Harford County, MD Article V Supplementary Regulations

§ 267-22 Lots.

A. Separate lot requirements. Except as otherwise permitted by this Part 1, not more than 1 principal dwelling unit shall be permitted on any single lot. Establishment of a building with separate dwelling units for rental, cooperative or condominium purposes or as continuing care retirement community on a single lot shall not violate this requirement.

[Amended by Bill No. 14-1]

B. Division of building, parcel or lot. Division of existing buildings, parcels or lots shall not be permitted if the proposed division would create any buildings or lots that do not comply with the requirements of this Part 1.

C. Lot frontage requirements. Any building, structure or use fronting on a public or private road shall be located on a lot abutting the road for at least 25 feet, except as otherwise required by this Part 1. In attached dwelling projects, provided that all buildings are so located to provide access for servicing, fire protection and off-street parking, lots may front on open space, courts or group parking areas, and each such attached dwelling unit shall not be required to meet the road frontage standard.

D. Areas not satisfying lot area requirements. Those areas of a lot which lie in an existing or proposed road right-of-way, except alleys or designated open space, shall not qualify as part of the required minimum lot area. The area within the handle of a panhandle lot shall not be considered part of the required minimum area.

E. Minimum residential lot area with septic systems. The minimum residential lot areas provided in this Part 1 shall not reduce any other prescribed lot size or lot width if a more-restrictive requirement exists. The minimum lot areas shall be subject to any additional area required by regulations of the State Department of Health and Mental Hygiene or County law or regulation.

(1) Any residential lot created after September 1, 1982, to be served by an individual sewage disposal system outside the 10-year sewer service area, as shown on the County Master Water and Sewer Plan, shall have a minimum lot area of 40,000 square feet and a minimum lot width at the building line of 100 feet.

(2) Any residential lot created after September 1, 1982, to be served by an individual sewage disposal system within the 10-year sewer area, as shown on the County Master Water and Sewer Plan, shall have a minimum lot area of 20,000 square feet and a minimum lot width at the building line of 100 feet.

F. Panhandle-lot requirements. Panhandle lots shall be permitted for agricultural, residential and general industrial uses, to achieve better use of irregularly shaped parcels, to avoid development in areas with environmentally sensitive features or to minimize access to collector or arterial roads, subject to the following requirements:

[Amended by Bill Nos. 09-31; 13-50; 19-016]

(1) Except in Agricultural and Rural Residential Districts, with regard to any parcel, as it existed on September 1, 1982, not more than 1 lot or 10% of the lots intended for detached dwellings may be panhandle lots.

(2) The Director of Planning may grant a waiver to allow 20% of lots intended for detached dwellings to be panhandle lots where the topography, natural features, or geometry of the parcel make a greater percentage of panhandle lots necessary, subject to approval from the Director of Public Works that adequate water and sewer may be provided on the lots.

(3) One single panhandle lot shall be permitted in the General Industrial District, and said panhandle lot shall comply with the requirements set forth in subsection (5)(a) below.

(4) A common drive shall be constructed to serve any group of 4 or less panhandle lots. Driveways for all panhandle lots shall access from the common drive. Frontage lots may be required to share in the common drive.

(5) The minimum width of a panhandle lot shall meet the following criteria:

(a) Single panhandles: 25 feet.

(b) Multiple panhandles: 12 1/2 feet each.

(6) Where a common drive is required, the following shall apply:

(a) Prior to, or at the time of, recordation of a panhandle subdivision, the owner shall also record subdivision restrictions that shall provide for the construction, type, responsibility for the same, including all costs, and use and maintenance of the common drive, which shall be applicable to all lots subject to the common-drive plan. The subdivision restrictions shall be reviewed and approved by the Department of Law prior to recordation to ensure that all lots subject to the common-drive plan will be subject to the restrictions upon recordation thereof for inclusion in the deeds of conveyance.

(b) The Department of Planning and Zoning, with the advice of the Law Department, shall establish rules and regulations for the drafting of common-drive agreements.

(c) The County shall bear no responsibility for the installation or maintenance of the common drive.

(d) In all cases public water service shall end at the edge of public right-of-way. Public sewer service shall also end at the edge of public right-of-way, except in those cases where the panhandle lots must be served by a public main as determined by the Division of Water & Sewer.

G. Sanitary facilities shall comply with all state and County regulations for development on septic systems.

§ 267-23 Yards.

A. Front yard depth.

(1) The minimum front yard depth, as specified in this Part 1, shall be measured in the following manner:

(a) From the proposed or established public road right-of-way line;

(b) From any other right-of-way on a line 10 feet from and parallel to the edge of the hard-surfaced area or a line established as a private road right-of-way, whichever is greater; or

(c) In the case of a panhandle lot, from the end of the handle which is the greatest distance from the road right-of-way.

(2) For the purpose of establishing a setback line on existing County roads without established right-of-way lines, the setback shall be measured 30 feet from the center line.

(3) Average front yard. Where a structure is not parallel to the road, the minimum yard requirement may be met by averaging the yard width from one end of the structure to the other end, provided that the yard at the narrowest point is not less than 80% of the minimum yard required by this Part 1, not including the reductions permitted by this section.

(4) Corner and through lots.

(a) In the case of corner lots, a full front yard of the required depth will be provided off both front lines, except as otherwise permitted by this Part 1.

(b) In the case of through lots, front yards will be provided off all front lot lines, except as otherwise permitted in this Part 1.

(5) Yards along collector and arterial roads. In the event that residential lots abut 1 or more collector or arterial roads, the required front yard from the right-of-way of such roads shall be 40 feet from a collector road and 60 feet from an arterial road.

B. Side and rear yard depth.

(1) The minimum side and rear yard depths, as specified in this Part 1, shall be measured in the following manner:

(a) Perpendicularly from rear or side lot lines at the closest points to the proposed or existing structure.

(b) When measured from an alley, 1/2 of the alley width may be included as a portion of the rear or side yard.

(c) For any project without individual lots, the side and rear yards shall be measured along the boundaries of the parcel.

(2) Average side yard. The side yard width may be varied where the sidewall of a structure is not parallel with the side lot line. In such case, the average width of the side yard shall not be less than the otherwise-required minimum width; provided, however, that such side yard shall not be narrower at any point than 1/2 the otherwise-required minimum width or narrower than 3 feet in all cases, except lot-line dwellings. Any minor offset, broken or irregular part of a structure which is not in the same vertical plane as the portion of the sidewall of the structure nearest to the side lot line shall not be included in the computation of the average side yard width.

C. Exceptions and modifications to minimum yard requirements.

(1) Encroachment.

(a) The following structures may encroach into the minimum yard requirements, not to exceed the following dimensions:

[1] Awnings, canopies, cornices, eaves or other architectural features: 3 feet.

[2] Bay windows, balconies, chimneys or porches: 3 feet.

[3] Open fire escapes: 5 feet.

[4] Uncovered stairs or necessary landings: 6 feet.

[5] Fences and walls: in accordance with § 267-23 (Yards).

[6] Unenclosed patios, sunrooms and decks: up to, but not to exceed, 35% of the side or rear yard requirement for the district.

[7] Attached storage sheds may encroach 10 feet into the rear yard only. Such storage sheds shall not have internal access to the dwelling unit.

[8] Outdoor dining areas shall be permitted to encroach up to, but not to exceed, 50% of the side, rear or front yard setback requirement for the district. Seating for such outdoor dining areas shall not exceed 30% of the overall indoor seating, or 12 seats, whichever is greater.[1]

[Added by Bill No. 16-020; amended by Bill No. 19-016]

[1] Editor’s Note: A temporary moratorium on the application of this subsection as it relates to outdoor dining uses only for bars, breweries, nightclubs and restaurants was renewed by Bill No. 22-019. The provisions are waived, provided that all fire, life safety and Americans with Disability Act requirements are met. The temporary moratorium shall sunset 12-31-2023, unless renewed by legislative act.

[9] Electric vehicle charging stations shall be permitted to encroach up to, but not to exceed, 50% of the front, side or rear yard setback requirement for the district.

[Added by Bill No. 21-019]

(2) Reduced front yards. The minimum front yard requirements of this Part 1 may be reduced in accordance with the following:

[Amended by Bill No. 09-31]

(a) Open space or court. When dwelling units are designed to front on open space or a courtyard, rather than a parking area or road, the front yard setback, which is like a side yard, may be reduced up to 10 feet, provided that the dwelling units are adjacent to a local road and the open space or courtyard extends for the length of the structures and has a minimum building-to-building width of 40 feet.

(b) Group parking. When off-street group parking is provided for 3 or more dwelling units, and each dwelling unit is designed without a parking pad or garage, the front yard setback may be reduced up to 15 feet for single-family detached and up to 10 feet for all other dwelling units.

(c) Side garage or rear garage. When dwelling units are designed with a garage that completely faces the side or rear lot line, the front yard setback may be reduced up to 10 feet.

(3) Reduced side yards. Where a lot for each dwelling unit is established, the minimum side yard requirements of this Part 1 may be reduced not more than 30% when sidewalls of adjoining single-family attached or semidetached dwellings are offset by 50% or more.

(4) Utility distribution lines and facilities.

(a) The minimum yard and area requirements shall not apply to construction, reconstruction, conversion, erection, alteration, relocation, enlargement or installation of poles, wires, cables, conduits, transformers, controlled environmental vaults (CEV) and similar equipment by a:

[1] Gas and/or electric company regulated by the Maryland Public Service Commission; or

[2] Cable television company operating under a franchise granted by the County Council; or

[3] Water or sewer utility provider.

(b) A zoning certificate is not required for these uses.

§ 267-24 Exceptions and modifications to height requirements.

A. General exceptions. The building height limitations of this Part 1 shall not apply to the following:

(1) County buildings and structures, schools, houses of worship, hospitals or high-rise apartment dwellings, provided that the front, side and rear yards shall be increased not less than 1 foot for each 2 feet, by which said structure exceeds the height limitation established for the district, in which said structure is located.

(2) Fire or parapet walls, towers, steeples, flagpoles, radio and television antennas, public utility structures and silos.

(3) Bulkheads, fireplace chimneys, roof structures, penthouses, silos, water tanks, monitors and scenery lofts, ventilating fans or similar equipment required to operate and maintain the building, provided that no linear dimension of any structure exceeds 50% of the corresponding road lotline frontage, or towers and monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures where the manufacturing process requires a greater height, provided that all such structures which exceed the heights otherwise permitted in the district shall not occupy more than 25% of the area of the lot and shall be set back at least 50 feet from every lot line which is not a road right-of-way line.

B. Fences and walls. A zoning certificate is required for all fences and walls. Fences and walls may be located in required yards in accordance with the following:

(1) 

Front yards. For all residential units, walls and fences shall not exceed 4 feet in height above ground elevation. Where fences and walls are an integral part of the unit design or are applied in a consistent manner throughout the project, fences and walls may be constructed to a maximum of 6 feet above ground elevation. For continuing care retirement communities, consistent and coordinated fencing or walls may be constructed to a maximum of 8 feet above ground elevation provided strategically located gates are provided for emergency access.

(A) Multiple frontage residential lots. A fence may be installed within a required front yard on a double frontage lot or corner lot up to a maximum of 6 feet in height above ground elevation, provided it does not extend past the front facade of the dwelling.

[Added by Bill No. 17-004]

(B) Arterial roads. A fence may be installed within a required front yard along an arterial road up to a maximum of 6 feet in height above ground elevation, contingent upon approval by the County Department of Public Works or by the State Highway Administration, whichever is applicable.

[Added by Bill No. 17-004]

(2) Rear and side yards. Except as otherwise provided in this Part 1, walls and fences shall not exceed 8 feet in height above ground elevation. Tennis court fences shall not exceed 12 feet.

(3) Security fences. Security fences for business, industrial or institutional uses shall not exceed 10 feet in height above the elevation of the surface of the ground unless otherwise necessary to comply with buffer yard requirements.

§ 267-25 Requirements for deck accesses.

No residential unit shall be originally constructed with an aboveground level door that provides access to a rear yard deck or porch unless:

A. A deck or porch is constructed at the time the dwelling is constructed; or

B. The builder signs and submits, with the building permit application, a statement that the lot on which the dwelling is located has sufficient footage to permit, without the granting of a variance, construction of a deck or porch that has a minimum depth into the rear yard of 14 feet.

§ 267-26 Off-street parking and loading.

A. Generally.

(1) No structure shall be erected, substantially altered or have its use changed unless permanent off-street parking and loading spaces have been provided and maintained in accordance with the provisions of this section. The Board may authorize a modification of the parking space requirements if it should find that, in the particular case, the peculiar nature of the use or the exceptional shape or size of the property or other exceptional situation or condition would justify such modification.

(2) Parking and loading requirements based on floor area shall be determined by the total gross floor area of the use, excluding incidental storage, mechanical preparation areas and additional common areas such as corridors, stairwells and elevators.

(3) Parking and loading requirements per seat shall be determined by the number of individual seats, except as otherwise required. For purposes of bench-type seating, 20 inches shall be the equivalent of 1 seat.

(4) Parking requirements may be provided in attached or detached garages, in off-street parking lots or on parking pads on the lot. On residential lots, each required parking space shall have direct and unobstructed access to a road.

(5) Each required parking space shall measure 9 x 18 feet for a standard-sized vehicle. For calculating the minimum gross area for the required parking, driving aisle, general circulating and landscaping, 325 square feet per parking space shall be used.

(6) Business uses shall provide a minimum of 3 parking spaces.

(7) Accessory parking areas, driveways and private roads may be granted by the Board of Appeals in any district to serve a use located in another district, whether or not the use is permitted in the subject district, in accordance with the following conditions:

(a) The parking area, driveway or private road shall be accessory to, and for the use of, 1 or more agricultural, residential, business or industrial use located in an adjoining district.

(b) No charge shall be made for the parking or storage of vehicles on any parking lot approved pursuant to this provision.

(c) Any private road or driveway shall provide access to an approved private, County or state road.

(d) The number of parking spaces and total parking area approved in the subject district under this section shall not exceed 30% of the parking spaces and area required by this Part 1 for the permitted use.

