Aberdeen Development Code

APPROVED 9/18/06

I. GENERAL PROVISIONS

II. ADMINISTRATION AND ENFORCEMENT

III. ZONING DISTRICTS

IV. PROVISIONS APPLICABLE TO ALL DISTRICTS

V. SPECIAL DEVELOPMENTS & REGULATIONS

VI. CITIZEN PARTICIPATION AND NOTIFICATION PROCESS

VII. TRANSITIONAL PROVISIONS

VIII.APPENDIX A TABLE OF USE REGULATIONS

IX. APPENDIX B SIGHT DISTANCE CRITERIA

X. APPENDIX C ABERDEEN HISTORICAL STRUCTURES

GENERAL PROVISIONS

SECTION 1: TITLE

This Section shall be known and maybe cited as the City of Aberdeen Development Code and supersedes Ordinance 254. The Development Code shall include the text, the official zoning maps, subdivision regulations, sign code, overlay district regulations, Architectural Review Guidelines, and any future amendments thereto; and function as the Development Code for the City of Aberdeen. In addition to the documents set forth above, compliance with the following codes may be required if applicable: floodplain management code, wellhead protection ordinance, forest conservation code, grading and sediment control code, and stormwater management code.

SECTION 2: LEGISLATIVE AUTHORITY

This Code is adopted pursuant to Article 23A and 66B of the Annotated Code of Maryland and the City Charter. The zoning maps of the City shall be the official maps adopted by legislative action.

SECTION 3: PURPOSE

The purpose of this Code is to protect the public health, safety, and general welfare of the City by regulating the use of the land, building/structure height and size, lot coverage, lot requirements (size, yards, courts, and open space), building/structure location and use locations (business, industrial, residential, etc.). It is also the purpose of this Code to preserve property values, insure harmonious and compatible uses, insure good civic design and harmony, adequate parks, prevent congestion, and promote sound planning principles to prevent undue crowding and to protect the character of each district throughout the City. The provisions of this Code shall be administered to ensure orderly growth and development and shall supplement and facilitate the provisions in the Comprehensive Plan.

SECTION 4: APPLICATION OF CODE

This Code shall apply to all lands, structures, buildings, properties, and their uses within the territorial limits of the City, including land owned or leased by the City, and to all owners of land, the tenants or occupants thereof, including land owned by county, state, and the federal government.

Conformance Required. Except as specified in this code, no land, building, structure or premises shall hereafter be used or occupied, and no building or part thereof or other structure shall be located, relocated, erected, reconstructed, extended, enlarged, converted, or altered except in conformance with this Code, the Subdivision Regulations, Overlay District Regulations & Design Requirements, and upon the issuance of a building permit and/or Occupancy Permit.

Conversion of a Building. The conversion of a building to a different or expanded use or into a dwelling, or the conversion of a dwelling so as to accommodate an increased number of dwelling units, shall be permitted only within a Zoning District in which a new building for similar occupancy or use would be permitted under this Code, and only when the resulting occupancy or use will comply with the requirements governing in such Zoning District.

Unsafe Building or Structure. Nothing in this Code shall prevent the strengthening or restoring to a safe condition of all or any part of any building or structure declared unsafe by any agency or official having authority to make such a determination.

SECTION 5: INTERPRETATION

The provisions of this Code shall be interpreted and applied as the minimum standards for the promotion and protection of public health, safety, and welfare.

SECTION 6: SEPARABILITY

If any section, subsection, paragraph, sentence or phrase of this Code, or any portion of the Zoning District Map is held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining parts thereof.

SECTION 7: DEFINITIONS

Purpose. Unless otherwise expressly stated, the following terms shall for the purpose of this code, have the meaning herein indicated.

35) Community Center. A place, structure, area, or other facility used for and providing fraternal, cultural, social, educational or recreational programs or activities, or swimming pools, tennis courts and similar facilities of a homeowners association, open to the public or a designated part of the public, and which may be publicly or privately owned.

36) Comprehensive Plan. A planning document adopted by the City Council upon recommendation from the Planning Commission and pursuant to Article 66B of the Annotated Code of Maryland which serves as a guide to public and private actions and decisions and includes: goals and objectives; land use plan; transportation plan; community facilities plan; sensitive area plan; the general location and the extent of public utilities and other facilities.

37) Concept Plan. A preliminary presentation and attendant documentation of a proposed subdivision or site plan of sufficient accuracy to be used as a basis for discussion and classification.

38) Condominium. An estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a residential building, such as an apartment.

39) Construction Services and Suppliers. Establishment for the installation and servicing of such items as air conditioners, electrical equipment, flooring, heating, painting, plumbing, roofing, tiling, ventilation, establishment for the planting and maintenance of gardens, grounds and yards, such as landscape contractors and lawn maintenance services, and construction and demolition services. Outdoor storage of equipment, supplies, and construction trailers are permitted in a contractor service establishment, provided such are fully screened from public roads and adjacent lots.

40) Contiguous. Parcels of land touching, abutting, or adjoining at a common border or boundary; and, in the case of annexation, immediately across the street.

