A. 
Zoning districts. Zoning districts established by this chapter are bounded and defined as designated on the Official Zoning Maps and subsequent modifications thereto. Said Zoning Maps, properly attested, and maps indicating the results of zoning cases conducted hereunder shall be and remain on file in the office of the Zoning Administrator.
B. 
Delineation of district boundaries. The following rules shall be used to determine the precise location of any zoning district boundary:
(1) 
Boundaries shown as following or approximately following the limits of Harford County shall be construed as following such limits.
(2) 
Boundaries shown as following or approximately following streets shall be construed to follow the center lines of such streets.
(3) 
Boundaries shown as following or approximately following platted lot lines or other property lines as shown on the tax maps shall be construed as following such lines.
(4) 
Boundaries shown as following or approximately following railroad lines shall be construed to lie midway between the main tracks of such railroad lines.
(5) 
Boundaries shown as following or approximately following the center lines of streams, rivers or other continuously flowing watercourses shall be construed as following the channel center line of such watercourses taken at mean low water, and in the event of a natural change in the location of such streams, rivers or other watercourses, the boundaries shall be construed as moving with the channel center line.
(6) 
Boundaries shown as separated from and parallel or approximately parallel to any of the features listed in Subsection B(1) through (3) above shall be construed to be parallel to such features and at such distances therefrom as are shown on the map.
(7) 
Whenever any road, alley or other public way is vacated by official action as provided by law, the zoning districts adjoining the side of such right-of-way shall be automatically extended, depending on the side or sides to which such lands revert, to include the right-of-way of the public way thus vacated, which shall henceforth be subject to all regulations of the extended district.
In conformity with the purposes of this chapter, the following zoning districts are established:
A. 
R-1 Low-Density Residential District. The purpose of this district is to provide for single-family, low-density residential development, together with such public buildings, schools, churches, public recreational facilities and accessory uses as may be necessary or are compatible with residential surroundings. This district is designated to protect existing development of high character and vacant land considered appropriate for future development.
B. 
R-2 Medium-Density Residential District. The purpose of this district is to provide for single-family and two-family residential developments of City-scale character, together with such public buildings, schools, churches, public recreational facilities and accessory uses as may be necessary or which are normally compatible with residential surroundings.
C. 
R-3 High-Density Residential District. The purpose of this district is to provide for a high-density residential district within the City, together with such public buildings, schools, churches, public recreational facilities and accessory uses as may be necessary or are normally compatible with residential surroundings.
D. 
B-1 Neighborhood Business District. The purpose of this district is to provide limited retail and service facilities convenient to residential neighborhoods. To this end, uses are limited primarily to convenience goods and service facilities satisfying the household and personal needs of the residents of abutting residential neighborhoods. Standards are established compatible with low-density residential districts resulting in similar building bulk and low vehicular traffic.
E. 
B-2 Central Commercial District. The purpose of this district is to provide retail and office development within the central business district of the City. Appropriate uses are generally the same as for the B-1 District, but with altered yard requirements and altered off-street parking requirements in recognition of the practical difficulty of providing off-street parking in the central business district and in recognition of the collective responsibility to provide off-street parking for smaller establishments. Development/redevelopment in this district shall be compatible with the existing historic, aesthetic and pedestrian character of the downtown area in terms of scale and design. Residential uses are appropriate in this district.
F. 
B-3 Highway Commercial District. The purpose of this district is to provide for a number of retail and office establishments and commercial services for use by the traveling public on or near major roads or streets in the City and at the same time is intended to maintain the appearance of the highways and their access points by limiting outdoor advertising and establishing high standards for development. Commercial development in this district shall be in the form of well-planned and heavily buffered commercial concentrations as opposed to traditional forms of highway strip commercial.
G. 
M-1 Light Industrial District. The purpose of this district is to provide for light manufacturing, fabricating, warehousing and wholesale distributing in low-rise buildings with off-street loading and off-street parking for employees and with access by major thoroughfares or rail. Commercial uses are permitted, primarily for service to employees in the district.
H. 
M-2 Heavy Industrial District. The purpose of this district is to provide for industrial operations of all types which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences than the minimum amount normally resulting from uses specifically permitted.
I. 
