59-A-5.33. Established building line.

   (a)   The established building line, as defined in Section 59-A-2.1, applies only to new buildings in the R-60, R-90, R-150, and R-200 zones.  The established building line does not apply to an alteration or addition to an existing building. 

   (b)   The two or more one-family detached residential buildings considered in determining the established building line must all be:

      (1)   within 300 feet of the side property line of the proposed construction site measured along the street frontage;

      (2)   along the same side of the street;

      (3)   between intersecting streets or to the point where public thoroughfare is denied;

      (4)   in existence or approved by a building permit when the building permit application on the subject property is filed;

      (5)   legally constructed; and

      (6)   not on a through lot if the building on the through lot fronts on a street other than the street fronting the subject property.

   (c)   The established building line is the minimum setback for the zone, unless there are at least two buildings as described in subsection (b) and more than 50 percent of the buildings described in subsection (b) are set back greater than the minimum, in which case the average setback of all the buildings described in subsection (b), excluding those buildings:

      (1)   in the R-200 zone that are or were ever served by well or septic;

      (2)   on the subject property;

      (3)   in a different zone than the subject property;

      (4)   on a through lot that fronts on a street different than the subject property;

      (5)   located on any pipestem, wedge-shaped, or flag-shaped lot; or

      (6)   approved by permit for demolition, except if a building permit was also approved with the same setback,

is the established building line, unless the applicant chooses to calculate the setback as the average setback of the two adjoining lots or the applicant chooses to use the front setback of the existing one-family building that was established before demolition, excluding any approved variance, if the existing building meets the minimum setback of the zone.  All calculations must be based on a survey that is signed and sealed by a licensed engineer or surveyor.  Any building excluded from the established building line restriction must comply with the minimum setback requirement of the zone.

   (d)   New buildings on lots identified by the numbered items in subsection (c) must satisfy the setback requirements of subsection (c), where applicable.

   (e)   Corner lots have two front yards and are subject to established building line standards on both streets.  At the option of the applicant, a corner lot may use front setbacks of the adjoining buildings on both sides of the corner lot.

(Legislative History: Ord No. 13-69, § 2; Ord. No. 15-20, § 1; Ord. No. 15-78, § 1; Ord. No. 16-31, § 2; Ord. No. 17-22, § 1.)

   Editor’s note—Section 59-A-5.3 is quoted in Remes v. Montgomery County, 387 Md. 52, 874 A.2d 470 (2005).

   See County Attorney Opinion dated 8/25/00 describing an established building line as one that does not include a corner lot in the computation, even though the corner lot remains subject to the line.