41) Continuing Care Facility. This type of facility may consist of three (3) types of care, or any one or two types:

42) Continuing Care Retirement Community. A building or group of buildings providing a continuity of residential occupancy and health care for elderly persons. This facility includes dwelling units for independent living, assisted living facilities, plus a skilled nursing care facility of a suitable size to provide treatment or care of the residents; it may include ancillary facilities for the further employment, service or care of the residents. The facility is restricted to persons 60 years of age or older or couples where either the husband or wife is 60 years of age or older. Such facilities must meet the standards of Article 70B, Continuing Care Contracts, of the Annotated Code of Maryland.

43) Convenience Retail Establishment. Retail establishment of less than five thousand (5,000) gross square feet that sells food, beverage, and other consumer items.

44) Courtyard. A fully or partially enclosed area which admits unobstructed light and air bounded on two (2) or more sides by buildings, walls, or other enclosing devices.

45) Day Care Center (Group). A person, agency, or institution licensed by the State of Maryland to provide group care in a residence for between nine (9) and twelve (12) adults or children who do not all have the same parentage, or care of thirteen (13) or more adults or children in facilities other than a private home setting, for a portion of a day and on a regular schedule more often than once a week.

46) Day Care Home (Family). A person, agency, or institution licensed by the State of Maryland to provide day care for no more than eight (8) unrelated individuals in a residence for a portion or all of a day and on a regular schedule more often that once a week.

47) Deck. An exterior floor supported by an adjacent structure and/or by post, piers or other supports.

48) Density. For purposes of this Code, the amount of development allowed on a lot or parcel, expressed in residential districts as the number of dwelling units per gross acre of land to be developed.

49) Development Standards. Regulations and requirements addressing specific needs and concerns for provisions of facilities, protection of environmental and other resources, and fulfillment of goals of the City of Aberdeen Comprehensive Plan. These are in addition to the specific regulations for each individual zoning district.

50) Development. The construction, reconstruction, conversion, erection, alteration, relocation or enlargement of any building or structure; any excavation, landfill, or land disturbance; the division of a parcel of land into two or more parcels; and any use or extension of the use of land.

51) Domiciliary Care Facility (Alternative Living Unit). An institution licensed by the State of Maryland that admits aged or disabled persons, maintains the necessary facilities, and provides a protective institutional or home type environment to persons who are of advanced age or have a physical or mental disability.

52) Dormitory. A residences hall providing room for unrelated individuals or groups.

53) Drive-Thru Facilities. Establishments that by design, physical facilities or services provided encourage or permits said customers to receive services or obtain goods while remaining in their motor vehicles.

54) Dwelling. Any building or portion thereof occupied or intended to be occupied exclusively for residential purposes, but not including a tent, recreation vehicle, a room in a hotel or motel, or a bed and breakfast.

55) Easement. An interest in land owned by another that entitles its holder to a specific limited use or enjoyment.

56) Egress. An exit.

57) Existing Use or Uses. The lawful use or uses of a building, lot, or structure at the time of the enactment of this Code.

58) Family Unit. An individual or group of individuals who live together as one economic unit.

59) Floodplain. Defined by the Federal Emergency Management Agency as a low, usually flat terrain on either side of a river or stream that is normally dry but submerged at times of high water, and where accumulations of silt and sand are deposited away from the main channel.

60) Floor Area, Gross. The sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the exterior faces of exterior walls. The term "floor area" shall include basements; elevator shafts and stairwells at each story; floor space used for mechanical equipment with structural headroom of six (6) feet or more; penthouses; attic space, whether or not a floor has actually been laid, providing structural headroom of six (6) feet or more; interior balconies and mezzanines. Exteriors parking spaces and loading spaces for motor vehicles are not included.

61) Floor Area, Net. The sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls and from the centerline of walls separating two (2) or more buildings. The term "net floor area" shall include outdoor display areas for sale, rental and display of recreational vehicles, boats and boating equipment, trailers, horticultural items, farm or garden equipment and other similar products, but shall exclude areas designed for permanent uses such as toilets, utility closets, malls (enclosed or not), truck tunnels, enclosed parking areas, meters, rooftop mechanical structures, mechanical and equipment rooms, public and fire corridors, stairwells, elevators, escalators, and areas under a sloping ceiling where the headroom in fifty percent (50%) of such area is less than six (6) feet.

62) Frontage. Any and all sides of a lot abutting on a street.

63) Fuel Storage Facility. Any premises or units where gasoline, propane, natural gas, or other petroleum products are store in bulk for the purpose of sale or distribution.

64) Garage, Attached. An attached accessory building or portion of a main building designed, arranged, or used primarily for the housing or storage of private motor vehicles.

65) Garage, Detached. A detached accessory building designed, arranged, or used primarily for the housing or storage of private motor vehicles

66) Garage, Public. A building or portion thereof, other than an automobile salesroom, used for the housing or storage of six (6) or more motor vehicles, their service or repair facilities, if any, are incidental and subordinate to the principle use of storage. A public garage may be a principle use or accessory use.

67) Gourmet Food Establishment. A specialty grocery retailer of not greater than 45,000 sq. ft. which offers for sale varieties of groceries, baked goods, fresh fish and meats, dairy products, beverages, fresh produce, prepared dishes for take out and/or ingredients for food preparation. Within or adjacent to the premises such establishments may also offer for sale beer, wine and liquor for off premises consumption.

