§ 27-433. R-T Zone (Townhouse).  


Latest version.
  • (a)

    Purposes.

    (1)

    The general purpose of the R-T Zone is to provide for attractive communities with a variety of dwelling types designed to efficiently utilize available land area, public utilities, and public facilities.

    (2)

    The specific purposes of the R-T Zone are:

    (A)

    To provide the maximum possible amount of freedom in the grouping, layout, and design of townhouses and other attached dwellings;

    (B)

    To encourage variety in the design and mix of dwelling unit types, and in site design;

    (C)

    To protect or enhance (where feasible) important or distinguishing natural features of the site through innovative site layout and green area design;

    (D)

    To avoid the monotony of similarly designed or sited rows of attached dwellings commonly known as "row houses," by encouraging variety in the number of dwelling units per building group and the relationship between building groups and parking;

    (E)

    To provide the maximum possible amount of visible open space for the development;

    (F)

    To provide recreational and other community facilities which are normally associated with less dense zoning categories and are easily accessible to all residents;

    (G)

    To permit the greatest possible amount of freedom in the type of ownership of attached dwelling unit development;

    (H)

    To prevent detrimental effects on the use or development of adjacent properties and the neighborhood; and

    (I)

    To promote the health, safety, and welfare of the present and future inhabitants of the County.

    (b)

    Uses.

    (1)

    The uses allowed in the R-T 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-T 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)

    Dwellings.

    (1)

    All dwellings shall be located on record lots shown on a record plat.

    (2)

    There shall be not more than six (6) nor less than three (3) dwelling units (four (4) dwelling units for one-family attached metropolitan dwellings) in any horizontal, continuous, attached group, except where the Planning Board or District Council, as applicable, determines that more than six (6) dwelling units (but not more than eight (8) dwelling units) or that one-family semidetached dwellings would create a more attractive living environment, would be more environmentally sensitive, or would otherwise achieve the purposes of this Division. In no event shall the number of building groups containing more than six (6) dwelling units exceed twenty percent (20%) of the total number of building groups, and the end units on such building groups shall be a minimum of twenty-four (24) feet in width.

    (3)

    The minimum width of dwellings in any continuous, attached group shall be at least twenty (20) feet for townhouses, and twenty-two (22) feet for one-family attached metropolitan dwellings. Attached groups containing units all the same width and design should be avoided, and within each attached group attention should be given to the use of wider end units.

    (4)

    The minimum gross living space, which shall include all interior space except garage and unfinished basement or attic area, shall be one thousand two hundred and fifty (1,250) square feet for townhouses, and two thousand two hundred (2,200) square feet for one-family attached metropolitan dwellings.

    (5)

    Side and rear walls shall be articulated with windows, recesses, chimneys, or other architectural treatments. All endwalls shall have a minimum of two (2) architectural features. Buildings on lots where endwalls are prominent (such as corner lots, lots visible from public spaces, streets, or because of topography or road curvature) shall have additional endwall treatments consisting of architectural features in a balanced composition, or natural features which shall include brick, stone, or stucco.

    (6)

    Above-grade foundation walls shall either be clad with finish materials compatible with the primary facade design, or shall be textured or formed to simulate a clad finished material such as brick, decorative block, or stucco. Exposed foundation walls of unclad or unfinished concrete are prohibited.

    (7)

    A minimum of sixty percent (60%) of all townhouse units in a development shall have a full front facade (excluding gables, bay windows, trim, and doors) of brick, stone, or stucco. Each building shall be deemed to have only one "front."

    (8)

    One-family attached metropolitan dwellings shall be designed with a single architecturally integrated "Front Wall." A minimum of one hundred percent (100%) of the "Front Wall", excluding garage door areas, windows, or doorways shall be constructed of high quality materials such as brick or stone and contain other distinctive architectural features.

    (e)

    Streets.

    (1)

    The following requirements shall apply only to the development of townhouses, one-family semidetached dwellings, two-family dwellings, three-family dwellings, and one-family attached metropolitan dwellings:

    (A)

    The tract of land used for the project involving these dwellings shall have frontage on, and direct vehicular access to, a public street having a right-of-way width of at least sixty (60) feet;

    (B)

    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). In a mixed-use activity center designated as a "Transit Village" the width of the private streets may be reduced to a minimum width of twenty-four (24) feet when it is determined that the provision of the minimum width is consistent with a safe, efficient, hierarchical street system. 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;

    (C)

    Private streets shall be common areas conveyed to a homes association, and provisions for maintenance charges shall be made in accordance with Subsection (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

    (D)

    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.

    (f)

    Access to individual lots.

    (1)

    The following requirements shall apply only to the development of townhouses, one-family semidetached dwellings, two-family dwellings, three-family dwellings, and one-family attached metropolitan 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 either be owned by a homes association and approved by the Planning Board, or a dedicated as a 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 six (6) 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.

    (g)

    Utilities.

    (1)

    All utility lines within an attached dwelling unit development shall be placed underground.

    (h)

    Minimum area for the development.

    (1)

    No group of attached dwellings shall be located on a parcel of land containing less than two (2) acres.

    (2)

    The District Council may (when approving the zoning) permit a reduction in this minimum area in order to permit the redevelopment of a deteriorated or obsolescent single-family residential area, or to promote the development of small-scale attached dwelling areas in an attractive, efficient manner. If no rezoning is involved (such as townhouses to be developed in the R-18 Zone in accordance with the R-T Zone), the Council may still permit the reduction if requested (in writing) by the owner of the property.