B. Group parking requirements. When group parking is provided, the facility shall be designed as follows:

(1) Parking areas for business uses requiring more than 10 parking spaces, and all other uses requiring more than 20 parking spaces, shall be provided with a structured impervious surface and shall be so graded and drained as to dispose of surface water, and so arranged and marked as to provide for orderly and safe loading, unloading, parking and storage of motor vehicles.

(2) Parking areas shall be landscaped pursuant to § 267-29 (Landscaping).

(3) The parking area shall be set back a minimum of 10 feet from arterial road rights-of-way and 5 feet from other public road rights-of-way.

(4) Parking areas in excess of 10,000 square feet for business, industrial or institutional uses located less than 100 feet from any residential district shall require a Type "B" buffer yard pursuant to § 267-30 (Buffer yards).

(5) Any lighting used to illuminate a parking area shall be so designed to direct the light away from adjoining residential premises.

(6) Institutional parks containing outdoor passive or active recreational facilities with no permanent structures may utilize grass parking. The design of the grass parking areas shall be approved by the Director of Planning and Zoning and the Director of Public Works.

[Added by Bill No. 17-004]

C. Parking space requirements.

(1) Minimum parking spaces. Except as otherwise provided in this Part 1, the following off-street parking space requirements shall apply. In the case of any building, structure or use not specifically mentioned herein, the use that is most similar to the following enumerated uses shall provide the requirement.[1]

Type of Use		Off-Street Parking Spaces Required
Natural resources		As required
Residential:
	Single-family detached, semidetached, duplex, lot-line, patio/court/atrium, row duplex, multiplex, townhouses and mobile homes	2 per dwelling unit
Garden, mid- and high-rise apartments:
	Efficiency	1.25 per dwelling unit
	1-bedroom	1.50 per dwelling unit
	2-bedrooms or more	2 per dwelling unit
Home occupations, except medical professions		Additional parking, as needed shall be accommodated on site
Continuing care retirement community		1 per independent living unit plus 1 per 4 beds in assisted living and skilled care facilities plus 1 per employee (full-time equivalent) on largest shift
Transient housing:
	Boarding- and tourist houses	1 per sleeping room
	Hotels and motels	1 per sleeping room, and 1 per 2 persons permitted in banquet room and accessory use (bars, lounge, etc.) as determined by maximum capacity requirements set forth in the State Fire Code
	Camps, retreats and RV parks	1.5 per campsite
Nursing homes, assisted living facilities and personal care boarding homes		1 per 4 patient beds plus 1 per employee (full-time equivalent) on largest shift
Boarding home for sheltered care and group home for sheltered care		1 per 2 beds plus 1 per employee (full-time equivalent) on largest shift
Business:
	Banks and financial institutions	1 per 300 square feet of gross floor area, and 5 waiting spaces per drive-in lane
	Beauty and barber shops	1 per 100 square feet of gross floor area
	Convenience stores	1 per 150 square feet of gross floor space
	Nightclubs, lounges, bars and taverns	1 per 50 square feet of gross floor area, excluding food preparation and storage areas
	Funeral parlors and mortuaries	1 per 100 square feet of viewing area
	Grocery stores and supermarkets	1 per 200 square feet of gross floor area, excluding storage area
	Medical clinics and veterinary offices	6 per doctor
	Medical and dental offices	4 per doctor or dentist
	Motor vehicle sales and service	1 per 300 square feet of gross floor area, excluding storage area
	Professional offices, except medical and dental offices	1 per 300 square feet of gross floor area
	Personal services, except beauty and barber shops	1 per 200 square feet of gross floor area
	Retail stores	1 per 200 square feet of gross floor area
	Agricultural sales at roadside stands	1 per 250 square feet of sales area
	Shopping centers	1 per 250 square feet of gross leasable floor area
Recreation:
	Arenas and stadiums	1 per every 3 seats
	Bowling alleys	4 per lane, plus 1 per 150 square feet of gross floor area for accessory uses (lounge, snack bar, etc.)
	Community centers	1 per 250 square feet of gross floor area, plus 1 per each 4 assembly seats
	Golf driving ranges and miniature golf	1.25 per tee
	Golf courses	3 per hole
	Indoor/outdoor public swimming pools	1 per 75 square feet of gross water
	Indoor/outdoor shooting ranges (archery, trap, etc.)	1 per each booth or firing position
	Marinas	1.5 per berth, and 10% of the spaces shall be large enough for car with trailer if launching ramp is provided
	Noncompetitive recreational amusement cars	1.25 spaces per recreational car
	Private clubs	1 per 3 persons permitted under the State Fire Code
	Racquet- and handball courts	4 per court, plus 1 per 150 square feet of gross floor area for accessory uses
	Restaurants	1 per 3 patrons' seats or 1 per 200 square feet of gross floor area, excluding food preparation area, whichever is greater
	Skating rinks	1 per 300 square feet of gross floor area
	Theaters	1 per 3 patron seats
Institutional:
	Houses of worship and religious assemblies (indoor/outdoor)	1 per 3 seats. Up to 50% of the parking area can be pervious surface. Required parking spaces for schools and daycare facilities that are accessory to a house of worship are computed separately.
	Hospitals	1 per bed
	Libraries, museums, art galleries and observatories	1 per 250 square feet of gross floor area or 1 per 4 seats, whichever is greater
	Schools, elementary or intermediate	2 per classroom, plus 1 per 8 seats in assembly hall
	Schools, high	5 per classroom, plus 1 per 8 seats in assembly hall
	Colleges, universities and business trade or technical schools	1 per 3 students
	Day-care and nursery facilities	1 per 6 students, and 1 loading space
Industrial		On-site parking as necessary to accommodate traffic generated by the use and the largest employee shift

[1] Editor’s Note: A temporary moratorium on the application of this subsection as it relates to outdoor dining uses only for bars, breweries, nightclubs and restaurants was renewed by Bill No. 22-019. The provisions are waived, provided that all fire, life safety and Americans with Disability Act requirements are met. The temporary moratorium shall sunset 12-31-2023, unless renewed by legislative act.

(2) Maximum parking spaces. The maximum number of off-street parking spaces permitted shall not exceed 130% of the minimum number of spaces required. This restriction does not apply to:

(a) Spaces that are composed of a structured pervious surface; or

(b) Spaces above this limit where the Director of Planning finds that the additional spaces are required by unique site conditions or use.

D. Parking standard modifications. The off-street parking requirements for any given use shall be established as per § 267-26C (Parking space requirements) of the Harford County Zoning Code, as amended. The Director of Planning, with concurrence from the Director of the Department of Public Works, may:

(1) Authorize a modification of the parking space requirements if the Director determines that, in the particular case, the specific nature of the use or the exceptional shape or size of the property or other exceptional situations or conditions warrant such a modification. Such a modification shall not reduce the number of parking spaces to less than 80% of the required spaces.

(2) If pedestrian access, bicycle access and parking or linkages to mass transit are provided on site from the public right-of-way to the primary building, the required parking standards may be reduced by up to 10%. This reduction may be taken with the authorization of the Director of Planning. If nonresidential joint parking is provided in accordance with provisions established per § 267-26C (Parking space requirements), the required parking standards may be reduced up to 20%. This reduction may be utilized in addition to:

(a) Any parking reduction authorized through § 267-26D(1) (Parking standard modifications); and

(b) In the Chesapeake Science and Security Corridor, any parking reduction authorized through § 267-64 (Chesapeake Science and Security Corridor).

E. Shared parking provisions. A portion of the required parking may be provided on another property provided that:

[Amended by Bill No. 20-011]

(1) The underlying zoning of the other property permits parking for the principal use of the site being developed.

(2) There is adequate parking to meet the parking requirements for all uses served by the parking.

(3) The shared parking area is located less than 500 feet from the entrance of the primary building located on the site being developed. The distance may be increased to 2,000 feet in the CI, LI and GI Zoning Districts.

(4) The shared parking area is subject to a shared parking agreement made between current owners of the properties. The agreement shall be recorded in the land records of the County. The agreement shall be reviewed and approved by the County's Department of Law prior to recordation. All shared parking agreements must also contain a provision for maintenance of the parking area.

(5) The parking area must have safe vehicular and pedestrian access from the shared parking area to the subject property.

(6) The required parking area shall be paved with an impervious surface.

(7) Parking for residential uses shall be clearly designated.

F. Joint parking areas for nonresidential uses that do not conform to Subsection C are permitted, subject to the following:

(1) The operations sharing the joint use of parking areas shall not be opened or used during the same principal operating hours.

(2) The parties concerned with such joint use are subject to a written joint-use agreement.

G. Off-street loading.

(1) Any use which regularly receives deliveries or shipments must provide off-street loading facilities in accordance with the requirements specified below.

(2) Retail uses, industrial uses, warehouses, freight terminals and hospitals.

(a) Every retail establishment, industrial use, warehouse, freight terminal or hospital having a gross floor area of 6,000 square feet or more shall provide minimum off-street loading facilities as follows:

Gross Floor Area (square feet)	Number of Berths
6,000 to 24,999	1
25,000 to 79,999	2
80,000 to 127,999	3
128,000 to 197,999	4
198,000 to 255,999	5
256,000 to 319,999	6
320,000 to 391,999	7

(b) For each additional 72,000 square feet, or fraction thereof, of gross floor area, 1 additional berth shall be provided.

(3) Public assembly uses.

(a) Every public assembly use, such as auditoriums, convention halls, exhibition halls, stadiums or sports arenas, office buildings, welfare institutions, funeral homes, restaurants and hotels with a gross floor area of greater than 30,000 square feet shall provide off-street berths as follows:

Gross Floor Area (square feet)	Number of Berths
30,000 to 119,999	1
120,000 to 197,999	2
198,000 to 290,999	3
291,000 to 389,999	4
390,000 to 488,999	5
489,000 to 587,999	6
588,000 to 689,999	7

(b) For each additional 105,000 square feet, or fraction thereof, of gross floor area, 1 additional berth shall be provided.

(4) The minimum area for each off-street loading space, excluding area for maneuvering, shall be 250 square feet, measuring 10 x 25 feet with a vertical clearance of 14 feet.

(5) Loading spaces shall be designed so that no part of the vehicle shall extend into the right-of-way of a public road during the process of loading and unloading.

(6) Loading spaces shall be located at least 50 feet from any residential district, unless the loading space is totally enclosed within a building or buffered by a hedge, wall or solid board fence at least 6 feet in height.

§ 267-27 Accessory uses and structures.

[Amended by Bill Nos. 09-19; 12-44; 13-51; 14-1; 21-019; 22-014; 23-010; 24-036]

A. Generally. Except as otherwise restricted by this Part 1, customary accessory structures and uses shall be permitted in any district in connection with the principal permitted use within such district. Private roads and driveways shall be permitted in any district as an accessory use to any principal use when located in the same district as the principal use.

B. Zoning certificate required. All accessory uses and structures, whether or not specified in this section, require the issuance of a zoning certificate.

C. Use limitations. In addition to the other requirements of this Part 1, an accessory use or structure shall not be permitted unless it strictly complies with the following:

(1) In the AG, RR, R1, R2, R3, R4 and VR Districts, an accessory structure shall neither exceed 50% of the total square footage of the principal structure or 1,000 square feet, whichever is greater. The height of the accessory structure shall not exceed the height of the principal structure. For properties greater than 5 acres in the AG District, an accessory structure shall not exceed 50% of the total square footage of the principal structure or 2,500 square feet, whichever is greater. For properties greater than 5 acres in the AG District, the height of an accessory structure shall not exceed 115% of the height of the principal structure.

(2) No accessory structure shall be used for living quarters, the storage of contractors' equipment or the conducting of any business unless otherwise provided in this Part 1.

(3) No accessory use or structure shall be established on any lot prior to substantial completion of the construction of the principal structure.

(4) No accessory use or structure on any lot shall increase any impervious surface area beyond the maximum permitted.

(5) No accessory use or structure shall be established within the required front yard, except agriculture, signs, fences, walls or parking area and projections or garages or electric vehicle charging stations as specified in § 267-23 (Yards), and modifications to minimum yard requirements.

(6) Uses and structures.

(a) For agricultural lots, detached accessory structures must be located:

[1] A minimum of 10 feet from the side or rear lot lines, unless the lot has a recorded drainage and utility easement or any other recorded easement.

[2] For lots with recorded drainage and utility easements, the owner must obtain a building permit or zoning certificate to locate any detached accessory structure within the recorded drainage and utility easement pursuant to § 267-27C(8); otherwise, the setback shall be equal to the width of the recorded drainage and utility easement or 10 feet, whichever is greater.

[3] For lots with any other recorded easement, accessory structures shall not be permitted within the easement and the setback shall be equal to the width of the recorded easement or 10 feet, whichever is greater.

(b) For residential lots, accessory structures will be considered attached if they are within 3 feet of the principal structure and must meet the principal structure setback requirements. For residential lots, detached accessory structures shall be located:

[1] A minimum of 3 feet from side or rear yard lot lines, unless the lot has a recorded drainage and utility easement or any other recorded easement.

[2] For lots with recorded drainage and utility easements, the owner must obtain a building permit or zoning certificate to locate any detached accessory structure within the recorded drainage and utility easement pursuant to § 267-27C(8); otherwise, the setback shall be equal to the width of the recorded drainage and utility easement or 3 feet, whichever is greater.

[3] For lots with any other recorded easement, accessory structures shall not be permitted within the easement and the setback shall be equal to the width of the recorded easement or 3 feet, whichever is greater.

(c) For townhouses and zero-lot-line dwellings, detached accessory structures shall be located:

[1] Zero feet from side or rear yard lot lines, unless the lot has a recorded drainage and utility easement or any other recorded easement.

[2] For lots with recorded drainage and utility easements, the owner must obtain a building permit or zoning certificate to locate any detached accessory structure within the recorded drainage and utility easement pursuant to § 267-27C(8); otherwise, the setback shall be equal to the width of the recorded drainage and utility easement.

[3] For lots with any other recorded easement, accessory structures shall not be permitted within the easement and the setback shall be equal to the width of the recorded easement.

(d) The front, side and rear yard setback for accessory uses and structures for business, industrial and continuing care retirement community uses shall be equal to the same setbacks required for the principal structure.