68) Greenhouses and Nurseries, Commercial. A building used for the cultivation and sale of plant materials grown on the premises or as nursery stock and for accessory items directly related to plant care and maintenance such as pots, soil, mulch fertilizers, insecticides, rakes, shovels, etc.

69) Gross Leaseable Area/Space. The total floor area designed for owner or tenant occupancy exclusive use. It is expressed in square feet, measured from the centerlines of joining partitions and exteriors of outside walls.

70) Group Home. A housing facility offering common, shared, or independent living, dining, kitchen, sanitary, and sleeping facilities. In addition, supportive services or supervisory personnel are provided to individuals with special housing needs when the individuals are not related to the group home sponsor.

71) Halfway House. A transitional residential substance abuse treatment facility, certified by the Licensing and Certification Administration and the Alcohol and Drug Abuse Administration of the Department of Health and Mental Hygiene for the State of Maryland, that provides substance abuse rehabilitative treatment services, focused toward clients employment and self-sufficiency, to clients who have received prior valuation and treatment in a primary or immediate care program.

72) Hazardous Substance. Any substance that (1) conveys a toxic, lethal, or other injurious effects; or which causes sub-lethal alterations to plants, animals, or aquatic life; (2) or may be injurious to human beings; (3) or persists in the environment; or (4) such other substances as may be identified as hazardous by the United States Environmental Protection Agency or the State of Maryland Department of the Environment.

73) Heliport. An area, either at ground level or elevated on a structure, licensed or approved for the landing and takeoff of helicopters and which may include auxiliary facilities such as parking, waiting room, fueling, and maintenance equipment.

74) Helistop. An area designed to accommodate touchdown and lift-off of helicopters for the purpose of picking up and discharging passengers or cargo.

75) Historic District. An area containing historic sites or structures as designated by the City.

76) Historic Site. A parcel of land or a structure of historical or cultural significance eligible for designation on the National or State Register or Historic Places as a Harford County Landmark; or listed in the City of Aberdeen inventory of historic places. (See Appendix for listing)

77) Home Occupation. A business, profession, occupation, or trade conducted for gain or support within a residential building or its accessory buildings, which use is incidental and secondary to the use of the buildings for dwelling purposes and which does not change the residential character of such buildings. (See Section 28. Home Occupations).

78) Homeowners Association. A non-profit organization operating under recorded land agreements through which: (a) each lot and/or homeowner in a clustered or planned development is automatically a member, and (b) each lot is generally subject to a charge for a proportionate share of the expenses for the organization s activities, such as maintaining a common property, and (c) the charge if unpaid becomes a lien against the property.

79) Hospital. Any licensed and State of Maryland accredited health care institution with an organized medical and professional staff and with inpatient beds available around-the-clock whose primary function is to provide inpatient medical, nursing, and other health-related services to patients for both surgical and non-surgical conditions and that usually provides some outpatient services, particularly emergency care.

80) Hotel. A building in which lodging is provided for compensation and in which access to and from all rooms is made through an interior lobby or office.

81) Hotel, Full-Service. A building in which lodging is provided for compensation and in which access to and from all room is made through an interior lobby or office and includes but not limited to the following services: meeting rooms, restaurant, banquet facilities, and recreational facilities.

82) Impervious Surface. Any surface area covered by a material that is highly resistant to the infiltration of water.

83) Infill Development. Construction of any residential, commercial, institutional, or industrial structure, located in an existing developed area.

84) Ingress. An entry.

85) Intersection. The crossing of two (2) or more roads at grade.

86) Junk. Any scrap, waste, reclaimable material or debris, either stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal, or other use of disposition.

87) Junk Yard. Any area where waste, discarded, or salvaged materials are bought, sold exchanged, baled, packed, stored, abandoned, disassembled, or handled, including auto wrecking yards, house wrecking yards, used lumber yards, and places or yards for storage of salvage house wrecking and structural steel materials and equipment, including 3 or more untagged or inoperable vehicles.

88) Kennel. Any establishment, in which five (5) or more domestic animals such as cats, dogs, and other pets, more than six (6) months old are kept, groomed, bred, boarded, trained, or sold.

89) Landscaping. The improvement of property with lawns, trees, plants, and other natural features.

90) Lane. A public or private way provides secondary and/or service access for vehicles to the side or rear of abutting properties whose principal frontage is on another street. (See Alley)

91) Life Care Facility. A facility that provides board and lodging, nursing services, medical care, or other health-related services, pursuant to an agreement effective for the life of the individual or for a period in excess of one year.

92) Lot. A designated area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon as a unit. "Lot" shall include the words "plot" and "parcel".

93) Lot Area. The total horizontal area included within the rear, side and front lot lines or street lines of the lot, excluding any streets or highways, whether dedicated or not dedicated to public use, but including off-street automobile parking areas and other accessory uses.

94) Lot, Corner. A lot abutting on two or more streets at their intersection, where the interior angle of the intersection does not exceed one hundred thirty-five degrees.

95) Lot Coverage. The percentage of a lot area occupied by the ground area of principal and accessory buildings or structures on such a lot.

96) Lot, Minimum Area of. The smallest area established by this Code on which a use, structure, or building may be located in a particular district.

97) Lot, Panhandle. A lot with the appearance of a "frying pan" or "flag staff" in which the handle is most often used as the point of access to a road.

