§ 27-431. R-35 Zone (One-Family Semidetached, and Two-Family Detached, Residential).  


Latest version.
  • (a)

    Purposes.

    (1)

    The purposes of the R-35 Zone are:

    (A)

    To provide for and encourage variation in the size, shape, and width of one-family semidetached and two-family detached residential subdivision lots, in order to better utilize the natural terrain;

    (B)

    To facilitate the planning of higher density one- and two-family residential developments with small lots and dwellings of various sizes, types, and styles;

    (C)

    To provide for a variety of housing types;

    (D)

    To encourage the preservation of trees and open spaces; and

    (E)

    To prevent soil erosion and stream valley flooding.

    (b)

    Uses.

    (1)

    The uses allowed in the R-35 Zone are as provided for in the Table of Uses (Division 3 of this Part).

    (c)

    Regulations.

    (1)

    Additional regulations concerning the location, size, and other provisions for all buildings and structures in the R-35 Zone are as provided for in Divisions 1 and 5 of this Part, the Regulations Tables (Division 4 of this Part), General (Part 2), Off-Street Parking and Loading (Part 11), Signs (Part 12), and the Landscape Manual.

    (d)

    Streets.

    (1)

    The following requirements shall apply only to the development of one-family semidetached dwellings and two-family detached dwellings:

    (A)

    Private streets which are interior to the project (and are not dedicated to public use) shall be improved to not less than the current standards set forth in Subtitle 23 of this Code which apply to a public, twenty-six (26) foot wide secondary residential street, except that roadside trees are not required (within the street right-of-way). Sidewalks may be omitted when it is determined that there is no need for them. Sidewalks cast monolithically with the curb and gutter shall be permitted;

    (B)

    Private streets shall be common areas conveyed to a homes association, and provisions for maintenance charges shall be made in accordance with Section 27-433(i). (For the purpose of this Section, "private streets" are internal vehicular access roadways serving the development by means of private streets approved pursuant to Subtitle 24 of this Code, except driveways which dead-end within a parking lot); and

    (C)

    Points of access to public streets shall be approved by the County Department of Permitting, Inspections, and Enforcement, State Highway Administration, or other appropriate highway authority, as applicable.

    (e)

    Access to individual lots.

    (1)

    The following requirements shall apply only to the development of one-family semidetached and two-family detached dwellings:

    (A)

    While it is not necessary that each individual lot have frontage on a street, each lot shall be served by a right-of-way for emergency and pedestrian access purposes. The right-of-way shall be either owned by a homes association and approved by the Planning Board, or a dedicated public right-of-way.

    (B)

    If the individual lot does not have frontage on a street, a right-of-way at least sixteen (16) feet wide shall abut each lot. The right-of-way shall be at least twenty-five (25) feet wide if it contains an easement for sanitary sewerage.

    (C)

    Each right-of-way shall contain a sidewalk at least three (3) feet wide, which connects parking areas with the individual lots. The maximum grade of the sidewalk shall generally be not more than five percent (5%). However, when the normal grade of the land exceeds five percent (5%), ramps or steps may be utilized to remain consistent with that grade.

    (D)

    No individual lot shall be more than two hundred (200) feet from a point of approved emergency vehicle access.

    (E)

    For any private street or other access right-of-way to be improved, a permit shall be obtained from the County Department of Permitting, Inspections, and Enforcement. If the right-of-way is located in a municipality which has jurisdiction over street improvements, the municipality shall issue the permit. The permit shall not be issued until construction plans are approved, the permit fees are paid, and a performance bond is posted (with the Department or municipality) guaranteeing installation of all streetlights and completion of all street, other access right-of-way, sidewalk (including those required for access to the front or rear of lots), and parking lot construction. Issuance of the permit and posting of the bond shall authorize the Department of Permitting, Inspections, and Enforcement, or the municipality, to enter the development to complete the construction of the work covered by the bond, if the developer fails to complete the work within the permit period.

    (f)

    Site plan.

    (1)

    Whenever private streets or other access rights-of-way for one-family semidetached or two-family dwellings are proposed (in accordance with the requirements of Subsections (d) and (e), above), a Detailed Site Plan shall be approved for the development, in accordance with Part 3, Division 9, of this Subtitle.

    (2)

    In addition to the requirements of Part 3, Division 9, the Detailed Site Plan shall include the type and location of required street lights.

(CB-1-1989; CB-114-1989; CB-84-1990; CB-47-1996; CB-29-2014)