(e) For institutional uses, the front, side and rear yard setback for accessory uses and structures shall be equal to the same setbacks required for the principal structure. This requirement may be reduced up to 50% for accessory structures less than 300 square feet, located in the side and rear yard.

(f) Retaining walls, 4 feet or greater in height, shall require a zoning certificate.

(7) Septic reserve areas may be permitted in any district to serve a use permitted and located in another district if the property is split-zoned and under the same ownership. These uses may also be permitted in a use setback. Stormwater management facilities may be permitted in any district to serve a use permitted and located in another district.

(8) Fences shall be permitted in any recorded drainage and utility easement. The placement of all other accessory uses shall be allowed in any recorded drainage and utility easement, pursuant to the following:

(a) The accessory use or structure shall meet the setback and square footage requirements contained in § 267-27C (Use limitations);

(b) The Department of Public Works shall approve the location;

(c) The accessory structure shall meet the applicable requirements of this section; and

(d) The applicant shall sign a hold harmless form, provided by the County.

(9) Small wind energy systems. In order to properly integrate all regulating provisions affecting small wind energy systems, as defined in § 267-4, and to regulate such systems in an orderly and comprehensive manner, it is hereby provided that small wind energy systems are subject to the regulations as set forth herein. The purpose of this subsection is to oversee the permitting of small wind energy systems and to preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of a small wind energy system. These provisions shall apply to all small wind energy systems located in Harford County.

(a) Standards. A small wind energy system shall be an accessory use in all zoning districts subject to the following requirements:

[1] Setbacks. A wind tower for a small wind energy system shall be set back a distance equal to its total height plus an additional 40 feet from:

[a] Any state or County right-of-way or the nearest edge of a state or County roadway, whichever is closer;

[b] Any duly recorded right-of-way, utility or stormwater management easement;

[c] Any overhead utility lines;

[d] All property lines; and

[e] Any existing guy wire, anchor or small wind energy tower on the property.

[2] Access.

[a] All ground mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

[b] The wind tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of 8 feet above the ground.

[3] Electrical wires. All electrical wires associated with a small wind energy system, other than wires necessary to connect the wind generator to the wind tower wiring, the wind tower wiring to the disconnect junction box and the grounding wires shall be located underground.

[4] Lighting. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration (FAA). Lighting of other parts of the small wind energy systems, such as appurtenant structures, shall be limited to that required for safety purposes and shall be reasonably shielded from abutting properties.

[5] Appearance, color and finish. The wind generator and wind tower shall remain painted or finished the color grey.

[6] Signs. The only signage permitted on any small wind energy system shall be a single sign no larger than 6 square feet affixed to the equipment building or fence enclosure that states "Danger — High Voltage — Keep Off" and identifies the system owner and the telephone number for the person to contact in the event of an emergency.

[7] Code compliance. A small wind energy system, including wind tower, shall comply with all applicable construction and electrical codes.

[8] MET towers shall be permitted under the same standards, permit requirements, restoration requirements and permit procedures as a small wind energy system.

[9] Total height shall be the vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point.

(b) Abandonment.

[1] Every 2 years the owner of a small wind energy system shall submit a letter to the Department stating that the system is in continuous use; and at least 60 calendar days before the letter is due, the Department shall notify the owner of the date by which the letter is due.

[2] A small wind energy system that is out-of-service for a continuous 12-month period will be deemed to have been abandoned. The Director may issue a notice of abandonment to the owner of a small wind energy system that is deemed to have been abandoned. The owner shall have the right to respond in writing to the notice of abandonment setting forth the reasons for operational difficulty and providing a reasonable timetable for corrective action, within 30 days from the date of notice. The Director shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the wind energy system has not been abandoned.

[3] If the small wind energy system is determined to be abandoned, the owner of a small wind energy system shall remove the system at the owner's sole expense within 3 months of the date of notice of abandonment. If the owner fails to remove the system, the Director may pursue a legal action to have the system removed at the owner's expense.

[4] The owner shall ensure removal of the system by posting an acceptable monetary guarantee with the County on forms provided by the office of the Director. The guarantee shall be submitted prior to the issuance of a building permit and shall be for an amount equal to a cost estimate approved by the Director for the removal of the system, plus a 15% contingency.

(c) Public Service Commission. In accordance with the Maryland Annotated Code, Public Utilities Companies, § 7-207.1, any property owner seeking to construct a small wind energy system shall apply to the Public Service Commission (PSC) for approval and provide documentation of such approval to the County prior to construction and being issued a building permit, if applicable.

(d) Variances. Variances to the setback requirements in this subsection are not permitted.

(e) Noise. All small wind energy systems shall comply with the state-regulated Noise Ordinance.

(f) Anemometers. If 8 pounds or less, the anemometers are exempt from the provisions of this Subsection C(9).

(g) Maximum number. One small wind energy system shall be allowed on each parcel up to 20 acres; an additional system shall be allowed on every 20 acres thereafter up to a maximum of 5 small wind energy systems per parcel.

(h) Rated nameplate capacity. A small wind energy system that has a rated nameplate capacity of 2.5 kilowatts or less shall comply only with Subsections C(9)(A)[1], (9)(B)[1], (9)(B)[2] and (9)(B)[3].

(i) Roof mounted wind turbines are permitted to be mounted or attached to a building roof subject to the following regulations:

[1] All components of the roof mounted wind turbine shall meet the required setback for the principal structure on which it is located.

[2] The roof mounted wind turbine shall only be permitted on single family detached dwellings and commercial buildings and shall not be permitted on any accessory structure.

[3] The height shall not project more than 8 feet from the roof surface. The total height is the vertical distance from the roof surface to the top of a wind generator blade when the tip is at its highest point.

[4] The roof mounted wind turbine and its mounting structure shall be painted or finished in the color grey.

[5] Roof mounted wind turbines shall not be permitted on any historic landmark listed on the Harford County Historic Landmark List set forth in § 267-112, or listed on the National Register of Historic Places.

(10) Electric vehicle charging stations. All equipment shall be ground mounted, and carports or any other vehicle coverings shall not be permitted to encroach into the setback. Such stations shall be labeled for this use with signage that shall not exceed 12 inches by 18 inches.

D. Accessory uses in agricultural and residential districts. The following accessory uses shall be permitted in agricultural and residential districts upon issuance of a zoning certificate, unless otherwise specified, in accordance with the following:

(1) Pens or runs for animals shall not be located within 50 feet of any adjacent residential lot line. Kennels shall be permitted only as special exceptions.

(2) Recreation facilities, such as swimming pools and tennis courts, if the facilities are used by the occupants, or guests of the principal use, and no admission or membership fees are charged, provided that the edge of the facility, including all mechanical equipment, shall be located at least 10 feet from any side or rear lot line. For community pools and tennis courts, the edge of the facility shall be located not less than 50 feet from any residential unit or side and rear lot line.

(3) Storage in any structure on a residential lot.

(4) Home occupations or professional offices. Home occupations or professional offices within the home may be permitted in accordance with the following criteria, modification of which can be granted only through Board of Appeals approval:

(a) The home occupation must be clearly incidental and subordinate to the residential use and shall not exceed in area 25% of the gross floor space of the principal building.

(b) The home occupation shall be conducted within the dwelling unit or accessory structure, and no outdoor display or storage of materials, goods, supplies or equipment used in the home occupation shall be permitted on the premises.

(c) The residential character of the dwelling unit shall not be altered to accommodate a home occupation.

(d) Not more than 1 person, or 2 persons for medical offices, other than members of the immediate family residing in the dwelling unit, may be employed in the home occupation. The total of all employees, inclusive of family members, shall not exceed 3. No home occupation shall be open to the public between 9:00 p.m. and 8:00 a.m.

(e) No home occupation shall generate greater traffic volumes, or increased traffic hazards, than would normally be expected in a residential district.

(f) No retail sales, other than for goods produced on the premises, shall be conducted on the premises.

(g) Additional off-street parking required for the home occupation shall be provided in the side or rear yard of the lot and shall be buffered from adjacent public roads and residential lots.

(h) No goods, materials or supplies shall be delivered by commercial vehicles, either to or from the premises, in connection with the home occupation, except by the United States Postal Service or a delivery service.

(i) Notwithstanding the above, home occupations shall not include automobile repair; selling of bait, crabs or fish; construction businesses; dancing or karate schools; funeral homes; kennels; medical clinics; petroleum storage or delivery businesses; printing businesses; private clubs; radio stations; restaurants; or variety or gift stores.

(5) Agricultural tenant house, including mobile homes, for bonafide farm workers when not more than 1 such structure is provided on parcels of 11 to 50 acres, and not more than 1 additional tenant house per 50 acres thereafter.

(6) Private horse stables, provided that any stables, corrals, feeding and bedding areas for horses shall be located at least 50 feet from any public road or lot lines.

(7) Agricultural retail grown on site, provided that the parcel has sufficient road frontage to ensure safe ingress and egress. Any permanent or temporary structure shall meet the minimum front, rear and side yard requirements for a single-family home in the district. Entrances and exits to the required parking area shall be at least 50 feet from any intersection on a local road and 100 feet from all other road intersections.

(8) Recreational vehicles and equipment shall be stored in the rear yard or in the side yard if completely buffered from any adjacent residence and the side yard setback of the district for the principal use is maintained. No living or sleeping in or other occupancy of a recreational vehicle, camper or trailer shall be permitted for more than 7 calendar days within any 90-day period unless the location has been approved for such use. No zoning certificate is required.

(9) Vehicles used for commercial purposes which do not meet the definition of commercial vehicle as defined in Section 267-4 (Definitions) may be allowed in residential and agricultural districts on the basis of 1 vehicle for each lot. No zoning certificate is required.

(10) One inoperative or untagged motor vehicle may be parked or stored for a continuous period of no more than 6 months on any lot of less than 2 acres. Two inoperative or untagged motor vehicles may be parked or stored for a continuous period of no more than 6 months on any lot of 2 acres or more. This requirement does not apply to bonafide agricultural equipment or vehicles stored within a completely enclosed building.

(11) A day-care center operated in a church, private school or public school.

(12) Mulch storage and sales as an accessory use to commercial greenhouses and nurseries in the AG District, provided that:

(a) A separate zoning certificate is not required;

(b) The sale of mulch accounts for less than 20% of the annual gross sales receipts of the greenhouse or nursery;

(c) Outdoor storage of mulch is limited to:

[1] A maximum area of 1 acre or 10% of the total lot area, whichever is less; and

[2] A maximum height of 10 feet;

(d) If the Department determines that there is reason to believe that the mulch sales and storage are of such an extent as to constitute more than an accessory use, the owner of the property shall provide, within 14 calendar days after receiving written notice from the Department, evidence that the percentage requirement is not being violated. If such evidence is not provided, the Department shall proceed with the appropriate enforcement action;

(e) In accordance with the state law on Access to Public Records, § 10-611 et seq. of the State Government Article, the Department shall treat the gross sales receipts information it obtains as confidential financial information, and shall not permit public inspection of the information; and

(f) If a mulch storage and sales operation, conducted as an accessory use to a commercial greenhouse or nursery, does not meet the requirements of Items (b) or (c) of this Paragraph (12), the operation shall be considered the principal use of the property, and shall be subject to the requirements applicable to a mulch storage and sales operation conducted as a principal use.

(13) Homestead chickens, excluding roosters, shall be permitted in accordance with the following criteria:

(a) Lot requirements:

[1] A minimum of 1 acre is required for the keeping of homestead chickens.

[2] A 50 foot setback from adjacent residential lot lines is required for any coop, run, pen, and free-range area.

(b) Zoning certificate requirements:

[1] An issued zoning certificate shall be required prior to the installation of any coop, run, pen, free-range area and fence.

[2] A State of Maryland Department of Agriculture poultry registration shall be submitted with the zoning certificate application.

(c) Any lot where a homestead chicken is kept shall have a coop.

(d) Each coop shall have four walls and a roof, be ventilated, constructed to have flooring and have at least three square feet per the number of homestead chickens kept on the lot.

(e) All runs and free-range areas shall be fenced in such a manner as to prevent any homestead chicken from escaping.

(f) A maximum of 10 homestead chickens shall be permitted on lots less than 2 acres.

E. Accessory uses permitted in business and industrial districts. The following accessory uses shall be permitted in the business and industrial districts upon issuance of a zoning certificate, unless otherwise specified, in accordance with the following:

(1) Incidental repair facilities and outside storage of goods normally carried in stock, used in, or produced by, the business or industrial use, provided that no storage is within 10 feet of any side or rear lot line, all storage is effectively buffered from any adjacent residential use or district and such use is not prohibited under the applicable district regulations of this Part 1.

(2) A dwelling unit, including a mobile home, for a caretaker or watchman shall be permitted, provided that:

(a) Not more than 1 dwelling unit is provided for security or protection of the principal use.

(b) The requirements for the dwelling unit shall not differ from those imposed by this Part 1 for a housing unit of the same or similar type as a principal permitted use.

(3) Retail sales in industrial districts shall be permitted, provided that the goods sold are manufactured or produced on the site.

(4) Mulch storage and sales as an accessory use to commercial greenhouses and nurseries in the VB and GI Districts, provided that:

(a) A separate zoning certificate is not required;

(b) The sale of mulch accounts for less than 20% of the annual gross sales receipts of the greenhouse or nursery;

(c) Outdoor storage of mulch is limited to:

[1] A maximum area of 1 acre or 10% of the total lot area, whichever is less; and

[2] A maximum height of 10 feet;

(d) If the Department determines that there is reason to believe that the mulch sales and storage are of such an extent as to constitute more than an accessory use, the owner of the property shall provide, within 14 calendar days after receiving written notice from the Department, evidence that the percentage requirement is not being violated. If such evidence is not provided, the Department shall proceed with the appropriate enforcement action;

(e) In accordance with the state law on Access to Public Records, § 10-611 et seq. of the State Government Article, the Department shall treat the gross sales receipts information it obtains as confidential financial information and shall not permit public inspection of the information; and

(f) If a mulch storage and sales operation, conducted as an accessory use to a commercial greenhouse or nursery, does not meet the requirements of Items (b) or (c) of this Paragraph (4), the operation shall be considered the principal use of the property, and shall be subject to the requirements applicable to a mulch storage and sales operation conducted as a principal use.