98) Lot, Through. A lot which fronts upon two (2) parallel roads or which fronts upon two (2) roads which do not intersect at the boundary of the lot and which has no rear lot line.

99) Lot, Width. The horizontal distance between the lot lines along a line parallel to the front lot line at the minimum required building setback line.

100) Lot Line. A line of record bounding a lot that divides one lot from another lot or from any right-of-way or from any other public space.

101) Main Street Retail Center. A building or buildings housing an attached row of shops totaling at least 25,000 square feet of retail space managed as a coherent retail entity. The center may contain a mix of general merchandise, specialty stores, personal services, entertainment & dining, a large-format specialty retailer, multiplex cinemas, and/or small department stores. The retail layout and character of the center reflects a pedestrian-oriented "Main Street".

102) Major Thoroughfare Plan. The existing and proposed road network within and adjacent to the City adopted by the Council.

103) Massage Service. A business licensed under State law for the manipulation, rubbing, stroking, kneading, or tapping of body tissues for remedial or hygiene purposes either with the hand or an instrument.

104) Medical Services. The provision of medical, dental, surgical, or other health related services to individuals, including medical out-patient clinics, medical laboratories, dental clinics, dental laboratories, hospital supplies and opticians.

105) Mixed Use Development. A track of land, buildings, or structured development for two or more different uses such as, but not limited to, residential, office, manufacturing, retail, public, or entertainment.

106) Mobile Home Park. A parcel of land used, designated, developed, and maintained to accommodate two or more mobile homes for long term residential occupancy by rental of space or condominium ownership.

107) Motel. A building or group of buildings containing guest rooms or suites, with each room or suite usually having separate inside or outside entrance.

108) Night Club. A commercial establishment dispensing food and alcoholic beverages for consumption on the premises and in which dancing, and/or live entertainment including, but not limited to, magicians, musicians, or comedians are permitted.

109) Nonconforming Building or Structure. A building or structure the size, dimension, or location of which was lawful prior to the adoption or amendment of this Code, and which after adoption or amendment of this Code, fails to conform to the present requirements of the district in which it is located.

110) Nonconforming Lot. A lot which was legally subdivided and recorded among the County land records prior to the adoption or amendment of this Code, and which after adoption or amendment of this Code, fails to comply with the dimensional requirements of this Code.

111) Nonconforming Use. Any use lawfully being made of any land, building or structure, other than a sign, on the effective date of this Code, or any amendment to it rendering such use nonconforming which does not comply with all of the regulations of this Code, or any amendment hereto, governing use for the zoning district in which such land, building or structure is located.

112) Office. Any room, studio, clinic, suite or building wherein the primary use is the conduct of a business such as, but not limited to: accounting, correspondence, research, editing, administration or analysis; or the conduct of a business by salesman, sales representatives or manufacturers representatives; or the conduct of a business by professionals, such as engineers, architects, land surveyors, artists, musicians, lawyers, accountants, real estate brokers, insurance agents, dentists or physicians, urban planners and landscape architects. An office shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing, repair or storage of materials, goods and products; or the sale and/or delivery of any materials, goods or products which are physically located on the premises. An office shall not be deemed to include a veterinary service or animal hospital.

113) Office Building. A building with one or more offices.

114) Open Space. Areas of trees, shrubs, grass, pathways and other natural and man-made amenities not within individual building lots, set aside for the use and enjoyment of residents, visitors and other persons, unoccupied by buildings or facilities unless related to recreational activities, and accessible to and adequate for the persons and functions it is designed to serve.

115) Overlay District. A district superimposed over an underlying zoning district to which both districts are applicable to regulating the use of the property.

116) Parcel. A designated area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon as a unit. "Parcel" shall include the words "lot" and "plot".

117) Performance Standards. A set of criteria or limits relating to elements, which a particular use or process may not exceed.

118) Personal Service. Establishments primarily engaged in providing services, including the care of a person or his or her apparel, such as, but not limited to, cleaning and garment services, which are deemed to be establishments for the mechanical cleaning of garments, linen supply, diaper service, coin-operated laundries, carpet and upholstery cleaning, photographic studios, beauty shops, barber shops, shoe repair, steam baths, reducing salons and health clubs, travel agent, clothing rental, locker rental, porter service, optician, and tailor.

119) Planned Unit Development. A residential project which incorporates or combines reduced lot and area requirements with open space use as a substantial portion of the remaining land and designed, developed, and maintained in accordance with the Special Development Regulations of this Code.

120) Planning Commission. The City of Aberdeen Planning Commission, established pursuant to Article 66B of the Annotated Code of Maryland, comprised of seven (7) members appointed by the Council and who provide recommendations to the Council in regard to land use and development matters.

121) Plat. A map showing the location, boundaries, and ownership of individual properties planned and developed as a single project.

122) Porch. A covered entrance to a building usually with a separate roof.

123) Portico. A colonnade or covered area often at the entrance of a building.

124) Professional Services. The services by members of any profession, including but not limited to accountants, architects, chiropractors, dentists, doctors, engineers, lawyers, ophthalmologists, optometrist, osteopaths, psychologists, or social workers.