Downtown Revitalization Overlay District. The purpose of this district is to enhance the existing assets located in downtown, through the application of design requirements. Properties located within the Transit Oriented Development Districts are not subject to the Downtown Revitalization Overlay District regulations and design requirements.
J. 
Residential Overlay (RO) District. The purpose of this district is to recognize existing uses within certain R-3 Zones within the City; to grant principal permitted use status to existing uses; to avoid creation of nonconforming uses; and to prohibit multifamily uses within the district except those uses existing as of the effective date of this section.
(1) 
Multifamily uses in the overlay district existing prior to the enactment of this section shall be deemed principal permitted uses and not subject to restrictions applicable to nonconforming uses.
(2) 
Multifamily uses, including apartments, garden apartments, mid-rise apartments and townhouses, other than those existing at the time of the enactment of this section, shall be prohibited in the Residential Overlay (RO) District. Existing multifamily uses destroyed after enactment of this section may be reconstructed as a principal permitted use.
(3) 
Single-family and duplex dwellings are principal permitted uses within the Residential Overlay (RO) District.
(4) 
The lot area, width and yard requirements in the Residential Overlay (RO) District shall be the same as the R-3 District.
K. 
Integrated Business District.
(1) 
The purpose of the Integrated Business District (IBD) is to provide residential, recreational, educational, retail, entertainment, and other commercial uses in an aesthetically pleasing and functionally compatible manner, to complement existing residential areas, to blend development with the environmental characteristics of the land, and to facilitate the efficient delivery and use of public services. The object is to use site plan and architectural guidelines to promote land use flexibility and design creativity, to create comfortable and harmonious development that appeals to people living, working, shopping, and socializing within the IBD. The IBD will seek to maintain a common theme and character through the use of specific zoning regulations, design requirements, and architectural review procedures established to encourage flexibility in land planning and generally to align the design, character, and quality of mixed uses. The IBD area west of the I-95 interchange will encourage mixed-use development consistent with the degree and intensity of Ripken Stadium and University Center architectural and design standards known already to attract social interchange through commercial, educational, entertainment, and recreational activity.
(2) 
IBD site development requirements. All permitted uses within the IBD shall be subject to the following site development requirements:
(a) 
Site plan review will be in accordance with the Aberdeen Development Code and Subdivision Regulations,[1] the Aberdeen overlay district regulations and design requirements,[2] and the overall development goals of the IBD.
[1]
Editor's Note: See Ch. 475, Subdivision of Land.
[2]
Editor's Note: See § 235-40.
(b) 
Sidewalks shall be provided as an integral component of the development's articulation, design, and landscaping.
(c) 
Development within the IBD shall include pedestrian and vehicular connections to public roads serving existing or planned public transit, adjacent communities, and other off-site destinations.
(3) 
Building setbacks. Unless otherwise noted, refer to § 235-21.
(a) 
Major arterial road rights-of-way, such as Churchville Road (MD 22), shall have a minimum building setback of 25 feet and shall have a landscaped area included in the setback area.
(b) 
Collector roads, such as Technology Drive and Long Drive, shall have a minimum building setback of 25 feet and shall have a landscaped area included in the setback area.
(c) 
Local roads, such as Gilbert Road and Aldino-Stepney Road, shall have a minimum building setback of 25 feet and shall have a landscaped area included in the setback area.
(d) 
A minimum twenty-foot landscaped area in addition to the building setback for the district shall be required for any commercial use adjacent to an existing residential use. Buildings cannot be located in the required landscaped area.
(e) 
All residential development shall be in accordance with the R-3 residential requirements.
(4) 
Height. The maximum height of any building shall be as follows:
(a) 
For properties fronting on MD 22, the maximum height shall be 40 feet.
(b) 
For all other properties located within the IBD, the maximum height shall be 80 feet.
(c) 
[3]Residential dwellings located in the IBD shall not exceed a height of 40 feet, except for stacked townhouses which may have a maximum height of 80 feet, regardless where located in the district.
[Added 6-7-2021 by Ord. No. 21-O-09]
[3]
Editor's Note: Former Subsection K(4)(c), regarding the maximum height of residential dwellings, was repealed 2-22-2021 by Ord. No. 21-O-02. This ordinance also redesignated former Subsection K(4)(d) as Subsection K(4)(c).