F. Exemptions. Day-care homes, family are exempt from the provisions of this section and shall not require a zoning certificate.

§ 267-28 Temporary uses. [1]

Temporary uses shall be permitted, subject to the following:

A. Zoning certificate. Temporary uses in this section require the issuance of a zoning certificate unless otherwise specified.

B. Specific temporary uses. The temporary uses described below shall be subject to the following:

(1) A carnival, circus or individual public event, excluding religious activities, if permitted within the district, shall be allowed for a maximum period of 45 consecutive calendar days, provided that no structure or equipment shall be located within 200 feet of any residential district. Any request for a carnival, circus or individual public event shall be made at least 15 calendar days before the carnival, circus or individual public event. Should an applicant fail to make a request 15 calendar days prior to the event, the Department may accept the application and issue a zoning certificate; however, the applicant is deemed to have waived the right to notice and a hearing. When a carnival, circus or public event, excluding religious activities, accommodates more than 300 people, it shall be subject to the following additional requirements:

[Amended by Bill Nos. 12-07; 18-004]

(a) The zoning certificate shall specify the use, dates and hours of operation of the event. Hours of operation are only permitted between 6:00 a.m. and 11:00 p.m.

(b) Adequate arrangements for temporary sanitary facilities must be approved by the State or County Department of Health and Mental Hygiene.

(c) No permanent or temporary lighting shall be installed without an electrical permit.

(d) The site shall be cleared of all debris at the end of the event and cleared of all temporary structures within 3 calendar days thereafter. A bond in the amount of $500.00, or a signed contract with a disposal firm, shall be provided to ensure that the premises shall be cleared of all debris.

(e) Adequate off-street parking shall be provided, and a stabilized drive to the parking area shall be maintained.

(f) It shall be the responsibility of the applicant to guide traffic to parking areas. The applicant shall notify the local enforcement authority and shall provide adequate traffic control.

(g) The applicant shall notify the local fire and emergency personnel to determine and identify any emergency response requirements.

(h) Temporary use shall not be permitted for a public event at a property where 3 or more arrests, based on violations of the Maryland Controlled Dangerous Substances Act, that have occurred at one public event held on that property. Temporary use shall not be permitted for a period not to exceed 1 year from the date of the public event at which the violations occurred. The notice and hearing provisions of § 267-8 (Zoning certificates) shall also apply to the denial of a zoning certificate for a public event pursuant to this subsection provided that the applicant submitted the request for the zoning certificate 15 calendar days prior to the event.

(2) Christmas tree displays and sales for nonprofit organizations shall be permitted in any district for a maximum period of 45 calendar days.

(3) Contractor's office and construction equipment sheds or accommodations for security shall be permitted in any district if the use is incidental to a construction project. A zoning certificate is not required for these uses; however, a minimum setback of 10 feet from all property lines is required. The office or shed shall be removed upon completion of the project.

(4) A real estate sales office shall be permitted in any district for rental or sale of dwellings in the project. The office shall be removed upon initial sales of all units. A rental office may be permanently maintained in a rental project.

(5) Agricultural retail shall be permitted on a seasonal basis, provided that the parcel used for agricultural purposes has sufficient road frontage to ensure safe ingress and egress. Sales area, including produce stands, shall be set back a minimum of 20 feet from the nearest public road right-of-way. Entrances and exits to the required parking area shall be at least 50 feet from any intersection on a local road and 100 feet from all other road intersections.

(6) When fire or natural disaster has rendered a residence unfit for human habitation, the temporary use of a mobile home, located on the lot during rehabilitation of the original residence, or construction of a new residence, is permitted for a period of 12 months, if water and sanitary facilities approved by the State Department of Health and Mental Hygiene are provided. The Director of Planning may extend the permit an additional 60 calendar days. Further extensions thereof shall require Board approval. The mobile home shall be removed from the property upon completion of the new or rehabilitated residence.

(7) Hawkers and peddlers sales shall be permitted in the VB, B2, B3 and CI Districts, subject to the following additional requirements:

(a) The zoning certificate shall specify the type of use and the dates of the sale. The zoning certificate shall be valid for a period of 1 year, at which time, the applicant may apply for another zoning certificate upon complying with the provisions of this section.

(b) Only temporary lighting shall be permitted.

(c) The site shall be cleared of all debris at the end of the sale and cleared of all temporary structures within 3 calendar days thereafter.

(d) The parcel used for the proposed use shall have sufficient road frontage to ensure safe ingress and egress.

(e) Sales and display areas shall be set back a minimum of 35 feet from the center line of the road or 10 feet from the public road right-of-way, whichever is greater.

(f) The proposed use shall not:

[1] Generate greater traffic volumes or increased traffic hazards than normally would be expected in the district.

[2] Be detrimental to the use or development of adjacent properties or neighborhoods.

(g) Sales on any 1 parcel shall not be conducted for more than 185 calendar days in any 1 year.

(h) Issuance of certificates.

[1] At the time the applicant applies for a zoning certificate, the applicant shall provide the Director of Planning with the following information:

[a] The location of the parcel or parcels where the sale or sales are to be located.

[b] Written permission from the property owner or the lawful tenant of the parcel or parcels where the sale or sales are to be located, giving approval for the use.

[c] A copy of the license issued by the state.

[2] A zoning certificate issued by the Director of Planning shall cover all parcels where the sale or sales are to be located.

(i) The provisions of this subsection shall not apply to any exemption as provided for by state law and shall not include the sale by a farmer of any produce grown on, and sold from, the farmer's property.

(j) No hawker or peddler shall operate from a vehicle which has a manufacturer's rated capacity greater than 7,000 lbs.

[Amended by Bill No. 12-44]

(k) The provisions of this subsection shall not be construed to relieve any hawker or peddler from any law, rule, regulation or resolution enacted by the State of Maryland.

(8) Accessory dwelling units (ADU).

[Amended by Bill No. 14-1; Bill No. 17-004; Bill No. 19-029]

(a) Purpose. The purpose of the accessory dwelling unit is to allow a relative to live in an accessory dwelling unit within a family member's principal dwelling unit.

(b) One ADU is permitted on a single lot in the AG, RR, R1, R2, R3, R4, RO and VR Districts, provided that:

[1] The ADU shall be physically attached to or located within a single-family detached dwelling unit on the lot.

[2] If the ADU is located within a new addition to the existing single-family detached dwelling unit, any addition shall conform to all applicable Zoning and Building Code requirements.

[3] If the ADU results in any renovations to the existing single-family detached dwelling unit, any renovations shall conform to all applicable Zoning and Building Code requirements.

[4] The ADU shall be at least 300 square feet in size but shall not exceed the lesser of 1,500 square feet or 50% of the total habitable space of the existing single-family detached dwelling unit.

[5] The ADU shall not contain more than 2 bedrooms.

[6] The ADU shall be separated from the single-family detached dwelling unit by means of a wall or a floor, with an interior door between the accessory dwelling unit and the principal single-family detached dwelling unit.

[7] The ADU shall contain cooking, living, sanitary and sleeping facilities that are physically separated from the principal single-family detached dwelling unit.

(c) The property owner shall occupy, as his or her legal permanent residence, either the principal single-family detached dwelling unit or the accessory dwelling unit, and the other dwelling unit shall be occupied by the relative.

(d) The ADU shall have the same street address as the principal single-family detached dwelling unit.

(e) The property owner shall submit the following upon application for a zoning certificate:

[1] A signed copy of the ADU agreement of understanding; and

[2] A copy of the property deed.

(f) When the property owner satisfies the requirements of this subsection, the Department shall issue a zoning certificate to the property owner.

(g) In the event of a conveyance of the principal single-family detached dwelling unit to any person other than the current owner, a new zoning certificate issued pursuant to the requirements of this subsection is necessary to continue the use of the accessory dwelling unit by the new owner and his or her relatives.

(h) The zoning certificate for the ADU shall be deemed null and void if:

[1] The property is transferred, conveyed or assigned; or

[2] The accessory dwelling unit is no longer being occupied by an individual identified in this subsection; or

[3] The property owner no longer occupies either the primary single-family detached dwelling or the accessory dwelling unit; or

[4] A violation of any provision of this subsection.

(i) Issuance of a zoning certificate for an accessory dwelling unit under this subsection is not grounds for, or evidence of, a hardship for purposes of a variance under § 267-11 (Variances) herein.

[1] Editor’s Note: A temporary moratorium on the application of this section as it relates to outdoor dining uses only for bars, breweries, nightclubs and restaurants was renewed by Bill No. 22-019. The provisions are waived, provided that all fire, life safety and Americans with Disability Act requirements are met. The temporary moratorium shall sunset 12-31-2023, unless renewed by legislative act.

§ 267-29 Landscaping.

A. Purpose. The purpose of the landscaping regulations are to:

(1) Enhance the physical environment of Harford County for the enjoyment and economic benefit of its citizens.

(2) Provide guidelines which allow functional, aesthetically pleasing and cost effective landscape design solutions.

(3) Improve environmental quality through landscape standards that preserve and renew vegetation resources and are in accordance with the forest and tree conservation regulations in Article VI.

(4) Preserve and protect existing vegetation by conserving native plant communities and retaining healthy vegetation when practical and possible.

(5) Enhance community design by using landscaping to tie communities together, buffer incompatible uses, creating seasonal interest through a variety of landscaping materials and using public and private spaces, walkway embellishments and open spaces.

(6) Enhance gateways into the County.

(7) Avoid conflicts with utilities and intersection sight lines and provide consistency with the Maryland Roadside Tree Law.

(8) Provide landscaping that is consistent with the standards for crime prevention through environmental design.

B. Applicability.

(1) This section applies to any of the following, except where exempted below.

(a) The construction or erection of any new nonresidential building or structure for which a building permit or zoning certificate is required.

(b) Any enlargement exceeding 1,000 square feet or 10% of the total floor area, whichever is greater, of the exterior dimensions of an existing nonresidential building for which a building permit or zoning certificate is required.

(c) Any construction of a new parking lot or expansion of an existing parking lot by more than 10,000 square feet or 20% in area, whichever is greater.

(d) The subdivision of any property that creates more than 5 residential units from the original parcel.

(2) Exemptions.

(a) Buildings associated with an agricultural operation, located on property assessed agricultural, including farmhouses, barns and silos.

(b) Residential accessory structures except as required in § 267-63 (Chesapeake Bay Critical Area Overlay District).

C. General requirements. The following shall apply to all provisions of the landscaping regulations.

(1) Type. Plant materials shall be selected from the Harford County plant list, which is maintained by the Department of Planning and Zoning. The plant list is hereby incorporated by reference, as if set forth in its entirety herein. All modifications shall be approved by the Director of Planning.

(2) Condition.

(a) Plants shall be healthy, vigorous, well rooted and free of defects, decay, disease or infestations. After implementation, all required plant material shall be maintained by the property owner. All dead, dying or diseased plant material shall be replaced by the property owner.

(b) Unless other requirements of this section are greater, all trees shall be mulched according to industry standards.

D. Protection standards for existing vegetation.

(1) Existing and proposed vegetation shall be protected during construction, pursuant to the specifications stated in the Harford County Forest Cover Conservation and Replacement Manual, which is hereby incorporated by reference as if set forth in its entirety herein.

(2) Existing vegetation shall be preserved to the maximum extent practical and possible. Preserved plants shall count on a 1:1 basis for required plants, if they meet applicable size and location requirements. Alternatives, including transplanting existing vegetation, are permissible to the extent that they comply with these landscaping regulations. Applicants may receive credit for preserving vegetation if the following requirements are met:

(a) No grade modification or root disturbance is allowed within the dripline of the trees to be maintained;

(b) The landscape plan shall identify the protection area and method of protection for retained trees. The minimum radius of protection area shall be determined by multiplying the tree diameter at breast height in inches by 1 foot or by delineation of the dripline of the tree, whichever is greater.

(3) Trees shall be preserved as groups or blocks unless they have already grown and developed as individuals. Trees saved in compliance with these landscaping regulations shall be open grown with well-developed crowns. Preservation of individual trees from a community of plants shall not be permitted if these trees are unlikely to survive in the long run.

(4) Prior to landscape plan approval, the applicant shall sign a statement stating protective measures to be taken, and an agreement to replace trees, should any removal or death occur during and/or after construction. Any vegetation removed before, during or after construction shall be replaced with newly planted vegetation which meets the minimum requirements outlined in this section.

E. Minimum standards for landscaping design and development.

(1) All landscaped areas shall be finished with a natural groundcover or other material, approved by the Director of Planning.

(2) Building foundations, fences and walls shall be landscaped in appropriate locations to provide visual relief, as determined by the Director of Planning.

(3) Landscaping within easements for public water, sewer or stormdrains is not permitted unless approved by the Director of Public Works.

(4) No trees shall be planted under overhead service wires if their mature height will interfere with the wires.

F. Minimum plant and ground cover specifications.

(1) Required new tree plantings shall conform to the following minimum standards with caliper measurements at time of planting:

(a) Large street trees shall measure a minimum of 1 1/2 to 2 inch caliper;

(b) Medium street trees shall measure a minimum of 1 to 1 1/2 inch caliper;

(c) Trees in the buffer yard shall be a minimum of 4 1/2 to 6 feet in height.

(2) Required new streetscape shrubs shall be container grown in not less than 3 gallon containers, and shall not be pruned to less than 24 inches in height.

(3) Shrubs shall be container grown in not less than 3 gallon containers, and shall not be pruned to less than 5 feet in height.

(4) Organic ground covers shall be a minimum 1 gallon size upon installation.

(5) All plant material shall meet the minimum standards contained in the most recent edition of the Harford County Plant List as to size, condition and appearance.

(6) Trees and shrubs shall be adequately supported when planted.

G. Street trees.

(1) Street trees are required upon road frontages in new residential and nonresidential developments, pursuant to the following requirements:

(a) One large street tree for every 40 linear feet (measured on the center line) of interior road or 1 medium street tree for every 30 linear feet of interior road.