125) Public Utilities. Utility facilities owned by a governmental agency, private organization, or public utility defined under State law, maintained and operated for the benefit of the general public, including water and sewer systems, water towers, pumping stations, solid waste transfer stations, electrical transmission lines, microwave facilities, and interstate & intrastate pipelines.

126) Public Utility Substation. A configuration of high voltage electrical equipment, consisting of but not limited to: power circuit breakers, switches, transformers with associated connections, lighting masts, control house, structures with related foundations, the purpose of which is to transform the electrical voltage from one level to another or to function as a switching point for two or more circuits of equal voltages. This equipment may be enclosed by a fence or other barrier.

127) Recreational Vehicle. A vehicular-type unit which is designed for recreation, camping or travel use, which either has its own motor power or is mounted on or drawn by another vehicle, and which, in general, is of such size and weight as not to require special highway movement permits when drawn by a passenger automobile or a pickup truck.

128) Recycling Facility. A facility in which used materials are separated and/or stored or compacted or crushed prior to shipment for recovery or reuse of those materials.

129) Repair Shop, Motor Vehicle. Any building, premise, and/or land in which or upon which a business, service, or industry involving the maintenance, servicing, repair, or painting of motor vehicles is conducted or rendered.

130) Restaurant. Any building, structure, or portion thereof, where food is sold for consumption on or off the premises, including but not limited to a cafÃ©, coffeehouse, tea room, or dining room. A snack bar or other refreshment stand shall not be deemed a restaurant.

131) Restaurant, Drive-Thru. Building, structure, or portion thereof, designed to sell prepared food and beverages to patrons in vehicles.

132) Retirement Community. A senior living community, retirement community, assisted living community, continuing care retirement community, independent living community, or similar community that offers a combination of independent living, assisted living, or nursing.

133) Right-of-Way. A strip of land acquired by reservation, dedication, or condemnation and intended to be occupied by a road, crosswalk, sidewalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary or storm sewer and other similar uses.

134) Road. A right-of-way which has been improved and is intended for motor vehicle traffic and provides access to property.

135) Sanitary Landfill. A site for solid waste disposal based on sanitary engineering design.

136) Satellite Dish. An antenna and attendant processing equipment for the purpose of sending and receiving electronic signals from satellites.

137) Screening. A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, or berms.

138) Seasonal Sales. Products that are primarily sold during a particular season of the year, e.g. Christmas trees, locally grow produce, championship merchandise, fireworks, holiday flowers, and snowballs.

139) Setback. The required minimum distance from the road right-of-way or any lot line that establishes that area within which principle buildings or structures must be erected or placed.

140) Shed. A storage facility, under 500 square feet in size, constructed as an accessory structure incidental and subordinate to the use of the principal building not to include shipping containers or tractor trailer bodies.

141) Shoppers Merchandise. Retail or wholesale establishments commonly referred to as department stores, discount stores, pharmacies, outlet stores, variety stores and supermarkets shall be regulated as shoppers merchandise.

142) Shopping Center. Six (6) or more business uses, and with a building gross floor area of at least twenty thousand (20,000) square feet, and located in a particular zoning district (see Section 34. Shopping Centers for detailed requirements).

143) Sign. (See Aberdeen Sign Code.) Any device for visual communication which is used for the purpose of bringing the subject thereof to the attention of the public, but not including when standing alone, a flag, emblem, badge, or insignia of any governmental unit.

144) Sight Triangle. The area at the corner of a lot fronting on two streets, which shall remain unobstructed for sight distance purposes.

145) Site Plan. A plan, to scale, showing uses and structures proposed for a parcel of land as required by this Code. It includes lot lines, streets, building sites, reserved open-space, buildings, major landscape features (both natural and man-made), and existing and proposed utility lines.

146) Special Exception. A use which is subject to approval by the Board in a particular district only upon showing that such use in a specific location will comply with the conditions and standards for the location or operation of such use as specified in this Code.

147) Specialty Store or Shop. A retail store which carries only one (1) type of interrelated goods, including but not limited to bookstores, candle shops, cosmetic shops, florist shops, gift shop, hobby and craft supply shops, import shops, jewelry shops, key shops, liquor stores, newspaper and magazine shops, novelty shops, pet stores, photographic shops, souvenir shops, and stationery shops.

148) Story. That portion of a building between the surface of any floor and the surface of floor above it, or, if there is no floor above it, then the space between the floor and the ceiling, including basements.

149) Street. (See Road) A right-of-way which has been improved and is intended for motor vehicle traffic and provides access to property.

150) Structure. A combination of materials to form a construction for use, occupancy, or ornamentation whether installed, below or above the surface of land or water.

151) Subdivision. The division of a parcel or tract of land into two (2) or more new parcels. The process of subdividing is regulated by the provisions found in this Code.

152) Swimming Pool. Any portable or permanent structure containing a body of water 36 inches or more in depth for recreational purposes, either above ground and in ground pools.

153) Tattoo Parlor. A structure housing a business for the purpose of placing tattoos on the skin.

154) Temporary Use. A use permitted for a fixed period of time as specified in this code with the intent to discontinue such use upon the expiration of a period of time, or a use which occurs on a periodic basis and is not continuous.

155) Transit Center. A central location for inter-modal transit such as buses, trains, taxis, and complimentary retail and service facilities.