(d) 
Accessory use structures shall not exceed a height of 20 feet.
(5) 
Permitted drive-through lanes for any building in the IBD shall be located at the side or rear of the building. Access and stacking lanes serving the drive-through shall be located at the side or rear of the building.
(6) 
Landscaping. The district shall include landscaping to enhance the streetscape, to form public spaces, to improve the quality of the natural environment, and to break up the impervious surface of parking lots. A minimum of 10% landscaping shall be required for all commercial and institutional uses. (See the Aberdeen overlay district regulations and design requirements[4] for the IBD.)
[4]
Editor's Note: See § 235-40.
(7) 
Any side of a building facing a public way or a public space shall be finished with the same type of materials as the front facade of the building.
(8) 
Truck parking and loading spaces shall not be visible from MD 22 and Long Drive.
(9) 
Screening for dumpster enclosures and pads may be visible from MD 22 and Long Drive.
(10) 
Open space may be designed for active recreation, passive recreation, pathways (other than sidewalks), conservation areas, and/or natural buffers.
(11) 
Permitted uses in the IBD are provided in Appendix A, Table of Use Regulations.[5]
[5]
Editor's Note: Appendix A is included as an attachment to this chapter.
(12) 
Freestanding artistic elements shall be permitted in the IBD, and the Architectural Review Committee shall have final design approval prior to building permit approval. The height of any artistic element shall not exceed 25 feet.
(13) 
The applicant shall prepare a preliminary site plan in accordance with the site development requirements in this section and/or the requirements of the Aberdeen Development Code, Subdivision Regulations,[6] and the Aberdeen overlay district regulations and design requirements[7] for review first by the Department of Planning and Community Development staff and the Architectural Review Committee prior to review and recommendation by the Planning Commission.
[6]
Editor's Note: See Ch. 475, Subdivision of Land.
[7]
Editor's Note: See § 235-40.
(14) 
The Planning Commission shall hold a review of the preliminary site plan along with the Department of Planning and Community Development staff and Architectural Review Committee recommendations and make recommendations to the Mayor and City Council on the preliminary site plan upon finding that the preliminary site plan accomplishes the purposes, minimum standards, and requirements of the IBD.
(15) 
Off-street parking and loading requirements shall comply with § 235-25 unless otherwise noted.
(16) 
Class A self-storage facilities are subject to the following regulations:
[Added 2-22-2021 by Ord. No. 21-O-02]
(a) 
A plan of development shall be submitted to the Planning Commission and thereafter the Mayor and City Council, indicating the location of the building(s), lot area, number of storage units, type and size of signs, height of buildings, parking layout with points of ingress and egress, and location and type of visual screening and landscaping being proposed.
(b) 
The lot size shall be a minimum of two acres.
(c) 
No outside storage is permitted.
(d) 
The storage of hazardous, toxic, or explosive substances, including, but not limited to, hazardous waste, industrial solid waste, supplemental use regulations 343 medical waste, municipal solid waste, septage, or used oil is prohibited.
(e) 
No business activity other than the rental of storage units shall be conducted on the premises.
L. 
I-95 Overlay District. The purpose of this district is to provide for residential, office, research and educational uses in a campus-like setting with complementary commercial/recreational uses. The Ripken Stadium and Ripken Academy are the major landmarks for this district and will attract interest across the United States and around the world. Thus, the principal vision for this area is to attract new development that will complement the strong aesthetic appeal of the Ripken complexes. The I-95 Overlay District boundaries are described as the properties bordering MD 22 (Churchville Road), Gilbert Road and I-95 located within the current City corporate limits. This district is subject to design requirements.
M. 
Transit Oriented Development District.
(1) 
The intent of the Transit Oriented Development (TOD) District is to implement and encourage the redevelopment of properties within the Aberdeen TOD. The TOD District is shown on the TOD Designated Area Map (June 20, 2012) that is referenced in § 235-42.