(b) In general, trees shall be spaced at regular intervals, without regard to property lines, in order to present a balanced appearance. In lieu of the requirements above, the Director of Planning may authorize a clustering of trees to accommodate scenic vistas, existing character and access drives. The number of trees shall be the same as would be necessary to accommodate an evenly spaced pattern.

(2) Street trees shall be located pursuant to the following requirements:

(a) Street trees shall be located to minimize adverse impacts on safety and visibility requirements. Street trees shall not restrict sight lines at intersections, nor restrict the approach view of any traffic or road sign or device. The Director of Planning may waive requirements for street trees if their placement would have an adverse impact on safety requirements. Street trees may be permitted in the right-of-way if approved by the Director of Planning with concurrence from the Director of Public Works.

(b) Trees are not permitted within 10 feet of public utilities.

(c) Where maintenance easements are established, the homeowner or homeowner's association shall be required to provide for the maintenance of the street trees.

H. Parking lots shall be landscaped pursuant to the following requirements.

(1) General requirements.

(a) Landscape areas shall divide the parking spaces so as to relieve the monotony of large expanses of paving and contribute to the efficient circulation of traffic.

(b) Expansions of existing parking lots that do not meet landscaping requirements shall provide landscaping consistent with the requirements of this section for the expansion area only.

(c) There shall be 1 shade tree per 10 surface parking spaces.

(d) Trees for parking lots shall be species selections identified in the Harford County Plant List. Trees that drip sap or drop large seeds or blossoms onto parked vehicles shall not be used.

(e) Corner clearance and sightlines shall be observed regarding all landscaping or buffers.

(f) Wherever practical, the parking islands shall be designated to also serve as a bioretention area for stormwater runoff.

(g) Crime prevention through environmental design techniques must be utilized in parking lot designs.

(2) Perimeter landscaping.

(a) A minimum 5-foot buffer strip abutting a public right-of-way shall be landscaped within a project.

(b) In all zoning districts, landscaping shall be required along all sides of a parking lot or paved drive that abuts adjoining property or a public right-of-way as follows:

[1] The perimeter landscape buffer along a street shall consist of planting materials or planting materials and man-made features to create at a minimum 3-foot high visual relief in the form of a hedge, fence, planter box, berm, dividers, shrubbery or trees, or a combination thereof. All landscaping to form such visual relief shall be a minimum of 2 feet tall at planting.

[2] There shall be a 6-foot-high vegetated barrier, buffering the view from any abutting residential zoning district.

[3] A landscaped strip at least 5 feet in width shall be located between the paved area and the abutting property lines or public right-of-way. This requirement does not apply to areas within a required driveway or other access points.

(3) Interior landscaping. A parking lot containing more than 32 spaces, or 10,000 square feet, shall comply with the following requirements.

(a) Parking aisles shall have 1 tree per 10 parking spaces. This requirement does not mean that an island with a tree must occur every 10 spaces. The requirement is a means of calculating the planting requirements.

(b) Required islands and medians shall be evenly distributed throughout such parking areas. The distribution and location of landscaped areas may be adjusted to accommodate existing trees or other natural features so long as the total area requirement for landscaped islands, peninsulas and medians for the respective parking area is satisfied.

I. Landscaping standards by zoning district or development type.

(1) General requirements. The landscaping shall preserve unique features and mature vegetation, especially large trees. These should be incorporated into the landscaping and site design to the maximum extent possible. When possible plants shall be used that attract and help sustain healthy bee population due to the importance of pollination.

(2) Residential Office District (RO). Lawn and landscaped areas shall be maintained to preserve the residential character of the area. Landscaped buffer yards shall be planted in harmony with adjoining residences and in accordance with this section.

[Amended by Bill No. 09-31]

(3) Mixed Office District (MO). The following landscaping regulations apply to the MO District, in addition to the other standards established in this section:

(a) Every effort shall be made to avoid formality in plantings, except as it may be integral to an architectural concept. Emphasis shall be placed on the natural grouping of groves of trees, and every opportunity shall be taken to emphasize, or take advantage of, natural terrain features.

(b) Islands and other landscaping alternatives shall be incorporated into parking areas to add visual interest. The use of islands, perimeter or roof top gardens, designed and landscaped to serve as bioretention facilities, is encouraged.

(4) Edgewood Neighborhood Overlay District (ENOD), Chesapeake Science and Security Corridor and rural villages. The following landscaping regulations apply to the ENOD, Chesapeake Science and Security Corridor and rural villages in addition to the other standards established in this section:

(a) All development shall include a minimum of 20% of the parcel area preserved as vegetated open space. The landscaped buffer yards, parking islands, building and perimeter landscaping and streetscape shall be included in the calculation of open space, so long as a minimum width of 10 feet is maintained. Vegetated stormwater management facilities shall be included in the calculation of open space.

(b) Any redevelopment project, currently exceeding 80% impervious surface area, may maintain the existing percentage of impervious surface.

(5) Mixed use centers [See § 267-76 (Mixed use centers).]. Each mixed use center shall provide a landscaping and buffer yard plan identifying the following:

(a) All parking lots, loading areas and outdoor storage areas shall be separated with a Type "D" buffer yard, pursuant to § 267-30 (Buffer yards), from any adjacent roads and residential districts.

(b) Relocation of existing trees and shrubs from alternative sites is encouraged.

(c) Landscape amenities and materials shall be of high quality.

(d) Island and other landscaping alternatives, such as planting trees, shall be incorporated into parking areas to add visual interest. The use of islands and perimeter gardens, designed and landscaped to serve as bioretention facilities, is encouraged.

(e) For individual lots subdivided within a mixed use center, the buffer yard and buffering requirements shall apply only to the perimeter of the center and shall not be applicable internally between uses on adjacent lots developed within the center. Where individual lots are established within a mixed use center, the onsite landscaping shall be consistent with the materials and themes established for the overall center.

(6) Integrated community shopping center (ICSC) [See § 267-79 (Integrated community shopping center.)]. Each ICSC shall provide a landscaping and buffer yard plan identifying the following:

(a) Any part of a lot not used for buildings or other structures, or paved for off-street parking, loading and maneuvering areas, drives and pedestrian walks or incidental outside storage, shall be landscaped and properly maintained, pursuant to this section.

(b) All parking lots, loading areas and outdoor storage areas shall be separated from any adjacent roads and residential districts with a Type "C" buffer yard, pursuant to § 267-30 (Buffer yards).

(7) Perryman Wellfield Protection District and Community Water System Districts. The following landscaping regulations apply to these districts in addition to the other standards established in this section:

(a) Landscaping shall be designed so that it occurs in large blocks. Narrow strips and isolated patches shall be avoided if at all possible.

(b) Landscaped areas shall be designed to minimize the need for watering and the use of fertilizers and pesticides.

(c) Native ground cover, shrubs and trees that are adapted to the climatic conditions of the area shall be used. Native wildflowers are also suitable landscaping plants.

(d) Different species of plants shall be planted together to provide natural insect control.

J. Submission requirements. At a minimum, the landscaping plan shall include all items as specified in the most recent checklist provided by the Department of Planning and Zoning, which is incorporated by reference and made a part hereof as though it were fully stated herein.

K. Bonding.

(1) Prior to the issuance of grading permits, the applicant shall provide a performance guarantee in a form acceptable to the County. The performance guarantee shall be in the amount of the estimated cost of the landscaping as provided on the approved landscaping plan.

(2) All landscaping as shown on the approved landscaping plan shall be completed in accordance with the plan prior to release of the surety.

L. Modification.

(1) Any property owner, or authorized agent thereof, seeking a modification shall submit to the Department of Planning and Zoning a written request for any modification, a written justification and any supporting graphics.

(2) The Director of Planning shall respond in writing to the request within 30 calendar days of receipt of the request.

(3) The Director of Planning may modify any portion of the landscape requirements upon a finding that the requirements of such section(s) will not enhance the purposes of the applicable provisions, or otherwise serve the public good. Modifications shall be reviewed under the following circumstances:

(a) Such modification shall be comparable in quality, effectiveness and durability. The Director of Planning shall review the request and base a decision in comparison with the minimum vegetation standards of the applicable provision; and

(b) The landscape plan shall be substantially in compliance with the provisions of this ordinance and any conditions imposed by the Director of Planning; and

(c) Such modification shall have no adverse visual effect on adjacent properties.

§ 267-30 Buffer yards.

A. General requirements.

(1) Buffers are required between districts pursuant to Table 30-1 below. The buffer yard is intended to be landscaped in a manner that provides an effective visual buffering on a year-round basis. The buffer yard is intended to increase the visual appeal within a district and to minimize the impact of noise between districts. The buffer yard is intended to provide for a transition between uses.

(2) Buffer yards shall consist of existing vegetation, nursery stock or both as well as fences, walls, earthberms or grade changes.

(3) Structures shall not be permitted to encroach on any buffer yard. Pavement, utility construction, signage and similar hardscape improvements are permitted in the required buffer yard of mixed use centers, the MO Mixed Office District, and integrated community shopping centers which separates the use from any adjacent road that is not within the project. Pavement, utility construction, signage and similar hardscape improvements are not permitted on any other buffer yard. All public utilities, including water and sewer facilities, shall be allowed to cross a buffer yard subject to approval of the Director of Planning and the Director of Public Works.

[Amended by Bill No. 21-014]

(4) Buffer yards shall be established on agriculturally zoned land when the subject property is converted to residential use, consisting of more than 5 lots, and is adjacent to another agriculturally zoned property that has not been converted to residential use.

(5) Buffer yards required between property zoned for business, commercial, industrial or mixed office uses and property zoned agricultural or residential shall not be located on the agriculturally or residentially zoned lands.

(6) Buffer yard requirements may be reduced if a buffer yard exists on an adjoining property, provided the buffer yard is permanently protected in perpetuity under easement or other sufficient legal instrument and meets the minimum buffer yard requirement for this section. The recreational buffer requirement may be reduced or eliminated provided that a trail exists on an adjoining property which is permanently protected in perpetuity under easement or other sufficient legal instrument and meets the minimum recreational buffer requirement for this section.

(7) Where possible, the Director of Planning shall permit the use of trails within ICSC, PEC and COP developments.

(8) Buffer yards shall not be required on agriculturally zoned land when the subject property is converted to residential use, consisting of more than 5 lots, and is adjacent to a residentially zoned property.

[Added by Bill No. 10-32]

(9) Notwithstanding Table 30-1, buffer yards shall not be required between residential lots as defined in this chapter.

[Added by Bill No. 10-32]

(10) No portion of the buffer yard shall be allowed on privately-owned urban residential district lots.

[Added by Bill No. 10-32]

B. Applicability. Buffer yards are required for:

(1) The construction or erection of any new nonresidential building or structure for which a building permit is required.

(2) Any enlargement exceeding 1,000 square feet or 10% of the total floor area, whichever is greater, of the exterior dimensions of an existing nonresidential building for which a building permit is required.

C. Exemptions. This section does not apply to the following situations:

(1) The reconstruction of an existing building of which 50% or less of the floor area was destroyed or ruined by flooding, fire, windstorm or act of God. This exemption shall apply only where reconstruction of that building will not result in an increase in building size or paving area of the parking facilities to be provided.

(2) Interior finish work or remodeling within a portion of a building, unless the work results in an increase in land use intensity.

(3) Any use, building or structure for which only a change of use is requested, and which use does not increase the existing intensity or building square footage, nor requires structural modifications which would increase its volume or scale.

(4) Contiguous commercial parcels or land areas under common ownership, within 1 development project.

D. Buffer yard landscape and improvement standards.[1]

[1] Editor's Note: Table 30-1, Required Buffers Between Districts is included at the end of this chapter.

E. Types of buffer yards. There are 5 types of buffer yards. Table 30-2 shows the minimum width and minimum number of plantings, trees and shrubs or fence, wall or berm, where applicable, required for each 100 linear feet for each buffer yard.

Table 30-2 Types of Buffer Yards
		Trees
Buffer Type	Minimum Width (feet)	Large	Medium/ Small	Shrubs	Fence (F), Berm (B), or Wall (W)
A	10	2	2	20
B	15	4	3	20	F or W
C	20	6	5	25	F, W or B
D	30	8	6	30	F, W or B
E	50	8	6	35	F, W or B

F. Recreational buffer.

(1) The primary purpose of a recreational buffer is to use the buffer yard where appropriate to create walkable communities and to incorporate areas for recreation adjacent to residential communities.

(2) In addition to Subsections D and E of this section, the development of an ICSC, PEC or COP or the development of a parcel under MO standards that is adjacent to an R1, R2, R3 or R4 zoned parcel must include a 10-foot recreational buffer in addition to the standard buffer yard.

[Amended by Bill No. 14-1]

G. Plant materials and uses. Plant materials shall be selected from the species listed in the Harford County Plant List on file with the Department of Planning and Zoning. The Director of Planning may permit substitutions if a listed species is being invaded, or infested by fungi, disease or pests. Plant materials shall show a variety of texture, color, shape and other characteristics.

(1) Shrubs.

(a) The mixture of evergreen and deciduous shrubs shall be such that no more than 40% of the shrubs are deciduous, no less than 60% of the shrubs are evergreens and there is 1 shrub for every 40 square feet of required buffer yard.

(b) Shrubs shall be container grown in not less than 3 gallon containers, and all shrubs shall be of a species that will attain a mature height of at least 6 feet and width of at least 4 feet, within 5 years of the time of planting.

(c) Shrubs shall be planted between 3 feet and 5 feet apart, in straight or staggered rows, such that a dense visual buffer will be established by the mature shrubs.

(2) If there is an increase in grade of at least 4 feet above existing grade on the adjacent edge district or lot boundary, and the change in grade shall occur within the width of the buffer, then shrubs shall be provided in accordance with the requirements of this section, except that the required height of the shrubs may be reduced so that the height of the berm plus the height of the shrubs is equal to 6 feet, provided that no shrub may be less than 1 1/2 feet in height. For change in grade that is at least 6 feet above grade, no shrubs are required.