156) Truck Terminal. Land and building used for transfer of a load from one vehicle to another. The facility may include storage areas for trucks or for the repair of trucks associated with the facility.

157) Use. The purpose or activity for which land, buildings, or structures are designed, arranged, or intended, or maintained, or occupied.

158) Vehicle. A carriage or conveyance on wheels.

159) Wetland, Non-Tidal. An area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation, and is determined according to the Corps of Engineers Wetlands Delineation Manual, 1987 and any amendments thereto.

160) Yard. An open area between a lot line and the setback line within which no structures shall be located except as provided by this Code. The Zoning Administrator shall have the right to designate the front, side and rear yards on a particular parcel.

161) Zoning Administrator. The officer designated by the Council to administer the Development Code and issue zoning permits. The Director of Planning and Community Development shall be the Zoning Administrator, as an agent for the City.

162) Zoning Map. The Zoning Map of Aberdeen, Maryland adopted by the Council as the comprehensive zoning map of the City.

SECTION 8: INTERPRETATION OF CODE

The terms and provisions of this code shall be interpreted to implement the general purposes of this Code as set forth in Section 3. In addition to the rules applicable generally to the construction of the code the following Rules of Construction shall apply:

6) The words "includes" or "including" does not limit a term to the specified examples but is intended to extend the term s meaning to all other instances or circumstances of similar kind or character.

7) The word "city" means the City of Aberdeen, Maryland. The word "state" means the State of Maryland. The term "Charter" refers to the Aberdeen Charter approved by the voters of the city, and all amendments thereto.

8) If a term is defined in the City Subdivision Regulations or the City Building Code, it shall have the meanings specified in the Subdivision Regulations, Sign Code, Architectural Design Guidelines, or Building Code unless specifically defined in this code.

9) The terms "Mayor and Council," "Board of Appeals," "Council," "Director of Planning," "Planning Commission," "City Attorney" and "Zoning Administrator" mean the respective boards, officers, officials and department heads of the city. The term "Council" shall include the Mayor and Council.

10) All words, other than the terms specifically defined herein, shall have the meanings inferred from their context in this code and if not defined by this Code refer to Webster's New Universal Unabridged Dictionary for their definition.

11) Conflicting regulations. The provisions of this code shall be held to be minimum requirements. Where this code imposes a greater restriction than is imposed or required by other provisions of law or other rules, regulations, ordinances or by private restrictions, the provisions of this code shall control. If there are conflicting provisions within the Code the most restrictive shall apply.

12) Applicability of other laws. Notwithstanding the provisions of this code, any development shall be subject to the provisions of the subdivision regulations, and any other activity requiring the issuance of a permit, license, grant or approval shall be subject to the applicable law.

13) If any building, structure or use is not specifically listed, the use that is most similar to the proposed uses shall apply.

ADMINISTRATION AND ENFORCEMENT

SECTION 9: THE DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT

The Director of Planning and Community Development shall be the Zoning Administrator. The Zoning Administrator or duly approved designee shall be vested and charged with the power and duty to:

SECTION 10: PLANNING COMMISSION

SECTION 11: BOARD OF APPEALS

6) Meetings, notice and hearings.

7) In addition to such other rules and regulations as may be adopted by the Board, the hearing shall be conducted as follows:

8) The Board may impose such conditions regarding the locations and other features of the proposed structures or uses as it may deem necessary, consistent with the purposes of the code, the limitations, guides, and standards and the laws of the city and state.

9) Decision of the Board.

10) An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Board that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by restraining order of the Board or a court of competent jurisdiction, on application after notice to the Zoning Administrator and on good cause shown.

11) If the application is disapproved by the Board or is dismissed for failure of the applicant to pay costs, then the Board shall take no further action on another application for substantially the same relief until six months from the date of such disapproval or dismissal, whichever shall last occur.

12) A Special Exception use may be granted by the Board only upon proof by the applicant that:

13) Variances. Criteria for approval of variances from the provisions or requirements of this Code may be granted if the Board finds that:

14) No fees shall be applied to applications for amendment of special exceptions or variances.

15) Appeals from a decision of the Board may be filed by any interested person to the Circuit Court in the manner prescribed by law within 30 days from the date of the Board's decision.

16) A fee shall be charged for filing and handling each application or appeal provided for in this Article, in an amount to be determined by the Council. The costs of appeal, including the transcript, shall be borne by the applicant.

17) The Board, upon application for an interpretation of the Development Code or Zoning Map, after notice to the owners of the properties affected and public hearing, may render an interpretation.

SECTION 12: LIMITATIONS, GUIDES, AND STANDARDS

SECTION 13: ZONING RECLASSIFICATION

4) A concept plan shall be submitted with the application. The concept plan shall illustrate the proposed general nature and distribution of land uses but need not include drawings prepared by an engineer.

5) The Planning Commission shall review applications for rezoning and submit its recommendation to the Council prior to public hearing.

6) Notice of public hearing shall be provided thirty (30) days prior to the scheduled hearing. A complete record of the hearing and the votes of all the Council shall be kept.

7) The Council shall make findings of fact in each specific case, including but not limited to the following matters: population change, availability of public facilities, present and future transportation patterns, compatibility with existing and proposed development for the area, the recommendation of the Planning Commission and the relationship of such proposed rezoning to the Comprehensive Plan.