(2) 
The TOD District provides specific standards necessary to promote the goals and objectives of the Aberdeen Comprehensive Plan and the Aberdeen TOD Master Plan (adopted by Resolution No. 12-R-01, May 7, 2012) that appears in § 235-42. These regulations are designed to maximize the development potential of the Aberdeen TOD to foster a mix of vertical and horizontal land uses, promote shopfronts and commercial uses at street level, accommodate wide pedestrian-friendly sidewalks and multimodal streets, encourage upper-story residential and office uses, and provide on-site parking facilities in the rear and accesses when possible through rear alleys or side streets. The Aberdeen Comprehensive Plan Land Use Element Goals and Objectives specifically call for the adoption of development regulations to implement the TOD. These provisions have been further refined in the Aberdeen TOD Master Plan. In the event of a conflict between Subsection O and the remainder of the Development Code, Subsection O prevails. The TOD District allows a range of uses that may be permitted for properties within these areas to include a mix of residential, commercial and institutional uses. A complete listing of uses permitted in the TOD District is contained in Appendix A, Table of Use Regulations, in this chapter.[8]
[8]
Editor's Note: Appendix A is included as an attachment to this chapter.
(3) 
The TOD District regulations illustrate the types of streets, buildings, heights, and mixes of use that create the desired "form" presented in the Master Plan. TOD Master Plan Land Use Concepts (adopted by Resolution No. 12-R-01, May 7, 2012) was utilized as the basis for establishing the TOD Districts. The TOD District regulations provide for, among other subjects, the establishment of building type and orientation, site design, and other standards that apply to all development proposed to be constructed in the TOD District. The TOD District is transect-based with a corresponding regulating plan that prescribes the appropriate permitted uses, building heights, site design, building type, building frontage types, pedestrian environment and streetscape in the TOD Designated Area, based on the parcel's location. (See Aberdeen TOD Regulating Plan that appears in § 235-42.)
(a) 
The following TOD Districts are established:
[1] 
TOD Neighborhood (TOD-N). The TOD Neighborhood District (TOD-N) consists of mixed uses but primarily residential and provides for a transition in development size from the adjacent TOD Districts to adjacent residential areas. Buildings range from two to four stories, include a variety of uses and building frontage types. Building placement and landscaping are variable, and streets include curbs and sidewalks to create a highly walkable district. This area is classified as the Transect Zone 4 and identified as "(T4)" on the Aberdeen TOD Regulating Plan.
[2] 
TOD Corridor (TOD-C). The TOD Corridor (TOD-C) is an area in which parcels are generally within one block of US 40/Philadelphia Boulevard to promote a mix of commercial and residential redevelopment and to enhance areas adjacent to Aberdeen's compact, walkable downtown. An active primary frontage edge is created through vertical mixed use as well as residential and workplace buildings. Street-fronting uses are required and will be supported by streetscapes that create a highly walkable zone. Buildings range from two to six stories with bonus provisions for up to two additional stories, include a variety of uses and building frontage types. Building frontages are configured and oriented to public streets. This area is classified as the Transect Zone five and identified as "(T5)" on the Aberdeen TOD Regulating Plan.
[3] 
TOD Downtown (TOD-D).
[a] 
The TOD Downtown (TOD-D) is an area of the highest intensity and greatest variety of uses, and is generally located within a one-block area of the Aberdeen MARC/Amtrak train station and the intersection of US 40 and West Bel Air Avenue. This area is classified as the Transect Zone 6 and identified as "(T6)" on the Aberdeen TOD Regulating Plan.
[b] 
The TOD-D is intended to be the heart of the TOD area and provide a highly visible presence and identity for Aberdeen along the US 40/Philadelphia Boulevard corridor and create a high-intensity, highly walkable mixed-use district with the following features:
[i] 
Buildings ranging from two to eight stories in height with bonus provisions for up to four additional stories.
[ii] 
Ground-floor shopfronts, with wide sidewalks to promote a highly walkable district.
[iii] 
Improved public spaces including public plazas, street trees, pedestrian-scale lights and public art.
[iv] 
The majority of parking is consolidated in structures, at curbs of public streets and behind buildings.
[4] 
Special District (SD).
[a] 
Special Districts (SD) are areas with buildings that by their function, disposition or configuration cannot or should not conform to the requirements of any of the TOD District zones or combination of zones. Examples include Aberdeen City Hall, the library, and the Aberdeen MARC/Amtrak train station and supporting parcels. Conditions for redevelopment or development for SD areas shall be subject to review and approval by the Architectural Review Committee, Planning Commission and City Council.
