(b) Maximum height and minimum open area. Maximum height and minimum open area requirements shall apply as follows:
Subarea | Maximum Height (Building Stories) | Maximum Height, if Adjacent to and within 100 Feet of Property not in the Parole Town Center and in the RA, RLD, R1, R2 or R5 Zoning Districts and is a Residential Use (Building Stories) | Minimum Open Area |
Subarea | Maximum Height (Building Stories) | Maximum Height, if Adjacent to and within 100 Feet of Property not in the Parole Town Center and in the RA, RLD, R1, R2 or R5 Zoning Districts and is a Residential Use (Building Stories) | Minimum Open Area |
Core | 8 | 8 | 15% |
Parole North District | 6 | 6 | 15% |
Church Creek District | 6 | 5 | 20% |
Hudson Street Transition | 6 | 5 | 20% |
Housley Road Village | 5 | 3 | 20% |
Gateway Business Mix | 5 | 3 | 20% |
Defense Highway Corridor | 5 | 3 | 20% |
(c) Building height.
(1) Only building stories at street level or higher are included when calculating the number of building stories.
(2) Unoccupied rooftop mechanical space, decorative rooftop treatments, and any exposed walk-out basements below the grade of the primary entrance at street level are not included when calculating the number of building stories.
(3) In the Core, a minimum height of two building stories is required for all structures, except for buildable lots or parcels less than two acres in size existing as of December 8, 2023.
(4) Unenclosed rooftop amenity areas and enclosed rooftop spaces stepped back at least 20 feet from the building facade and comprising less than 25% of a full story floor area are not included when calculating the number of building stories.
(d) Open area requirements.
(1) Open area is calculated based on the gross area of the site.
(2) A minimum of 50% of the required open area shall be green area.
(e) Activity space requirements.
(1) Activity space and open area may overlap.
(2) For nonresidential uses:
(i) one square foot of activity space per 10 square feet of nonresidential structure floor area shall be provided.
(ii) all public outdoor activity space shall be designed and improved to enhance pedestrian circulation areas and to provide effective buffers and visual relief between roads, parking, and buildings. where possible, activity space should connect to any adjacent public pedestrian network.
(iii) where possible, outdoor activity space should be designed to provide effective buffers and visual relief between roads, parking, and buildings.
(3) For residential uses, excluding single-family detached dwellings, one square foot of activity space per four square feet of residential floor area shall be provided.
(4) Activity space may include up to 50% of publicly accessible interior concourses or walkways within an enclosed shopping mall.
(f) Setbacks.
(1) Except as provided in paragraph (2), the following setbacks apply to all buildings:
Subarea | Front | Side | Rear | |
Minimum | Maximum | |||
Subarea | Front | Side | Rear | |
Minimum | Maximum | |||
Core | None | 35 feet | None | None |
Parole North District | None | 35 feet | None | None |
Church Creek District | None | 35 feet | None | None |
Hudson Street Transition | None | 35 feet | None | None |
Housley Road Village | None | 35 feet | None | None |
Gateway Business Mix | 15 feet | 60 feet | None | None |
Defense Highway Corridor | 15 feet | 75 feet | None | None |
(2) Any setback from U.S. Route 50 or Maryland Route 665 shall be 35 feet.
(3) In determining the measurements for setbacks, the following applies:
(i) Front setbacks are calculated from the property line in the location as it will exist after any required dedication of right-of-way.
(ii) Setbacks for a corner lot are subject to § 18-2-304 of this Code, and a side setback may be increased to accommodate a clear sight triangle.
(4) The Planning and Zoning Officer may approve a setback other than one set forth in this subsection in accordance with §§ 17-2-108 or 17-7-909 to accommodate roadway improvements, pedestrian or bicycle facilities, utilities, buffers, preservation of natural environmental features, stormwater management facilities, open area amenities, or other elements in conformance with the Parole Town Center Master Plan.
(g) Noise mitigation; U.S. Route 50 and Maryland Route 665. For residential development or nonresidential development with activity spaces adjacent to U.S. Route 50 or Maryland Route 665, the developer shall:
(1) conduct a noise study using Federal Highway Administration prediction methods to identify the noise mitigation measures that are necessary to reduce highway traffic sound level:
(i) to be at or below 66 dBA in activity areas and at or below 45 dBA in indoor residentially occupied building spaces; and
(ii) where possible, to be at or below 66 dBA in nonresidential activity spaces; and
(2) subject to the results of the noise study, if noise mitigation is required:
(i) include any required indoor noise mitigation measures on the building architectural plans; and
(ii) provide outdoor noise mitigation measures to meet the noise levels set forth in item (1) in an open area maintained by a homeowners association, community association, or council of condominium unit owners and noted on the final plan or the final record plat to be recorded in the land records, or in the absence of an open area, provide a noise mitigation maintenance easement that shall be noted on the final plan or the final record plat to be recorded in the land records.
(Bill No. 64-23)