8) The Council may grant the amendment based upon a finding that there was a substantial change in the character of the neighborhood where the property is located since the last comprehensive zoning, or that there was a mistake in the last comprehensive zoning.

9) Any person aggrieved by the decision of the Council may appeal to the Circuit Court for Harford County within 30 days from the date of the decision.

SECTION 14: ZONING OF ANNEXED AREAS

SECTION 15: COMPREHENSIVE ZONING REVIEW

SECTION 16: VIOLATIONS AND PENALTIES; ABATEMENT

ZONING DISTRICTS

SECTION 17: MAPS OF ZONING DISTRICTS

SECTION 18: ZONING DISTRICTS AND BOUNDARIES

In conformity with the purposes of this code, the following zoning districts are established:

13) Integrated Business District.

d) Building Setbacks.

e) Height. To maintain the ambiance and scale of the IBD, the maximum height of any building shall be as follows:

f) All permitted drive-through lanes for any building in the IBD shall be located at the rear or side of the building. Access and stacking lanes serving the drive-through shall be located at the side or rear of the building.

g) Landscaping. The district shall include landscaping to soften and accentuate the built environment, enhance the streetscape, form public spaces, provide shade and reduce glare, improve the quality of the natural environment, reduce visual blight and noise, and break up the impervious surface of parking lots. The development plan shall make maximum feasible use of the existing natural systems and features. See the Aberdeen Overlay District Regulations and Design Requirements.

h) Parking.

i) Open space. Open space may be designed for active recreation, passive recreation, pathways (other than sidewalks), conservation areas, and/or natural buffers.

j) Permitted uses in the Integrated Business District: (See Appendix A)

k) Mixed-Use Development within the Integrated Business District. The purpose of the mixed-use development (MXUD) within the Integrated Business District is to provide for a mix of residential, recreational and commercial uses in a compatible manner where the object is to promote creativity of design, flexibility among uses and design schemes which create appeal within the district.

ii) Parking may be reduced to allow shared parking between uses. Connectivity between parking lots shall be required.

iii) Height. To maintain the ambiance and scale of the mixed-use development and the Integrated Business District, the maximum height of any building shall be as follows:

iv) Building Setbacks.

v) Open space. Open space may be designed for active recreation, passive recreation, pathways (other than sidewalks), conservation areas, and/or natural buffers.

vi) Landmark structures shall be permitted in the mixed-use development, and the Architectural Review Committee shall have design approval.

vii) Permitted uses in the mixed-use development. All uses permitted in the Integrated Business District shall be permitted in the mixed-use development with the following additional uses: (See Appendix A)

viii) Procedures for review and approval. The application procedures for development in the mixed-use development are as follows:

ix) Concept plan submission. A preliminary consultation shall be held between the Director of Planning and Community Development and the applicant or developer. The application shall be accompanied by a concept plan prepared in accordance with the requirements as specified herein. The concept plan shall be to scale and contain sufficient information to establish the identity of proposed uses, grades, and approximate dimensions, and locations of proposed structures, streets, parking areas, walkways, easements, and property lines. It shall include the following information:

x) The proposed development conforms to all applicable standards set out in this section for such projects;

xi) The proposed development conforms to this section, including those provisions of the section relating to the design and location of commercial or residential projects;

xii) The proposed development, in conjunction with existing and reasonably anticipated development in the neighborhood surrounding the site, will not interfere with the adequate and orderly provision of public services to the area;

xiii) The proposed development, in conjunction with existing and reasonably anticipated development in the neighborhood surrounding the site, will not cause unacceptable traffic congestion or hazards either in or near the site or elsewhere in the City or Harford County;

xiv) The proposed development is planned in such a manner as to protect features of historical, cultural, or ecological importance;

xv) The proposed development is compatible with existing development in the surrounding neighborhood and with development reasonably anticipated to occur in the neighborhood in terms of size, scale, design, and appearance or, if the proposed development is not so compatible, the proposed development design contains adequate screening, landscaping and similar features to protect the surrounding neighborhood;

xvi) The proposed development shall not adversely affect the value of property in the neighborhood surrounding the site.

xvii) The proposed development is in accordance with the adopted Aberdeen Comprehensive Plan, Zoning Code, and Overlay District Regulations and Design Requirements.

xviii) The plan is internally and externally compatible and harmonious with existing and planned land uses and the transportation network in the area.

xix) Existing or planned public facilities are adequate to service the proposed development.

xx) The development-staging program is adequate in relation to the provision of public facilities and private amenities to service the proposed development.

l) Mayor and Council action. The Mayor and Council shall consider the recommendations of the Planning Commission and approve or disapprove the concept plan based on the standards set forth above. The concept plan shall be reviewed and approved or disapproved within 90 days from the date of submission to the Director of Planning and Community Development.

m) Preliminary site plan. Upon Mayor and Council approval of a concept plan in the mixed-use development, 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 Zoning Code, Subdivision Regulations, and the Aberdeen Overlay District Regulations and Design Requirements for review by the Department of Planning and Community Development staff and the Architectural Review Committee prior to review and recommendation by the Planning Commission.

n) The Planning Commission shall hold a review of the Department of Planning and Community Development staff and Architectural Review Committee recommendations and make recommendations to the Mayor and Council on the preliminary site plan upon finding that the preliminary site plan accomplishes the purposes and minimum standards and requirements of the Integrated Business District and Mixed-Use Development, and is consistent with the previously approved concept plan.