[b] 
Park. Parks are public spaces that are available as recreational spaces that are accessible to, and adequate for, the recreational function and persons they are designed to serve, such as Festival Square.
(4) 
TOD District site development requirements. All permitted uses with the TOD District shall be subject to the following site development requirements. The provisions of the Aberdeen Development Code shall apply except as modified herein.
(a) 
Site plan review will be in accordance with this chapter and subdivision regulations.
(b) 
All development, redevelopment or additions to existing buildings within the TOD District shall be subject to review by the Architectural Review Committee for conformance with the standards established in this chapter.
(c) 
Streets within the TOD District shall be maintained or improved to enhance pedestrian, bicycle and vehicular connections.
(d) 
Street types reflect the character of the intensity of anticipated developments within the TOD District and are utilized to guide development standards such as minimum sidewalk widths, building siting, frontage type, and height.
(e) 
Sidewalks shall be provided and treated as an integral component of the development's design, landscaping and pedestrian connectivity. (See Illustrations 2 to 13.)
(5) 
Building placement. All building frontages in the TOD District shall be constructed at the required build to line to maintain the street edge and shall be oriented to the primary frontage of the lot. (See Illustration 22, Building Frontages.)
(a) 
Streets in the TOD Districts have been classified consistent with the following typologies. (See Illustration I, Street Typologies.)
[1] 
Arterial streets.
[a] 
Regional connector.
[b] 
Commercial primary.
[c] 
Village Center mixed-use.
[d] 
Residential.
[2] 
Collector streets.
[a] 
Neighborhood principal streets.
[b] 
Village Center streets.
[c] 
Neighborhood minor streets.
(b) 
Build to lines (BTL).
[1] 
Build to lines within the TOD District are governed by the district designation as identified on the Regulating Plan, Street Typologies, and the identification of principal frontages. See Illustrations 1 to 18. Build to lines are determined by the location of the parcel in relation to the street types and width of sidewalk that serve the parcel as identified in the street profiles.
[2] 
Placement of future buildings will need to reflect either:
[a] 
Location of back of existing sidewalks consistent with the street profiles depicted in the Illustrations 2 to 17;
[b] 
Location of back of sidewalk following street reconstruction; or
[c] 
If street/sidewalk improvement has not yet taken place, approved City plans for sidewalk reconstruction/location that locate the back of the sidewalk.
[3] 
Build to line/primary building frontage.
[a] 
The Build to line (BTL)/primary building frontage requires the implementation of minimum sidewalk improvements as depicted in Illustrations 2 to 17. This dimension is located at the line at the back of the sidewalk along a primary street and is the BTL as shown in Illustration 23, Frontage Build to Line.
[b] 
The BTL shall not exceed the maximum dimensions necessary to satisfy any required right-of-way. BTL shall be measured from the back of curb, rather than parcel line, and shall consist of the following widths and are further identified on the applicable Illustrations 2 to 17 for the street that the lot's frontage is located on:
Build To Line
Street Frontage Types
Minimum
(feet)
Maximum
(feet)
Village Center mixed-use arterial
North Philadelphia Boulevard (US 40N)
12
20
South Philadelphia Boulevard (US 40S)
20
24
Village Center collector streets
Main Street (MS)
8
20
Festival Street (FS)
10
50
Neighborhood principal streets
Street with limited on-street parking (STL)
10
14
Street with no on-street parking (STN)
10
14
Neighborhood street (NS)
10
14
Neighborhood minor streets
10
14
[4] 
Secondary frontage build to line (BTL). Secondary frontage BTL is applicable when a parcel is a corner lot bordered by two streets. This dimension is located at the line at the back of the sidewalk and is the secondary frontage BTL as shown in Illustration 23, Frontage Build to Line. Building frontage standards are those noted above for primary building frontage and further defined on the applicable Illustrations 2 to 17 for the street that the lot's secondary frontage is located on. The secondary frontage BTL shall maintain a minimum of 10 feet.
[5] 
Festival Square buffer BTL. To preserve large growth trees and/or areas appropriate for forest conservation, the BTL may be adjusted to provide a buffer of up to 50 feet on parcels fronting a Festival Square street as provided in Illustration 28, Festival Square Buffer.