H. The Director of Planning may grant a waiver for an alternative buffer yard arrangement when certain specific requirements of this section cannot be met, as follows:

(1) When the location of existing buildings precludes compliance with the buffer yard width and yard setback standards, the Planning Director may allow a buffer yard that provides the maximum separation and buffering possible, given the location of such buildings. In granting an alternative buffer yard, the Planning Director may require the buffer yard to be wider, when not obstructed by buildings, additional fencing or walls, or require additional or larger landscape materials; and

(2) When the land for a required buffer yard is currently encumbered, or will be required to be encumbered, by an easement, covenant or other recorded legal instrument that prohibits or disallows the planting and maintaining of trees and shrubs, or limits tree growth to less than 20 feet in height, such land shall not be deemed to fulfill the requirements of this section. The Director of Planning may grant a waiver that will allow an alternate buffer yard location which will provide the maximum buffering possible taking into consideration any use of the easement that is incompatible with the intent of this section. In granting a waiver, the Director of Planning may require additional fencing or walls, or require additional or larger landscape materials.

I. Buffering of service or storage areas.

(1) This section applies to refuse storage areas, storage areas, service entrances, service yards, stockpiled materials, garbage receptacles, fuel tanks, electric and gas meters utility or service equipment, and other materials and objects used for service, utilities or storage and situated on any nonresidential or multi-family residential site. These items shall be located:

(a) So as not to be visible from improvements on abutting properties; and

(b) So as not to be visible from public streets (except alleys), or placed in a location abutting an alley. When such positioning is not practical or feasible, those items shall be buffered from view at the right-of-way line or the property line of any abutting residential zoning district. Buffering may include landscape plantings, fencing or enclosures of a height at least as tall as the item or items to be buffered.

(2) All appurtenant mechanical equipment including heating, ventilating and air conditioning equipment, as well as exhaust fans and vents, shall be visually buffered from adjacent residential lots and the public right-of-way. Noise and odors emanating from the equipment, fans and vents shall be directed away from residential district boundaries, by means of location of the equipment on the building, or through the installation of baffles or deflectors.

J. Additional buffering requirements.

(1) Additional buffering requirements for industrial and business uses abutting residential land uses, community facilities or along public streets.

(2) The Director of Planning may require additional buffering in the following situations:

(a) When a proposed industrial or business use adjoins property with an existing residential structure which is unlikely to be converted to industrial or business use in the immediate future. In such cases, the Director of Planning may require a fence of an appropriate height.

(b) When an industrial or business use adjoins a community facility such as a school, playground or park or a historic site.

(3) Protection of scenic byways.

(a) Development along a state designated scenic byway shall be landscaped to preserve the scenic character of the view from the road and the features of the road right-of-way that contribute to the road's scenic character. When developing along a designated scenic byway, the guidelines developed by the State Highway Administration shall be implemented to the greatest extent possible.

(b) The removal of existing vegetation shall be minimized to protect mature trees and hedgerows visible from the road.

§ 267-31 Open space.

A. Purpose and use. In developments utilizing the conventional with open space (COS) or planned residential development (PRD) option, open space shall be used for recreation, protection of natural resource areas, passive green way amenity or agriculture, be accessible to all residents of the development and be accessible to the general public, if accepted by a public agency. Open space shall not be occupied by nonrecreational buildings or nonrecreational parking and shall not include required lot areas of dwelling units.

B. Open space requirements. Open space shall be provided, subject to the following:

(1) A minimum of 50% of the required open space shall be usable for active recreation, such as swimming pools, community centers, tennis courts, tot-lots, ball fields, trails and other similar activities. The area defined as active open space must be a minimum of 10,000 contiguous square feet. Water bodies shall not exceed 15% of the required active open space area.

Trails shall be a minimum of 6 feet wide and must be constructed of materials which are compatible with its proposed use. Construction plans must be approved by the Department of Planning and Zoning with the concurrence of the Director of the Department of Parks and Recreation. All trails must be inspected for compliance to the approved recreation plan prior to the developer conveyance/dedication of the land containing the trail to the homeowner's association. No bond or monies guaranteeing the completion of the project shall be returned to the developer until the trail is completed to the satisfaction and approval of the Department of Planning and Zoning and the Department of Parks and Recreation.

(2) Open space may be owned, preserved and maintained by any of the following:

(a) Dedication of open space to the County or other appropriate public nonprofit agency, upon written acceptance of such dedication. The County shall not accept designation of open space less than 500 square feet unless it is adjacent to another open space area of greater or equal square footage.

(b) Common ownership by a homeowners' association which assumes responsibility for its maintenance.

(c) Private ownership in which restrictive covenants in the deeds prevent development of the open space and provide for maintenance responsibilities.

C. Fee in lieu option. If the County and developer or property owner mutually agree that the active open space requirements cannot be placed in the parcel, in whole or in part, the developer or property owner shall deposit, with the County, a fee in lieu of the dedication. This fee will be based on 110% of the average cost of raw land within the development envelope and acreage which would otherwise be required to be designated as active open space. Such funds shall be utilized for capital improvements at a site within the general vicinity and/or recreation service area of the planned development. Alternatively, if the County and developer agree, the developer shall provide to the County, in-kind services and/or products which are deemed to be commensurate in dollar value to the established fee in lieu, at a mutually agreed upon site within the recreation service area of the planned development. Any dollar difference in the fee in lieu and the agreed upon value of the in-kind service, or product, shall be deposited with the County.

§ 267-32 Starter home housing bonus.

A. Purpose. To encourage the production of housing units and neighborhoods whose floor plans maximize usable space and where the size, scale and design are conducive to energy efficiency and maintainability, thus affordable to low- and moderate-income households. The maximum number of dwelling units permitted in the area to be developed may be increased by 20%, subject to the following:

(1) At least 10% of the total dwelling units of the qualifying project must be rented or sold to low- and moderate-income households, of which 50% must be households consisting of more than 3 people.

(2) For projects of more than 20 dwelling units, not more than 20% of the units within the project shall be developed as low- and moderate-income housing.

(3) The applicant shall guarantee that the minimum number of dwelling units proposed for eligibility will be made available for rent or sale pursuant to income, rental and sales price guidelines certified by the County Housing Agency. The applicant shall cooperate with the County Housing Agency Director to identify qualifying households for the low- and moderate-income units.

(4) The project is not otherwise subsidized by federal or state programs used to finance development of low- and moderate-income units.

B. Design requirements. When dwelling units are developed under this section, the following design requirements shall apply:

(1) Dwelling units for low- and moderate-income households shall be subject to all other applicable requirements of this Part 1.

(2) All subsidized units shall be integrated into the overall design of the development and shall be intermixed throughout the development with exterior materials and appointments not differing from those of the other units in the project.

C. Management requirements. When dwelling units are constructed under this section, the following management requirements shall apply:

(1) All governmentally assisted units shall be managed in accordance with applicable regulations of the County Housing Agency.

(2) Developers of low- and moderate-income housing shall be required to ensure that the dwelling units will continue to be available for rental or sale to persons of low- or moderate-income levels for such minimum period of time as is set forth in any applicable program or as may be required by the County. Acceptable forms of assurance include provisions for acquisition of the units by the County Housing Agency, restriction on the resale of units, use of management agreements or other means acceptable to the County.

§ 267-33 Signs. [1]

[Amended by Bill Nos. 13-17; 14-1; 15-035; 16-028; 17-004; 19-016; 21-014; 24-023; 24-034]

A. Zoning certificates; fees.

(1) Zoning certificate requirement. It shall be unlawful for any person to erect, alter or relocate any sign or other advertising structure, as defined in this Part 1, without first obtaining a zoning certificate and making payment of the required fee.

(2) Application. Application for a zoning certificate for a sign shall be signed by the property owner or authorized agent. The zoning certificate application shall require the name and address of the sign owner or the sign erector, drawings showing the copy design, dimensions, height and location of the sign and such other pertinent information as the Department may require to ensure compliance with the laws of Harford County, Maryland. Whenever an application for a zoning certificate is filed for the erection of a sign on property designated as an historic landmark, the application shall be subject to the approvals of the Historic District Commission and the Department.

B. General provisions. Signage shall be constructed in an unobtrusive manner which compliments the architectural elements of quality, style, color and material of the building, and the architectural period of the building(s). The following broad categories of sign types are regulated by this section unless otherwise provided herein:

(1) Canopy signs. A canopy sign must have its lowest point no closer than 8 feet to the ground.

(2) Freestanding signs. The maximum area of any freestanding sign shall not exceed 120 square feet. The setback measured to the edge of the sign shall be equal to 1/3 of the required building setback. Unless otherwise provided herein, the maximum height allowed for any freestanding sign is 20 feet measured from the road grade. If the elevation of the property where the sign is to be located is above the road grade, the maximum height of the sign may be increased 1 foot in height for every 1 foot of elevation above the road grade. In no instance shall the height of a freestanding sign exceed 30 feet above the road grade. Except as otherwise provided for herein, electronic message boards are permitted as freestanding signs in the B1, B2, B3, CI, LI and GI Zoning Districts. Temporary or portable electronic message boards are not permitted. Electronic message boards shall not exceed 60 square feet in size, and shall display only on-premises messages, or time and/or temperature displays. An electronic message board shall consist only of alphabetic or numeric characters and shall not include any graphic, pictorial or photographic images or videos. The appearance of any animation, motion, flashing, blinking or shimmering is not permitted. A single message, or segment of a message, shall have a display time of at least 2 seconds, including the time needed to move the message onto the sign board, with all segments of the total message to be displayed within 10 seconds. A display traveling horizontally across the message board shall move between 16 and 32 light columns per second. Requirements for display times do not apply to time and/or temperature displays.

(3) Wall signs. Wall signs shall include all flat signs which are placed against a building or other structure and attached to the exterior front, rear or side wall of any building or other structure. Flat wall mounted signs may be located on any wall of a building and may extend not more than 8 feet above the parapet wall or roofline of the building to which they are attached. However, no window, or part of a window, shall be covered by the sign area or its supporting structure. Except as otherwise provided for herein, electronic message boards are permitted as wall signs in the B1, B2, B3, CI, LI and GI zoning districts. Electronic message boards shall not exceed 20 square feet in size, and shall display only on-premises messages, or time and/or temperature displays. An electronic message board shall consist only of alphabetic or numeric characters and shall not include any graphic, pictorial or photographic images or videos. the appearance of any animation, motion, flashing, blinking or shimmering is not permitted. A single message, or segment of a message, shall have a display time of at least 2 seconds, including the time needed to move the message onto the sign board, with all segments of the total message to be displayed within 10 seconds. A display traveling horizontally across the message board shall move between 16 and 32 light columns per second. Requirements for display times do not apply to time and/or temperature displays.

(4) Temporary signs. The maximum number of temporary signs a property may have in any 1 calendar year is 2. Temporary signs may be displayed for periods not exceeding 30 consecutive calendar days and not exceeding 60 calendar days in any 1 year.

(5) Projecting signs. Projecting signs may not extend over public rights-of-way, or project more than 4 feet from the wall of a building. Projecting signs may not have less than 10 feet clearance, as measured vertically from the ground to the bottom of the sign or supporting structure, and shall not exceed a height of 25 feet, as measured vertically from the ground to the top of the sign or supporting structure. Projecting signs shall have a maximum sign area of 60 square feet.

(6) Directional signs. Unless otherwise provided herein, the maximum area of any directional sign shall not exceed 6 square feet. Directional signs can be located at the nearest intersection of any major collector or arterial road and set back 10 feet from the property line. Unless otherwise provided herein, the maximum height allowed for any directional sign is 6 feet above the nearest public road grade.

(7) Billboards.

(a) General. Billboards shall be permitted in the General Industrial (GI) District only. New billboards may not be constructed within the Chesapeake Science and Security Corridor or the Edgewood Neighborhood Overlay District (ENOD).

(b) Location. Billboards shall be limited to 1 per parcel. Billboards shall not be permitted to be erected within 750 feet of any residence, historic structure or building as defined in § 267-4 (Definitions), public square or the entrance to any public park, public, private or parochial school, library, church or similar institution. All such signs shall be set back from the front property line the distance required for a principal building in the zoning district in which located. No billboard shall be permitted to be erected within 100 feet of a road intersection unless the base of the sign is not less than 10 feet above ground level or road surface, whichever is higher. No billboard shall be erected within 660 feet of any highway which is part of the interstate highway system.

(c) Height. A billboard shall be no more than 30 feet in height from road grade.

(d) Area. The maximum area of any billboard shall not exceed 300 square feet.

(e) Illumination. Illumination shall be in accordance with the provisions of this section.

(8) Permanent residential entrance, and continuing care retirement community (CCRC) signs. Residential entrance, development project identification and CCRC signs, with letters or advertising area not to exceed a total area of 48 square feet, shall be permitted on the property, provided that it is located not less than 10 feet from the road right-of-way. In addition, the height of the sign or structure shall not exceed 6 feet. If the parcel or lot has a multiple frontage of at least 50 feet, additional signs with letters or advertising area, not to exceed a total of 48 square feet, shall be permitted. Such sign or structure shall not exceed 6 feet in height and shall not be located less than 10 feet from the road right-of-way. Said signs may be split entrance signs; however, the overall advertising area may not exceed 48 square feet.

(9) Electronic message boards shall be limited to one sign, of any permitted type, per property.

C. Exemptions. The following types of signs are exempt from all the provisions of this section, except for construction and safety regulations and the following standards:

(1) Public signs. Public signs, erected by, or on the order of, a public official in the performance of duty, such as directional signs, regulatory signs, warning signs, informational signs and legal notices.

(2) Integral signs. Integral signs that are carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type construction and made an integral part of the structure, as well as signs forming an integral part of or attached to pumps dispersing fuels, vending machines and service appliances.

(3) Political campaign and public issue signs, except for billboards, signs announcing candidates seeking public office and advocating the support or defeat of public issues shall be permitted, provided that the total area of the signs does not exceed 16 square feet for each premises in a residential district and 32 square feet in an agricultural, business or industrial district. These signs shall be confined to private property. No sign shall be placed within 60 feet of the center of a road intersection or in such a manner as to impede vision.

