(a) Uses allowed.
(1) Except as provided in this section, the uses allowed on a property:
(i) are the permitted, conditional, and special exception uses allowed in the underlying zoning district as set forth in Article 18 of this Code.
(ii) in the C2, C3, C4, TC, W1, W2, or W3 Zoning Districts, are any use allowed in the R22 District not otherwise allowed in those districts, as allowed in the R22 District.
(2) Regardless of whether allowed in the underlying zoning district, the following uses are:
(i) permitted uses:
1. dwelling, townhouse;
2. civic facilities, community centers, libraries, and museums;
3. conference centers;
4. country clubs, private clubs, and service and nonprofit charitable organizations;
5. cultural centers and exhibits;
6. parks, public or private;
7. restaurants, taverns, retail sales, and consumer services in a multifamily structure;
8. solar energy generating facility – community, rooftop-mounted, or solar canopies over parking lots or garages; and
9. multi-modal transportation centers.
(ii) conditional uses, subject to the conditions set forth:
1. housing for elderly of moderate means shall consist of rental dwelling units only; shall comply with the conditions set forth in § 18-10-140(8) of this Code; and shall be encumbered by a recorded covenant, enforceable by the county or its designee, that shall comply with the conditions set forth in § 18-10-140(1)(i) and (ii) of this Code.
2. workforce housing consisting of dwelling units of any type or mixture shall:
A. be encumbered by a recorded covenant enforceable by the County or its designee that shall comply with the conditions set forth in § 18-10-174(2)(i) through (iv) of this Code;
B. comply with the conditions set forth in § 18-10-174(8) of this Code; and
C. have home prices set at rates certified by the County or its designee to be affordable to a household with an income that does not exceed 80% of the median income adjusted for household size for the Baltimore Primary Metropolitan Statistical Area, as defined and published annually by the United States Department of Housing and Urban Development.
3. dwellings, semi-detached shall be part of development with townhouses, and shall constitute no more than 10% of the total number of dwelling units.
(3) When the following conditional or special exception uses are allowed in the underlying zoning district, the following conditions apply in addition to any conditions in Article 18 of this Code.
(i) For automobile gasoline stations, gasoline pumps shall be located to the side or rear of a building for properties in the Core, Parole North District, and Church Creek District. Existing or redeveloped gasoline stations are not required to locate gasoline pumps or loading areas to the side or rear of the site.
(ii) Self-service storage facilities in the Core, Parole North District, and Church Creek District shall be located within an enclosed structure with no external access to individual storage units, and on-site loading and unloading facilities shall be located at the rear of a building. Existing self-storage facilities are not required to locate loading areas to the rear of the site.
(iii) Automobile, truck, and recreational vehicle sales in the Core and Parole North Districts shall be located within an enclosed showroom with limited outdoor display of vehicles to the side or rear of the site and screened from the public right-of-way.
(4) When the following are allowed as a conditional or special exception use in the underlying zoning district, the following conditions apply in lieu of any conditions in Article 18 of this Code:
(i) An assisted living facility shall comply with the following requirements:
1. The minimum setback from all property lines shall be 35 feet;
2. An assisted living facility may be operated in conjunction with a nursing home or adult independent dwelling units or both, whether or not owned by the same entity;
3. A nursing home or adult independent dwelling units may be located on the same lot as the assisted living facility or on one or more abutting lots, and, if located on one or more abutting lots, subparagraph (i)1. does not apply to the lot lines shared by such abutting lots;
4. Comprehensive care units may be provided; and
5. Activity spaces shall be located in a manner to shield surrounding residential property from the effects of noise, hazards, or other offensive conditions.
(ii) A child care center other than as a home occupation shall comply with the following requirements:
1. The facility shall be located on a lot of at least one acre for a center with less than 60 children and on a lot of at least two acres for a center with 60 children or more;
2. Outdoor play areas or activity spaces shall be fenced and located to the side or rear of the principal structure, except when adjacent to U.S. Route 50; and
3. Activity spaces shall be located in a manner to shield surrounding residential property from the effects of noise, hazards, or other offensive conditions.
(iii) A nursing home shall comply with the following requirements:
1. The minimum setback from all property lines shall be 35 feet;
2. A nursing home may be operated in conjunction with an assisted living facility or adult independent dwelling units or both, whether or not owned by the same entity;
3. An assisted living facility or adult independent dwelling units may be located on the same lot as the nursing home or on one or more abutting lots, and, if located on one or more abutting lots, subparagraph (iii)1. does not apply to the lot lines shared by such abutting lots;
4. Each access drive shall be located at least 40 feet from any residentially zoned property; and
5. Activity space shall be located in a manner to shield surrounding residential property from the effects of noise, hazards, or other offensive conditions.
(b) Mix of uses. A development may contain a mix of any allowed residential, commercial, light industrial, and civic or institutional uses. The mix of uses may be in a single building or throughout the property and are not required to comply with any other requirements for mix of uses in this Code.
(c) Prohibited uses. The following uses are prohibited, regardless of whether allowed in the underlying zoning district, unless the use was lawfully in existence prior to December 8, 2023:
(1) heavy manufacturing, industrial materials storage or processing, including bone distillation, cement manufacturing, clay and borrow pits and sand and gravel operations, coke or coke products manufacturing, fertilizer manufacturing, latex fabrication, lumber yards, ore storage, petroleum product, storage in excess of 1,000,000 gallons for use by W3 District uses or public utilities, processing sites for clay, sand, and similar materials, rendering plants, rubble processing facilities, and storage of atmospheric gas, coal, or grain;
(2) outside storage as a principal use;
(3) agritourism, bulk storage for agricultural products, and farm tenant houses;
(4) adult bookstores or adult movie theaters;
(5) airports and airfields;
(6) contractor and construction shops and yards;
(7) dwellings, duplex, dwellings, single-family detached, and mobile home parks;
(8) kennels, commercial;
(9) automobile and truck dismantling and recycling facilities;
(10) automobile and truck towing storage yards;
(11) truck stops;
(12) bus storage facilities that are not part of a multi-modal transportation center;
(13) golf courses;
(14) rifle, pistol, skeet, and archery ranges, outdoor;
(15) stables, commercial or community, and riding clubs;
(16) except for rooftop-mounted or solar canopies over parking lots or garages, solar energy generating system – utility scale and community;
(17) composting facilities;
(18) natural wood waste recycling facilities;
(19) recyclables recovery facilities; and
(20) solid waste transfer stations.
(Bill No. 64-23)