(c) 
Building disposition. The placement of a building on its lot is governed by the property's TOD District designation. Building types are identified by building style and the corresponding yard type. Building types include edgeyard, sideyard, rearyard, and courtyard. (See Illustration 21, Building Disposition). The rearyard building type is the most common type found in the TOD area and is characterized with shopfront facades continuously lining the street and with parking provided in the back.
(d) 
Building frontages.
[1] 
Allowable extensions beyond the build to line. Awnings, porches, stoops, stairs and entrance overhangs, are permitted to extend beyond the build to line, provided a minimum of at least five feet of unobstructed sidewalk is maintained. Examples of extension are shown in Illustration 22, Building Frontages. Balconies, upper-story bay windows, eaves and building entrance overhangs such as canopies and awnings may extend beyond the build to line up to a maximum of seven feet along Village Center mixed-use arterials, up to six feet along Village Center collector streets and up to five feet along alleys, and neighborhood minor and principal streets. All permitted overhangs must provide a minimum of eight feet clear height above sidewalk grade.
[2] 
Frontage buildout. In the TOD-C and TOD-D Districts, the minimum frontage buildout shall be 80% of the lot frontage. In order to connect the public sidewalk with courtyards and parking lots in the interior or at the rear of a parcel, development may incorporate a passage that counts towards the frontage coverage requirements. The minimum width of a passage shall be eight feet and not exceed 20% of the lot frontage. (See Illustration 27, Open Space Types, and Illustration 29, Passage.)
[3] 
Retail/commercial shopfronts and opacity requirements.
[a] 
Buildings that front streets identified as primary frontages on the Retail/Commercial Shopfronts Illustration 19, are required to provide a shopfront at the sidewalk level along the entire building frontage that is designed to support retail and commercial uses. Buildings that front streets identified as secondary frontages (Illustration 19, Retail/Commercial Shopfronts) are encouraged to provide a shopfront at the sidewalk level along the length of the entire building frontage. The shopfront shall be no less than 70% glazed in clear glass. (See Illustration 20, Opacity/Windows.)
[b] 
High-quality materials should be used for shopfronts such as crafted wood, stainless steel, bronze, and other ornamental metals. Detailing such as carved woodwork, stonework, or applied ornament should be used, to create noticeable detail for pedestrians and patrons. Doors may be flanked by columns, decorative fixtures or other details.
[4] 
Expression line. An expression line shall delineate the division between the first story and the second story. A cornice shall delineate the tops of the facades. Expression lines shall either be moldings extending a minimum of two inches, or jogs in the surface plane in the building wall greater than two inches. Cornices shall extend a minimum of 10 inches from the cornice wall. See Illustration 43, Expression Line, and Illustrations 38 and 39, Height Variations with Two-Story Building.
[5] 
Build-to-corner. Buildings must "hold the corner" of the parcel at the intersection of two primary streets. The build-to-corner location is defined by the required build to lines. Where the build-to-corner building placement is required, new development must meet this requirement by siting the building at its street corner. Where an intersection is formed with a state road, state sight distance criteria shall also be applied. (See Appendix B.[9])
[9]
Editor's Note: Appendix B is included as an attachment to this chapter.
(e) 
Side yard setback. There is no minimum side yard setback between buildings or minimum space between buildings. In TOD-C and TOD-D Districts, the maximum side yard setback is 24 feet.
(f) 
Rear setback.
[1] 
Rear setbacks must be maintained to accommodate rear alley maintenance.
[2] 
Maintenance of Aberdeen's existing interconnected rear alley system is vital to street network and ensuring mobility within these TOD Districts.
[3] 
The minimum rear setback shall be 10 feet. When abutting residential uses, the minimum rear setback shall be consistent with § 235-30, Buffer yards.
(g) 
Alley setback. Alley setback is the minimum distance from the alley edge of pavement to any building. The minimum alley setback shall be 10 feet.
(h) 
Space between buildings. There is no minimum space between buildings.
(6) 
Height.
(a) 
To implement the ambiance and scale of the TOD area, no building or structure shall be erected or altered to exceed the following dimensions:
[1] 
In the TOD-N, the maximum building height shall be limited to a maximum of 52 feet or four stories; the minimum building height shall be 20 feet or two stories. (See Illustration 30, TOD-N Height, and Illustration 35, Floor Heights by Story.)