(4) Agricultural identification signs. Agricultural identification signs not to exceed 32 square feet in area and not to be located less than 35 feet from the center line of the road or 10 feet from the road right-of-way, whichever is greater.

(5) Directional signs. Directional signs for any public, charitable, educational or religious function to be set back 10 feet from road right-of-way. These signs shall not exceed 2 square feet in sign area and shall not exceed 4 feet in height above the road grade.

(6) Private traffic control. Signs directing traffic movement onto a premises or within a premises, not exceeding 4 square feet in area for each sign. Illumination of these signs shall conform to the provisions of this section.

(7) Real estate signs. Real estate signs not exceeding 6 square feet in area and located on the subject property tract. They shall be removed within 7 calendar days after execution of a lease or transfer of the property.

(8) Noncommercial flags. On-site flags of a nation, state, political subdivision, educational institution or noncommercial organization, provided that any flagpole utilized to display such flag is not more than 30 feet in height above the ground.

(9) Ballpark signs. Signs installed on public property, with the permission of the Department of Parks and Recreation, at ball fields owned or operated by the County Department of Parks and Recreation. Said signs shall not exceed 6 square feet in size and shall be erected for no longer than 4 months.

(10) Project development sign. Temporary signs for undeveloped parcels to be set back at least 10 feet from the road right-of-way and not to exceed 10 feet in height above the road grade. One sign shall be permitted for each road frontage of at least 50 feet. The maximum sign area shall not exceed 32 square feet.

D. Calculation of advertising or sign area.

(1) Double-faced signs. One face of a sign having obverse and reverse faces shall be considered in calculating the advertising area. In the event that the faces of a sign are of a different area, the face having the larger area shall determine the advertising area of the sign.

(2) Multi-faced or curved surface signs. The advertising area of a multi-faced or curved surface sign shall be calculated from dimensions derived from its greatest plane projection.

(3) Modular signs. The advertising area of signs consisting of 2 or more individual letters, characters, numbers or figures shall be determined by the area of a described rectangle completely enclosing the extremities of all of the individual letters, characters, numbers or figures, provided, however, that if individual modules are mounted on a background, other than an integral structure component of a building, the entire area of such a background shall be calculated as advertising area.

(4) Cylindrical signs. The advertising area of cylindrical signs shall be computed by multiplying 1/2 of the circumference by the height of the sign.

E. Illumination.

(1) The light from any illuminated sign, including those on the interior of a building, shall be so shaded, shielded or directed so that the light intensity or brightness shall not interfere with the vision of motor vehicle operators or directly reflect onto adjacent residential lots or buildings.

(2) No sign shall have blinking or flashing lights. With the exception of electronic message boards, as defined in § 267-4 (Definitions), no sign shall have illumination devices which have a changing light intensity, brightness or color or which are so constructed and operated so as to create an appearance or illusion of writing. Nothing contained in this section shall be construed as preventing the use of lights or decorations commemorating religious and patriotic holidays.

(3) No exposed reflective type bulbs, and no strobe lights or incandescent lamps exceeding 15 watts, shall be used on the exterior surface of any sign so as to expose the face of the bulb, light or lamp to a public street or adjacent property.

F. Prohibited signs. The following signs are prohibited in all districts and shall be removed in accordance with this section.

(1) Signs containing statements, words or pictures of an obscene, indecent or immoral character that offend public morals or decency of the community.

(2) Signs of a size, location, movement, content, coloration or manner of illumination which may be confused with or construed as a traffic control device, or which hide from view any permitted signs, or which distract or obstruct the view of road or pedestrian traffic in any direction at a road intersection.

(3) Unless authorized by the utility, signs posted on any building, fence, pole or other property owned, leased or controlled by a public utility.

(4) Except as provided in this section, signs that are placed within the County or state right-of-way.

(5) Freestanding signs advertising business uses in planned residential development projects.

(6) Variable message boards.

G. Inspection, maintenance and removal.

(1) All signs and supporting structures shall be kept in good repair and in a safe and attractive condition. Signs for which a zoning certificate is required may be inspected periodically by the Director of Planning for compliance with this section.

(2) In the event that a billboard ceases to be used for advertising or falls into disrepair for a period of 3 months, the billboard will be deemed abandoned. Solicitation for advertising to be displayed on a billboard does not constitute advertising. Once a billboard has been abandoned, the Director of Planning shall notify the owner of the property and the owner of the billboard that the billboard has been abandoned and must be removed. The owners shall be responsible for taking all necessary steps to dismantle the billboard and remove and dispose of all visible remnants and materials from the subject parcel 90 calendar days after notification by the Director of Planning that the billboard has been abandoned.

(3) The Director of Planning may order the removal of any sign, erected or maintained, in violation of this section. Written notice shall be given to the owner of such sign, building, structure or premises on which such sign is located to remove the sign or to bring it into compliance with this section within 10 calendar days from the date of the notice. Upon failure to remove the sign or to comply with this notice, or if it appears that the condition of the sign is such as to present an immediate threat to the safety of the public, the Department may remove the sign immediately without any additional notice. Any cost of removal incurred by the Department shall be assessed to the owner of the property on which such sign is located and may be collected in the manner of ordinary debt or in the manner of taxes and such charge shall be a lien on the property.

(4) Where the Director of Planning determines appropriate, signs within the AG, VB and VR Districts constructed along scenic byways shall be designed using the guidelines developed by the State Highway Administration to the greatest extent possible.

(5) Any freestanding sign, permanent institutional sign or permanent residential entrance sign and continuing care retirement community (CCRC) sign in the RR, R1, R2, R3, R4, RO, B1, Chesapeake Science and Security Corridor and ICSC development shall have appropriate landscaping.

(6) Billboards shall be landscaped with height appropriate plantings.

H. Nonconforming signs.

(1) All signs or other advertising structures which were lawful prior to the enactment of this Part 1 or subsequent amendments, and which do not conform to regulations and restrictions under the terms of this Part 1 or amendments thereto, shall constitute nonconforming signs. Unless otherwise provided herein, nonconforming signs shall be replaced to conform to the requirements of this section when a sign is replaced or a site is redeveloped as defined in this Part 1.

(2) All other signs or other advertising structures which were erected in violation of the law, or which are erected in violation of the provisions hereof, shall be removed, altered or replaced so as to comply with this section within 6 months of the effective date of this Part 1.

I. Sign standards by zoning district and development type.

(1) Agricultural District. In addition to the requirements set forth in this section, signs in the Agricultural (AG) District must comply with the following standards:

(a) Commercial signs (including agricultural public events, agricultural retail, agricultural seasonal and any sign in connection with an approved special development or permitted nonresidential use). One externally lighted sign, not exceeding 16 square feet in area, on lots not exclusively used for residential purposes shall be permitted. These signs may be attached flat against the building or, if freestanding, located not less than 20 feet from the road right-of-way. Freestanding signs may not exceed 6 feet in height.

(b) Permanent institutional signs. One lighted sign setting forth the name of places of worship, service clubs, civic organizations, public or service centers, public institutions, schools or other similar uses shall be permitted. These signs shall be located not less than 20 feet from the road right-of-way, shall not exceed 40 square feet in area and shall not exceed 8 feet in height.

(c) Permanent residential entrance or continuing care retirement community (CCRC) signs are permitted pursuant to the provisions of Subsection B(8).

(d) Construction signs. One sign shall be permitted for all construction contractors, 1 for all professionals and firms and 1 for all lending institutions on sites under construction. Each sign shall not exceed 16 square feet in area, and no more than 3 such signs shall be permitted on 1 site. The signs shall be confined to the construction site, construction shed or trailer and shall be removed within 15 days after the beginning of the intended use of the project.

(e) Directional signs. One directional sign, not exceeding 6 square feet in sign area and no more than 6 feet above ground level, or 6 feet above road grade, whichever is higher, shall be permitted per business use or agricultural use if set back 10 feet from the road right-of-way and located at either the nearest intersecting arterial road or the nearest intersecting road.

(f) Home occupation signs. One lighted sign, not exceeding 2 square feet in area and attached flat against the building, is permitted in conjunction with approved professional or home occupations.

(g) One temporary sign shall be permitted, provided that the sign shall not exceed 32 square feet or 6 feet in height and shall be located not less than 20 feet from the road right-of-way.

(h) Electronic message boards on properties that contain institutional uses which are located on either a freeway/expressway or a principal urban arterial route, each as provided in the "Existing Roadway System Functional Classification" Table in Appendix III, Functional Classification of Roads to the 2016 Master Plan, Harfordnext, as a special exception, subject to approval of the Board. Electronic message boards must be located at least 10 feet from the road right-of-way and at least 250 feet from the structural boundaries of any dwelling, shall not exceed 6 feet in height, and must not have a sign area exceeding 20 square feet.

(i) Notwithstanding the requirements in Paragraph (h) above, electronic message boards displaying a message and content relating to public safety and designed to protect the health, safety, and welfare of the public shall be permitted throughout the district, as a special exception, subject to approval of the Board, on properties that contain public safety facilities. Electronic message boards must be located at least 10 feet from the road right-of-way, shall not exceed 6 feet in height, and must not have a sign area exceeding 20 square feet. Only local and state law enforcement agencies, emergency operation centers and fire companies shall constitute public safety facilities.

(2) RR, R1, R2, R3 and R4 Residential Districts. In addition to the requirements set forth in this section, signs in the RR, R1, R2, R3 and R4 District must comply with the following standards:

(a) Home occupation signs. One lighted sign, not exceeding 2 square feet in area and attached flat against the building, is permitted in conjunction with approved professional or home occupations.

(b) Except for electronic message boards freestanding signs may be permitted as a special exception, subject to approval of the Board, provided they are located at least 10 feet from the road right-of-way, shall not exceed 6 feet in height and must not have a sign area exceeding 4 square feet. Electronic message boards shall not be permitted within the RR, R1, R2, R3 and R4 Districts. Notwithstanding anything contained in this paragraph, electronic message boards displaying a message and content relating to public safety and designed to protect the health, safety, and welfare of the public shall be permitted, as a special exception, subject to approval of the Board, on properties that contain public safety facilities. Electronic message boards must be located at least 10 feet from the road right-of-way, shall not exceed 6 feet in height, and must not have a sign area exceeding 10 square feet. Only local and state law enforcement agencies, emergency operation centers and fire companies shall constitute public safety facilities.

(c) Permanent institutional signs. One lighted sign setting forth the name of places of worship, service clubs, civic organizations, public or service centers, public institutions, schools or other similar uses shall be permitted. These signs shall be located not less than 20 feet from the road right-of-way, shall not exceed 32 square feet in area and shall not exceed 6 feet in height.

(d) Permanent residential entrance or continuing care retirement community (CCRC) signs are permitted pursuant to the provisions of Subsection B(8).

(e) Construction signs. One sign shall be permitted for all construction contractors, 1 for all professionals and firms and 1 for all lending institutions on sites under construction. Each sign shall not exceed 16 square feet in area, and no more than 3 such signs shall be permitted on 1 site. The signs shall be confined to the construction site, construction shed or trailer and shall be removed within 15 days after the beginning of the intended use of the project.

(f) One temporary sign shall be permitted, provided that the sign shall not exceed 16 square feet or 6 feet in height and shall be located not less than 20 feet from the road right-of-way.

(g) All permanent signs shall be compatible with the style, character and design of the residential neighborhood in which the sign is erected.

(3) RO Residential Office District. In addition to the requirements set forth in this section, signs in the RO District must comply with the following standards:

(a) One freestanding sign per parcel, which shall have a maximum of 16 square feet in area, shall be no more than 6 feet in height, shall be placed perpendicular to the road and shall be no less than 20 feet from the right-of-way.

(b) A wall sign for each use, which shall be attached only to the front of a building, shall be adjacent to the front entryway and shall be no larger than 4 square feet in area.

(c) Freestanding and wall signs shall be constructed primarily utilizing the materials and colors of the primary structure on the site. They may be externally and internally illuminated.

(d) Home occupation signs. One lighted sign, not exceeding 2 square feet in area and attached flat against the building, is permitted in conjunction with approved professional or home occupations.

(e) Construction signs. One sign shall be permitted for all construction contractors, 1 for all professionals and firms and 1 for all lending institutions on sites under construction. Each sign shall not exceed 16 square feet in area, and no more than 3 such signs shall be permitted on 1 site. The signs shall be confined to the construction site, construction shed or trailer and shall be removed within 15 days after the beginning of the intended use of the project.

(f) Permanent institutional signs. One lighted sign setting forth the name of places of worship, service clubs, civic organizations, public or service centers, public institutions, schools or other similar uses shall be permitted. These signs shall be located not less than 20 feet from the road right-of-way, shall not exceed 32 square feet in area and shall not exceed 6 feet in height.

(g) Permanent residential entrance or continuing care retirement community (CCRC) signs are permitted pursuant to the provisions of Subsection B(8).

(h) One temporary sign shall be permitted, provided that the sign shall not exceed 16 square feet or 6 feet in height and shall be located not less than 20 feet from the road right-of-way.

(4) VR Village Residential District. In addition to the requirements set forth in this section, signs in the VR District must comply with the following standards:

(a) Home occupation signs. One lighted sign, not exceeding 2 square feet in area and attached flat against the building, is permitted in conjunction with approved professional or home occupations.

(b) Freestanding signs may be permitted as a special exception, subject to the approval of the Board, provided that they are located not less than 10 feet from the road right-of-way, do not exceed 6 feet in height and do not have a sign area exceeding 4 square feet.

(c) Freestanding and wall signs shall be constructed primarily utilizing the materials and colors of the primary structure on the site. They may be externally and internally illuminated.

(d) Permanent residential entrance or continuing care retirement community (CCRC) signs are permitted pursuant to the provisions of Subsection B(8).

(e) Construction signs. One sign shall be permitted for all construction contractors, 1 for all professionals and firms and 1 for all lending institutions on sites under construction. Each sign shall not exceed 16 square feet in area, and no more than 3 such signs shall be permitted on 1 site. The signs shall be confined to the construction site, construction shed or trailer and shall be removed within 15 days after the beginning of the intended use of the project.

