§ 18-10-126. Dwellings, multifamily.
   (1)   Multifamily dwellings in a commercial district shall comply with all of the following requirements.
      (i)   Except as provided in paragraph (iii), net density may not exceed 12 units per acre in a C1 District, 22 units per acre in a C2 District, or 15 units per acre in a C3 District.
      (ii)   Except as provided in paragraph (iii), the development shall include commercial uses that equal at least 25% of the floor area in a C1 District, 50% of the floor area in a C2 District, and 50% of the floor area in a C3 District.
      (iii)   In a C3 District, on a site with 20 or more dwelling units located in the BWI/Fort Meade Growth Area, as shown on the official map adopted by the County Council, entitled “BWI/Fort Meade Growth Area, 2016”. The commercial uses required under paragraph 2 of this section may be replaced with multifamily dwellings subject to the following requirements:
         1.   The property shall be encumbered by a recorded restrictive covenant enforceable by the County or its designee that shall:
            a.   require that not less than 10% of the dwelling units be set aside for occupancy by 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; and
            b.   restrict the occupancy of the units set aside to eligible households for at least 10 years for home ownership units and at least 30 years for rental units; and
         2.   density is limited to 44 dwelling units per acre for the site.
      (iv)   If commercial uses are included within a multifamily dwelling, the dwelling units shall have entrances that are separate from the entrances to the commercial uses.
   (2)   Multifamily dwellings in an R1, R2, and R5 district shall comply with the following requirements.
      (i)   Multifamily dwelling units shall be adult independent dwelling units.
      (ii)   The development shall be served by public water and sewer.
      (iii)   The bulk regulations contained in the following chart shall be met.
Maximum coverage by structures and parking
45% of gross area of the site
Minimum setbacks for principal structures:
Front lot line
20 feet
Side lot line
15 feet
Corner side lot lines
20 feet
Rear lot line
30 feet
Minimum distance between multifamily structures located on the same lot (closest projecting edge):
Facades with windows
30 feet
Facades that are windowless
15 feet
Structure with eight or more dwelling units with facades that are windowless
30 feet
Minimum setbacks for accessory structures other than sheds that do not exceed 64 square feet in area and eight feet in height:
Side and rear lot lines
7 feet, or for structures less than 8 feet in height (other than swimming pools, tennis courts, basketball courts, and similar private recreational facilities accessory to single-family detached, duplex, or semi-detached dwellings), 5 feet
Corner side lot line
15 feet
Maximum height limitations:
Principal structures
45 feet
Accessory structures
20 feet or the height of the principal structure, whichever is less
Maximum length of a single elevation
200 feet
Maximum net density
In accordance with the requirements of the district in which the development is located
 
(Bill No. 4-05; Bill No. 78-05; Bill No. 8-15; Bill No. 75-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 90-20; Bill No. 2-21; Bill No. 81-22; Bill No. 15-23; Bill No. 3-24; Bill No. 17-24; Bill No. 20-24)