    (3)

    The applicant shall file the request with the Clerk of the Council. In addition, the applicant shall submit the following:

    (A)

    Four (4) copies of an accurate plat, prepared, signed, and sealed by a registered engineer or land surveyor. The plat shall show:

    (i)

    The present configuration of the property, including bearings and distances (in feet);

    (ii)

    The names of owners of record;

    (iii)

    The name, location, distance to the center line, and right-of-way width of all abutting streets. If the property is not located at the intersection of two (2) streets, the distance to, and name of, the nearest intersecting street shall be indicated;

    (iv)

    The property's lot and block numbers and subdivision name (if any);

    (v)

    A north arrow and scale (no smaller than one (1) inch equals four hundred (400) feet);

    (vi)

    The total area of the property (in either square feet or acres);

    (vii)

    The location of any existing buildings on the property; and

    (viii)

    The subject property outlined in red.

    (B)

    A statement of justification in support of the request;

    (C)

    A statement listing the names, and the business and residential addresses, of all individuals having at least a five percent (5%) financial interest in the subject property;

    (D)

    If any owner is a corporation, a statement listing the officers of the corporation, their business and residential addresses, and the date on which they assumed their respective offices. The same statement shall also list the current Board of Directors, their business and residential addresses, and the dates of each Director's term. An owner that is a corporation listed on a national stock exchange shall be exempt from the requirement to provide residential addresses of its officers and directors;

    (E)

    If the owner is a corporation (except one listed on a national stock exchange), a statement containing the names and residential addresses of those individuals owning at least five percent (5%) of the shares of any class of corporate security (including stocks and serial maturity bonds);

    (F)

    For the purposes of (C), (D), and (E), above, the term "owner" shall include not only the owner of record, but also any contract purchaser;

    (G)

    Any other data or explanatory material deemed necessary by the District Council or the Zoning Hearing Examiner.

    (4)

    Copies of the request and accompanying documents shall be forwarded by the Clerk of the Council to the Office of the Zoning Hearing Examiner and to the Planning Board.

    (5)

    The Planning Board shall submit any comments it wishes to make on the request to the District Council not later than thirty (30) days after the date the petition is referred.

    (6)

    The Zoning Hearing Examiner shall hold a public hearing on the matter in accordance with Part 3, Division 1, Subdivision 2, of this Subtitle.

    (7)

    The Zoning Hearing Examiner shall designate a date for the public hearing and shall notify the applicant of the date.

    (8)

    The District Council shall decide upon the request in accordance with the procedures for oral argument and Council hearings contained in Part 3, Division 1, Subdivision 3, of this Subtitle.

    (9)

    For the request to be approved, the applicant shall establish, and the District Council shall find, that:

    (A)

    The request is for the redevelopment of a deteriorated or obsolescent single-family or multifamily residential area, or will promote the development of small-scale attached dwelling areas in an attractive, efficient manner; and

    (B)

    The integrity of the Area Master Plan or General Plan is preserved.

    (10)

    In approving the requested reduction in area, the Council may impose reasonable conditions.

    (i)

    Common Areas.

    (1)

    If common areas are provided, they shall be conveyed to an incorporated, nonprofit homes association. The association shall be created under recorded land agreements (covenants) which specify that:

    (A)

    Each home owner in a described land area is automatically a member; and

    (B)

    Each home is automatically subject to a charge for a proportionate share of common area maintenance. The recorded covenants shall bind each home owner to pay his proportionate share of all assessments (including taxes), which may be necessary to maintain the common areas. The covenants shall also provide for a personal money judgment procedure against each home owner to meet the assessment charges.

    (2)

    If a Detailed Site Plan shows a common area, the Planning Board (as a condition of plat approval) shall place conditions on the ownership, use, and maintenance of these areas to assure that the areas are preserved for their intended purpose.

    (3)

    Record plats filed on land located in an R-T Zone (or any other zone when developed in accordance with the R-T Zone) shall include a statement of the covenants or other documents concerning the ownership and maintenance of the common area, or shall include the statement by reference to liber and folio.

    (j)

    Front elevation plan.

    (1)

    A front elevation plan (or profile plan) shall be submitted with the Detailed Site Plan. The elevation plan shall show a variation in design of dwellings, or groups of dwellings, sufficient to satisfy the purposes of this Section.

    (k)

    Site plan.

    (1)

    A Detailed Site Plan shall be approved for all attached dwellings, 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:

    (A)

    An identification of two (2) or more dwelling units (at different locations within the proposed development) which have the potential to be made accessible through barrier-free design construction (in accordance with Section 4-180 of Subtitle 4 of this Code), given such site characteristics and design criteria as proposed grading, topography, elevation, walkways, and parking locations; and

    (B)

    The type and location of required streetlights.

    (3)

    In addition to the site design guidelines of Section 27-283, the Planning Board shall also consider the orientation and identification of dwelling units with respect to topography and other site characteristics, so that a variety of potential housing opportunities is provided throughout the proposed development for barrier-free design construction.

(CB-33-1985; CB-1-1989; CB-14-1989; CB-64-1989; CB-55-1996; CB-1-2004; CB-33-2005; CB-37-2006; CB-29-2014)