisions:

i.   one lot for every 25 acres plus one additional lot for each child lot;

ii.   a child lot of any size; and

iii.   no limitations on ownership.

b.   A child lot is permitted on an area of land of any size with a preliminary plan approved before October 1, 2010, under the ownership and transfer provisions of Section 4.2.1.E and may be identified on a plat recorded among the land records of the County using the following provisions:

i.   one lot for every 25 acres plus one additional lot for each child lot; and

ii.   a child lot of any size.

c.   A child lot is permitted on an area of land of any size with a preliminary plan application filed, but not approved, before October 1, 2010 and must satisfy Section 4.2.1.E, except it may be approved with a density of one lot for every 25 acres plus one additional lot for each child lot.

d.   A child lot previously recorded by plat is exempt from the limit on number of child lots and the lot area, and size limits of Section 4.2.1.E, if the density does not exceed one lot for every 25 acres plus one additional lot for each child lot.

a.   The differently zoned areas must be contiguous;

b.   Uses and building types are governed by the zone;

c.   The site requirements in the optional method tables apply; density and open space must be calculated as if each area were developed individually; and

d.   The allowed number of units and required open space may be located without regard to the limits in the underlying zone.

i.   Development must substantially conform with the recommendations of the applicable master plan.

ii.   The applicant must address any design guidelines approved by the Planning Board that implement the applicable master plan.

a.   The differently zoned areas must be contiguous;

b.   Uses and building types are governed by the zone;

c.   The site requirements in the optional method tables apply; density and open space must be calculated as if each area were developed individually; and

d.   The allowed number of units and required common open space may be located in any zone.

1.   The plan of cluster development must show how scenic vistas would be preserved or enhanced, and reflect an arrangement that has considered the visual impact of the residential development on such vistas.

2.   The Planning Board may deny the optional method Cluster Development if the development would:

a.   unduly jeopardize significant farming or agricultural activity;

b.   threaten the natural integrity of environmentally sensitive areas; or

c.   eliminate or substantially diminish significant scenic vistas.

1.   The intent of the RNC zone is to preserve open land, environmentally sensitive natural resources, and rural community character through clustering of residential development in the form of small neighborhoods that provide neighborhood identity in an open space setting. A master plan must recommend the RNC zone, and must provide development guidelines and recommendations regarding density, and the location and rationale for preserving the rural open space.

2.   It is also the intent of the RNC zone to implement the recommendations of the applicable master plan, such as maintaining broad vistas of open space, preserving agrarian character, or preserving environmentally sensitive natural resources to the maximum extent possible, and to ensure that new development is in harmony with the policies and guidelines of the applicable master plan and is compatible with existing development in adjoining communities.

1.   A diversity of lot sizes is required. The Planning Board must evaluate the range of lot sizes provided and ensure that a proposed development is compatible with existing development on adjoining properties and is consistent with the purpose and intent of the zone.

2.   The Planning Board must favor diversity of house sizes where such diversity would be substantially consistent with neighboring communities.

3.   A lot developed under the optional method must be connected to a community water and sewerage system, unless the applicant can demonstrate in a preliminary plan application that a limited number of lots on a private well and septic facility within the cluster will provide a more beneficial subdivision design because of environmental or compatibility reasons.

4.   The RNC zone also allows for an optional method of development without the provision of MPDUs above those required by Chapter 25A, if recommended in the applicable master plan. The maximum density for this type of optional method development is 1 dwelling unit per acre, unless a lesser density is recommended by the applicable master plan.

1.   The established building line applies only to new buildings in the R-200, R-90, or R-60 zones, and new detached house buildings in the R-40 zone and does not apply to an alteration or addition to an existing building.

2.   The 2 or more detached houses considered in determining the established building line must be:

a.   within 300 feet of the side lot line of the proposed construction site measured along the street frontage;

b.   along the same side of the street;

c.   between intersecting streets or to the point where the street terminates;

d.   in existence or approved by a building permit when the building permit application on the subject property is filed;

e.   legally constructed; and

f.   not on a through lot if the building on the through lot fronts on a street other than the street fronting the subject property.