14) I-95 Overlay District. The purpose of this district is to provide a planned unit development of high quality single family residences, office, research and educational uses in a campus like setting and complimentary commercial/recreational uses. The Ripken Stadium and Ripken Academy are the major landmarks for this district and will attract interests across the United States and around the world. Thus, the principle vision for this area is to attract new development that will compliment the strong aesthetic appeal of the Ripken complexes. The I-95 Overlay District boundaries are described as the properties bordering Rt. 22 (Churchville Road), Gilbert Road and I-95 located within the current City corporate limits. This district is subject to design requirements.

SECTION 19: USE TABLES

See Appendix A for uses principally permitted and permitted by special exception within each district.

PROVISIONS APPLICABLE TO ALL DISTRICTS

SECTION 20: GENERAL LOT REQUIREMENTS

2) Construction of any building or portion thereof, outside the buildable area of the lot shall not be permitted.

3) Access to Public Street. Every lot shall front on a public street and shall have the minimum width at the building setback line required for the zoning district. No panhandle lot shall be permitted. All new dwellings will be constructed on an improved road and have access to a sidewalk on either or both sides of the improved road in front of the residence.

4) Sight Triangle.

SECTION 21: LOT AREA, WIDTH AND YARD REQUIREMENTS

Table I specifies the minimum lot area, width and yard requirements to be provided in the various Residential Zoning Districts for the principal uses enumerated. Table II specifies the minimum lot area, width and yard requirements to be provided in the various Commercial and Industrial Zoning Districts for the principal uses enumerated.

TABLE I: LOT AREA, LOT WIDTH and YARD REQUIREMENTS for RESIDENTIAL ZONING DISTRICTS

Side Yards
Least Width (ft.)	Sum of Widths (ft.)
Dwelling, Detached, Single Family R-1	15,000	100	15,000	40	50	15	30
Dwelling, Detached, Single Family R-2	7,200	60	7,200	30	40	10	20
Dwelling, Detached, Single Family R-3	5,000	50	5,000	25	35	7	14
Dwelling, Semi-Detached or Two Family R-2	9,000	80	4,500	30	40	14	28
Dwelling, Semi Detached or Two Family R-3	7,000	70	3,500	25	35	12	24
Dwelling, Quad or Garden Apartments, Multi-Family 1 to 2 Stories R-3	7,500	75	2,500	25	35	10	25
Dwelling, Quad or Garden Apartments, Multi-Family 2 to 3 Stories R-3	7,500	75	2,500	25	35	10	25
Dwelling, Mid-Rise Apartments, Multi -Family Over 3 Stories R-3	7,500	75	2,500	25	35	10	25
Dwelling, Zero Lot Line R-2	5,500	55	5,500	30	40	0	25
Dwelling, Zero Lot Line R-3	4,500	50	4,500	25	35	0	20
Dwelling, Town houses Per Unit R-3	2,500	20	2,500	25	35	None	None
Churches R-1	3 Acres	200	N/A	40	50	25	50
Churches R-2	3 Acres	200	N/A	30	40	25	50
Churches R-3	3 Acres	200	N/A	25	40	25	50
Schools	3 Acres	200	N/A	40	50	25	50

TABLE II: LOT AREA, LOT WIDTH and YARD REQUIREMENTS for COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS

Side Yards

Least Width (ft.)

Sum of Widths (ft.)

B-1

N/A

25*

B-2

N/A

10*

B-3

N/A

25*

M-1

1 acre

200

50*

25*

50*

M-2

1 acre

200

50*

30*

70*

IBD

*See Section 30. Buffer Yard Requirements

SECTION 22: MINIMUM FLOOR AREA

TABLE III: MINIMUM FLOOR AREA REQUIREMENTS FOR DWELLING UNITS

	AREA REQUIRED PER UNIT (sq. ft.)
DWELLING TYPE	1 STORY	1 1/2 to 2 1/2 STORIES
Dwelling, Detached Single Family R-1	1,200	1,400
Dwelling, Detached Single Family R-2	900	1,000
Dwelling, Detached Single Family R-3	720	900
Dwelling, Semi-Detached or Two Family R-2	900	1,000
Dwelling, Semi-Detached or Two Family R-3	720	900
Dwelling, Quad or Garden Apartments,Multi-Family	500 sq. ft. Minimum per Unit	500 sq. ft. Minimum per Unit
Dwelling, Town houses	720	900

DWELLINGS LOCATED IN OTHER THAN RESIDENTIAL ZONING DISTRICTS SHALL COMPLY WITH THE MINIMUM FLOOR AREA REQUIREMENTS OF THE "R-3" RESIDENTIAL DISTRICT.

SECTION 23: GENERAL YARD REQUIREMENTS

For irregular lots the front, rear and side yard widths shall be measured from the portion of structure closest to the lot line.

Exceptions and Modifications to minimum requirements for Projections into Yards. The following structures shall be allowed to project into the minimum required yard setback not to exceed the following dimensions:

Fences and hedges may be located in required yards in accordance with the following:

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Aberdeen Development Code

APPROVED 9/18/06