(f) Permanent institutional signs. One lighted sign setting forth the name of places of worship, service clubs, civic organizations, public or service centers, public institutions, schools or other similar uses shall be permitted. These signs shall be located not less than 20 feet from the road right-of-way, shall not exceed 32 square feet in area and shall not exceed 6 feet in height.

(g) One temporary sign shall be permitted, provided that the sign shall not exceed 16 square feet or 6 feet in height and shall be located not less than 20 feet from the road right-of-way.

(5) VB Village Business District. In addition to the requirements set forth in this section, signs in the VB District must comply with the following standards:

(a) One freestanding sign per parcel, which shall have a maximum of 18 square feet in area, shall be no more than 6 feet in height, shall be placed perpendicular to the road and shall be no less than 20 feet from the right-of-way.

(b) A wall sign for each use, which shall be attached only to the front of a building, shall be adjacent to the front entryway and shall be no larger than 10 square feet in area.

(c) Freestanding and wall signs shall be constructed primarily utilizing the materials and colors of the primary structure on the site. They may be externally and internally illuminated.

(d) Home occupation signs. One lighted sign, not exceeding 2 square feet in area and attached flat against the building, is permitted in conjunction with approved professional or home occupations.

(e) Construction signs. One sign shall be permitted for all construction contractors, 1 for all professionals and firms and 1 for all lending institutions on sites under construction. Each sign shall not exceed 16 square feet in area, and no more than 3 such signs shall be permitted on 1 site. The signs shall be confined to the construction site, construction shed or trailer and shall be removed within 15 days after the beginning of the intended use of the project.

(f) Permanent institutional signs. One lighted sign setting forth the name of places of worship, service clubs, civic organizations, public or service centers, public institutions, schools or other similar uses shall be permitted. These signs shall be located not less than 20 feet from the road right-of-way, shall not exceed 32 square feet in area and shall not exceed 6 feet in height.

(g) Permanent residential entrance signs are permitted pursuant to the provisions of Subsection B(8).

(h) One temporary sign shall be permitted, provided that the sign shall not exceed 16 square feet or 6 feet in height and shall be located not less than 20 feet from the road right-of-way.

(6) B1 Neighborhood Business, B2 Community Business, B3 General Business, CI Commercial Industrial, LI Light Industrial and GI General Industrial Districts. In addition to the requirements set forth in this section, signs in the B1, B2, B3, CI, LI and GI Districts must comply with the following standards:

(a) Signs erected on and attached to commercial, industrial or institutional buildings. The total area of all signs erected on and attached to commercial, industrial or institutional buildings shall not exceed 2 square feet per each linear foot of building width, measured along the front wall or entrance wall of a building. If a building is located on a lot having frontage on 2 streets, then the sign area for each side shall be calculated separately. The following types of signs shall be permitted:

[1] Wall signs.

[2] Projecting signs.

[3] Roof signs.

[4] Canopy signs.

(b) Two freestanding signs identifying commercial or industrial activity other than integrated community shopping centers shall be allowed on each road frontage if the property has a minimum of 40 feet of road frontage. The sign area shall be calculated on the basis of 1 square foot of sign for every foot of property road frontage, and the maximum sign area shall be determined in accordance with the restrictions contained in Subsection B(2) of this section.

(c) One temporary sign shall be permitted, provided that the sign shall not exceed 32 square feet or 6 feet in height and shall be located not less than 10 feet from the road right-of-way.

(d) Construction signs. One sign shall be permitted for all construction contractors, 1 for all professionals and firms and 1 for all lending institutions on sites under construction. Each sign shall not exceed 32 square feet in area, and no more than 3 such signs shall be permitted on 1 site. The signs shall be confined to the construction site, construction shed or trailer and shall be removed within 15 days after the beginning of the intended use of the project.

(e) Permanent institutional signs. One lighted sign setting forth the name of places of worship, service clubs, civic organizations, public or service centers, public institutions, schools or other similar uses shall be permitted. These signs shall be located not less than 20 feet from the road right-of-way, shall not exceed 54 square feet in area and shall not exceed 6 feet in height.

(f) Permanent residential entrance or continuing care retirement community (CCRC) signs are permitted pursuant to the provisions of Subsection B(8).

(g) An overall signage plan and architectural renderings of the signs shall be submitted as part of the site plan approval process. Creative modifications to the standard signage package used by large corporations and innovative sign lighting is strongly encouraged.

(h) For properties in the B1, B2 and B3 Districts, a maximum of 2 directional signs may be permitted provided:

[1] The sign is located within 1,000 feet of the commercial structure to which it is directing and the property on which the commercial structure is located is also zoned B1, B2 or B3.

[2] The sign area does not exceed 20 square feet.

[3] The sign height does not exceed 10 feet above the nearest public road grade.

[4] If the business for which the sign was erected is no longer operating, the sign shall be removed promptly.

(7) MO Mixed Office District. In addition to the requirements set forth in this section, signs in the MO District must comply with the following standards:

(a) Signs erected on and attached to commercial, industrial or institutional buildings. The total area of all signs erected on and attached to commercial, industrial or institutional buildings shall not exceed 1 square foot per each linear foot of building width, measured along the front wall or entrance wall of a building. If a building is located on a lot having frontage on 2 streets, then the sign area for each side shall be calculated separately. The following types of signs shall be permitted:

[1] Wall signs.

[2] Projecting signs.

[3] Roof signs.

[4] Canopy signs.

(b) Signs shall be considered an integral part of the design and shall incorporate the architectural elements and materials utilized. In all instances, consideration shall be taken to ensure each sign does not restrict sight distance for motor vehicle operators.

(c) An overall signage plan and architectural renderings of the signs shall be submitted as part of the site plan approval process. Creative modifications to the standard signage package used by large corporations and innovative sign lighting is strongly encouraged.

(d) Freestanding identification signs shall be limited to 1 sign for each road frontage. The maximum size of any sign shall not exceed 120 square feet. The maximum height of the signs shall not exceed 10 feet, and signs must be set back a minimum of 20 feet from the road right-of-way.

(e) Directional information signs shall be adequately provided and design coordinated.

(f) Permanent institutional signs. One lighted sign setting forth the name of places of worship, service clubs, civic organizations, public or service centers, public institutions, schools or other similar uses shall be permitted. These signs shall be located not less than 20 feet from the road right-of-way, shall not exceed 54 square feet in area and shall not exceed 6 feet in height.

(g) Construction signs. One sign shall be permitted for all construction contractors, 1 for all professionals and firms and 1 for all lending institutions on sites under construction. Each sign shall not exceed 16 square feet in area, and no more than 3 such signs shall be permitted on 1 site. The signs shall be confined to the construction site, construction shed or trailer and shall be removed within 15 days after the beginning of the intended use of the project.

(h) The following types of signs shall not be permitted for any project located in the MO District:

[1] Billboards.

[2] Temporary or portable signs.

(8) Chesapeake Science and Security Corridor. In addition to the requirements set forth in this section, signs in the Chesapeake Science and Security Corridor must comply with the following standards:

(a) Signs erected on and attached to commercial, industrial or institutional buildings. The total area of all signs erected on and attached to commercial, industrial or institutional buildings shall not exceed 2 square feet per each linear foot of building width, measured along the front wall or entrance wall of a building. If a building is located on a lot having frontage on 2 streets, then the sign area for each side shall be calculated separately. The following types of signs shall be permitted:

[1] Wall signs.

[2] Projecting signs.

[3] Roof signs.

[4] Canopy signs.

(b) An overall signage plan and architectural renderings of the signs shall be submitted as part of the site plan approval process. Creative modifications to the standard signage package used by large corporations and innovative sign lighting is strongly encouraged.

(c) Two freestanding signs identifying commercial or industrial activity other than community shopping centers shall be allowed on each road frontage if the property has a minimum of 40 feet of road frontage. The sign area shall be calculated on the basis of 1 square foot of sign for every foot of property road frontage, and the maximum sign area shall be determined in accordance with the restrictions contained in Subsection B(2) of this section. Signs shall be set back from the right-of-way 1/3 of the required front yard setback for the underlying zone.

(d) One directional sign, not exceeding 4 square feet in area or 6 feet above ground level, or 6 feet above road grade, whichever is higher, shall be permitted per business use if located at the nearest intersection of any major collector or arterial road and set back the required distance for the district. However, the maximum number of directional signs shall not exceed 3 per intersectional quadrant.

(e) Existing billboards located on sites within the Chesapeake Science and Security Corridor may remain and may be replaced subject to approval of necessary permits. Should the billboard be located on a site with an existing use, expansion of the use by more than 20% shall require the removal of said billboard. Should a billboard be located as the sole use on a site as of the effective date of the legislation, future development of the site, for other permitted uses, shall require the removal of said billboard. Notwithstanding the foregoing, the owner of a site upon which a billboard is located within the Chesapeake Science and Security Corridor shall be permitted to redevelop the site for other permitted uses or expand the current use by more than 20% subject to the following conditions:

[1] The site is subject to a lease with a third party for the billboard;

[2] The owner submits, to the Director of Planning, an affidavit that the owner has made good faith efforts to terminate the billboard lease, which efforts have failed;

[3] The lease term shall end no later than 2 years from the date of the issuance of the building permit for the property and the owner provides evidence of termination of the lease to the Director of Planning;

[4] The owner shall provide to the Director of Planning, a bond in an amount equal to 115% of the cost to remove the billboard at the end of the lease term; and

[5] The owner shall record, among the land records of Harford County, Maryland, a permanent easement for the benefit of the County to permit the County to enter upon the property to remove the billboard in the event the billboard is not removed within the time period set forth herein.

(f) Construction signs. One sign shall be permitted for all construction contractors, 1 for all professionals and firms and 1 for all lending institutions on sites under construction. Each sign shall not exceed 16 square feet in area, and no more than 3 such signs shall be permitted on 1 site. The signs shall be confined to the construction site, construction shed or trailer and shall be removed within 15 days after the beginning of the intended use of the project.

(g) Permanent institutional signs. One lighted sign setting forth the name of places of worship, service clubs, civic organizations, public or service centers, public institutions, schools or other similar uses shall be permitted. These signs shall be located not less than 20 feet from the road right-of-way, shall not exceed 32 square feet in area and shall not exceed 6 feet in height.

(h) One temporary sign shall be permitted, provided that the sign shall not exceed 32 square feet or 6 feet in height and shall be located not less than 10 feet from the road right-of-way.

(9) Edgewood Neighborhood Overlay District (ENOD). In addition to the requirements set forth in this section, signs in the ENOD must comply with the following standards:

(a) Signs erected on and attached to commercial, industrial or institutional buildings. The total area of all signs erected on and attached to commercial, industrial or institutional buildings shall not exceed 2 square feet per each linear foot of building width, measured along the front wall or entrance wall of a building. If a building is located on a lot having frontage on 2 streets, then the sign area for each side shall be calculated separately. The following types of signs shall be permitted:

[1] Wall signs.

[2] Projecting signs.

[3] Roof signs.

[4] Canopy signs.

(b) An overall signage plan and architectural renderings of the signs shall be submitted as part of the site plan approval process. Creative modifications to the standard signage package used by large corporations and innovative sign lighting is strongly encouraged.

(c) Freestanding identification signs shall be limited to 1 sign for each road frontage. The maximum size of any sign shall not exceed 50 square feet. The maximum height of the signs shall not exceed 10 feet from the base of the sign, and signs must be set back a minimum of 10 feet from the road right-of-way line.

(d) Signs to identify the use of an occupant shall be designed as part of the architectural design of the building and attached thereto.

(e) Directional information signs shall be adequately provided and design coordinated.

(f) Construction signs. One sign shall be permitted for all construction contractors, 1 for all professionals and firms and 1 for all lending institutions on sites under construction. Each sign shall not exceed 16 square feet in area, and no more than 3 such signs shall be permitted on 1 site. The signs shall be confined to the construction site, construction shed or trailer and shall be removed within 15 days after the beginning of the intended use of the project.

(g) Permanent institutional signs. One lighted sign setting forth the name of places of worship, service clubs, civic organizations, public or service centers, public institutions, schools or other similar uses shall be permitted. These signs shall be located not less than 20 feet from the road right-of-way, shall not exceed 32 square feet in area and shall not exceed 6 feet in height.

(h) Billboards are not permitted for any new or redevelopment project located in the Edgewood Neighborhood Overlay District.

(i) One temporary or portable signs shall be permitted in the area designated as the main street only. Signs may not exceed 8 square feet in area, be located so as not to inhibit the normal flow of pedestrian traffic and in front of the specific business that is being advertised.

(10) Integrated Community Shopping Center (ICSC). Signs for an ICSC shall comply with the following:

(a) Signs erected on and attached to commercial, industrial or institutional buildings. The total area of all signs erected on and attached to commercial, industrial or institutional buildings shall not exceed 2 square feet per each linear foot of building width, measured along the front wall or entrance wall of a building. If a building is located on a lot having frontage on 2 streets, then the sign area for each side shall be calculated separately. The following types of signs shall be permitted:

[1] Wall signs.

[2] Projecting signs.

[3] Roof signs.

[4] Canopy signs.

(b) An overall signage plan and architectural renderings of the signs shall be submitted as part of the site plan approval process. Creative modifications to the standard signage package used by large corporations and innovative sign lighting is strongly encouraged.

(c) Freestanding signs identifying integrated community shopping centers are allowed, but the maximum sign area shall be determined independently from the sign area restrictions contained in this section. Freestanding signs shall not exceed 1 square foot in area for each linear foot of road frontage or 200 square feet, whichever is smaller. One such sign shall be permitted for each road frontage, or not more than 2 signs shall be permitted along any frontage which exceeds 500 feet. The sign height shall not exceed 40 feet and shall be set back not less than 20 feet from the front property line.

(d) Directional information signs shall be adequately provided and design coordinated.

(e) The following types of signs shall not be permitted in an ICSC:

[1] Billboards.

[2] Temporary signs.

[1] Editor’s Note: A temporary moratorium on the application of this section as it relates to outdoor dining uses only for bars, breweries, nightclubs and restaurants was renewed by Bill No. 22-019. The provisions are waived, provided that all fire, life safety and Americans with Disability Act requirements are met. The temporary moratorium shall sunset 12-31-2023, unless renewed by legislative act.