3.   The established building line applies if at least 2 buildings described in Section 4.4.1.A.2 and more than 50% of the buildings described in Section 4.4.1.A.2 are set back more than the minimum required by the zone. The established building line is equal to the average front setback of all the buildings described in Section 4.4.1.A.2, excluding those buildings:

a.   in the R-200 zone that are or were ever served by well or septic;

b.   on the subject property;

c.   in a different zone than that of the subject property;

d.   on a through lot that fronts on a street different than that of the subject property;

e.   located on any pipestem, wedge-shaped, or flag-shaped lot; or

f.   approved by permit for demolition, except if a building permit was also approved with the same setback.

4.   If the established building line applies, the applicant may choose to use as the front setback:

a.   the established building line;

b.   the average front setback of the 2 abutting lots; or

c.   the front setback of the existing detached house that was established before demolition, excluding any approved variance, if the existing building meets the minimum front setback of the zone.

5.   All calculations must be based on a survey that is signed and sealed by a Maryland licensed engineer or surveyor.

6.   If the established building line does not apply, the building must satisfy the minimum front setback of the zone.

7.   A corner lot has 2 front setbacks and must satisfy established building line standards on both streets. At the option of the applicant, a corner lot may use front setbacks of the abutting buildings on both sides of the corner lot.

a.   the lot was created:

i.   by a plat recorded before January 1, 1978; or

ii.   by a plat of resubdivision that created fewer than 6 lots from a lot previously created by a plat recorded before January 1, 1978;

b.   the lot is less than 25,000 square feet in area; and

c.   the construction proposed is:

i.   a new detached house;

ii.   the demolition and reconstruction of more than 50% of the floor area of an existing detached house; or

iii.   the addition of more than 50% of the floor area of the detached house.

a.   The differently zoned areas must be contiguous;

b.   Uses and building types are governed by the zone;

c.   The site requirements in the optional method tables apply; density and open space must be calculated as if each area were developed individually; and

d.   The allowed number of units and required open space may be located without regard to the limits in the underlying zone.

a.   the minimum usable area requirement does not apply;

b.   a perimeter lot that is adjacent, abutting, or confronting one or more existing detached house dwellings must satisfy the dimensional standards under the standard method of development;

c.   the MPDU buildings must be similar in size and height to the market rate dwellings in that development; and

d.   the maximum percentage of townhouses is 40% of the total residential dwellings in that development, unless a development in which up to 100% of the units consist of townhouses is approved by the Planning Board upon a finding that the increased use of townhouses is more desirable for environmental reasons and the increased use of townhouses is compatible with adjacent development.

i.   Development must substantially conform with the recommendations of the applicable master plan.

ii.   The applicant must address any design guidelines approved by the Planning Board that implement the applicable master plan.

a.   The differently zoned areas must be contiguous;

b.   Uses and building types are governed by the zone;

c.   The site requirements in the optional method tables apply; density and open space must be calculated as if each area were developed individually; and

d.   The allowed number of units and required common open space may be located in any zone.

a.   A master plan specifically recommends cluster development with community water but not community sewer;

b.   The resulting development will be connected to community water; and

c.   The resulting development meets all of the requirements for individual sewerage systems in the most recent County comprehensive water supply and sewerage systems plan and Executive Regulation No. 5-79, as amended, on individual water supply and sewage disposal systems.

A.   the lot is located in an historic district designated on the Master Plan for Historic Preservation;

B.   the Planning Board finds in a site plan under Section 7.3.4 that the reductions serve the purpose of maintaining the historic development and building patterns as evidenced throughout the surrounding designated historic district; and

C.   the reduction is approved by the Historic Preservation Commission through the Historic Area Work Permit process Chapter 24 (24A-7).

a.   provides safe and adequate access;

b.   has sufficient width to accommodate the proposed dwelling units;

c.   will protect significant environmental features on- and off-site better than would a public road; and

d.   has proper drainage.