[2] 
In the TOD-C, the maximum building height shall be limited to a maximum of 76 feet or six stories; the minimum building height shall be 21 feet or two stories. (See Illustration 31, TOD-C Height, and Illustration 35, Floor Heights by Story.)
[3] 
In the TOD-D, the maximum building height shall be limited to a maximum of 100 feet or eight stories; the minimum building height shall be 21 feet or two stories. (See Illustration 32, TOD-D Height, and Illustration 35, Floor Heights by Story.)
(b) 
Bonus height. As an incentive to include structured parking in new buildings and preserve and publicly dedicate parks and open space, additional bonus stories may be granted for only one of the following provisions:
[1] 
Parking bonus. Within the TOD Districts, if structured parking is incorporated into the building, a parking height bonus of one additional building story may be approved for every floor of parking, ranging from one to four additional stories in TOD-D and from one to two additional stories in TOD-C. (See Illustrations 33 and 34, Open Space and Parking Bonus Height, and Illustrations 36 and 37, Floor to Ceiling Heights.)
[2] 
Preservation-of-open-space bonus. If public parks and/or plazas are dedicated and preserved within the TOD Districts, an open-space height bonus may be approved ranging from one to four additional stories in TOD-D and from one to two additional stories in TOD-C. (See Illustrations 33 and 34, Open Space and Parking Bonus Height, and Illustrations 36 and 37, Floor to Ceiling Heights.)
(c) 
Two-story minimum. A minimum building height of two enclosed floors of use is encouraged for all new development and redevelopment in the TOD Districts. Alternatively, when two enclosed floors of use are not warranted, the structure must be designed to support future upper-story construction and provide minimum twenty-three-foot front facade emulating a two-story structure. (See Illustrations 38 and 39, Height Variations with Two-Story Building.)
(7) 
Any drive-through windows and stacking lanes in the TOD Districts shall be located at the rear of the building in mid-block and alley accessed locations provided they do not substantially disrupt pedestrian activity or surrounding uses.
(8) 
Outdoor dining shall be permitted on parcels fronting West Bel Air Avenue and US 40 in locations that provide sidewalks of at least 12 feet in width and maintain a minimum ten-foot pedestrian and landscape area.
(9) 
Landscaping.
(a) 
Street trees and/or environmental site design (ESD) planting areas are required along all public frontages and must meet applicable stormwater management requirements. (See Illustrations 25 and 26, Sidewalk Widths, Planting Areas and ESD.)
(b) 
The use of street trees or ESD planting areas are encouraged to match on both sides of the block.
(c) 
One street tree shall be planted in the landscaped area for every 25 feet of street frontage. The planting area for the street tree shall be located at back of curb, shall be a minimum of four feet by four feet in size. Minimum size of the planting area varies by sidewalk depth based on street frontage type. (See Illustrations 25 and 26, Sidewalk Widths, Planting Areas and ESD.)
(d) 
Within the TOD Districts, the types of street trees permitted shall be deciduous, ornamental or flowering trees of two-inch caliper or greater at the time of planting diameter at breast height (DBH) and minimum of eight feet in height. Tree species should be appropriate for height constraints associated with any urban overhead utilities or other obstacles. Planting of native species is encouraged.
(e) 
ESD areas shall consist of areas located at the back of curb which are a minimum of four feet by four feet in size and shall be located at least 12 feet apart. Maximum size varies by street frontage type, due to required sidewalk widths. (See Illustrations 25 and 26, Sidewalk Widths, Planting Areas and ESD.)
(10) 
Open space. Open space within the TOD Districts shall consist of areas designated for active recreation, passive recreation, plazas, pathways, passages, sidewalks, ESD and tree planting areas, conservation areas, and/or natural buffers as provided in Illustrations 25 to 29.
(11) 
Signage. Signs in the TOD Districts shall be one of the types shown in Illustration 44, Signage, and shall be consistent with the provisions of the Aberdeen Sign Regulations.
See Appendix A for uses principally permitted and permitted by special exception within each district.[1] Temporary uses are regulated by § 235-29.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.