§ 32-4-409. PANHANDLE DRIVEWAYS.

(a)

In general.

(1)

The county may only allow a panhandle lot:

(i)

To achieve better use of irregularly shaped parcels;

(ii)

To avoid development in environmentally sensitive areas;

(iii)

Where the lot will not be detrimental to adjacent properties; and

(iv)

Were the lot will not conflict with efforts to provide for public safety and general welfare.

(2)

The county may only allow a panhandle driveway where necessary to provide access to interior lots where a public road is neither feasible nor desirable.

(b)

In-fee strip; required.

(1)

Except as provided in subsection (c) of this section, the county may permit a panhandle lot if the lot includes an in-fee strip of land for access to the local street.

(2)

Panhandle fee strips shall be a minimum of:

(i)

20 feet in width to serve one lot;

(ii)

12 feet in width per lot where two lots are involved;

(iii)

10 feet in width per lot where three or more lots are involved; or

(iv)

12 feet in width per lot where there are two or more lots in a development that is within the metropolitan area where public water and sewer services are available, planned, or considered.

(c)

Same; exception. In cases where a right-of-way has been established before the submission of the Development Plan, the Hearing Officer may approve access to the local street or collector street through the existing right-of-way instead of an in-fee strip.

(d)

Panhandle driveways.

(1)

A single panhandle driveway may serve up to five dwellings, three of which may be on internal lots not adjacent to the local street or collector street.

(2)

Panhandle driveways serving lots greater than 20,000 square feet may serve five internal lots plus two dwellings on the front lots adjacent to the panhandle driveway and the local street or collector street.

(3)

Front lots are not required to be part of the panhandle driveway development.

(4)

Notwithstanding the provisions of § 32-4-107 of this title, the requirements of this subsection may not be waived.

(e)

Length of panhandle in DR and RC zones.

(1)

In a DR zone, the panhandle length may not exceed 500 feet.

(2)

In an RC zone, the panhandle length may not exceed 1,000 feet.

(3)

The maximum permitted length of a panhandle is subject to variance under § 307 of the Baltimore County Zoning Regulations.

(f)

Panhandle driveways serving multiple lots.

(1)

For panhandle driveways serving more than one lot, the developer shall note on the record plat any covenants that provide for common use and maintenance of the panhandle driveway and culvert.

(2)

A use in common agreement is established if the panhandle driveway serves two or more abutting panhandle lots.

(g)

Dwelling orientation on panhandle lot.

(1)

The orientation of the dwelling on each panhandle lot shall be indicated on the Development Plan.

(2)

The dwelling shall be oriented to establish a desirable relationship between:

(i)

Each of the proposed dwellings and existing adjacent homes; and

(ii)

The proposed dwellings themselves.

(h)

Panhandle driveway and street intersection; requirements. At the intersection of the panhandle driveway and the street, the following shall be provided by the developer:

(1)

A paved trash collection area that:

(i)

Is located at the right-side intersection of the panhandle driveway and public road, as the driveway is exited; and

(ii)

Is at least 16 square feet per dwelling unit served by the panhandle driveway;

(2)

A mail delivery area that is located at the left intersection of the panhandle driveway and public road, as the driveway is exited; and

(3)

Numerical identification of each dwelling served by the panhandle driveway in accordance with § 35-2-206 of the Code.

(i)

Construction of panhandle driveway.

(1)

The panhandle driveway shall be built in accordance with standards established by the Director of Public Works.

(2)

The panhandle shall be paved within 1 year of the issuance of the first occupancy permit or before the issuance of the occupancy permit of the last lot to be served, whichever comes first.

(3)

In DR zones required utilities shall be provided to all lots to be served by the panhandle before the paving of the panhandle driveway.

(j)

Parking along panhandle driveway. Parking is not permitted along a panhandle driveway.

(k)

Waiver. Except as provided in subsections (d) and (e) of this section, the Director of Planning may grant a waiver from any provision in this section or title if the Director finds:

(1)

That the size, scope, and nature of the subdivision of land into three or fewer lots for residential single-family dwellings does not justify strict compliance with this section;

(2)

That a waiver would be within the scope, purpose, and intent of this section; and

(3)

Compliance with all other county ordinances and regulations.

(1988 Code, §§ 26-168, 26-266) (Bill No. 172, 1989, § 2, 1-26-1990; Bill No. 106, 1990, § 1, 6-29-1990; Bill No. 1, 1992, § 2, 3-2-1992; Bill No. 173-93, § 3, 11-17-1993; Bill No. 61-95, § 1, 6-30-1995; Bill No. 8-96, § 3, 3-23-1996; Bill No. 49-96, § 15, 7-1-1996; Bill No. 38-98, § 4, 6-20-1998; Bill No. 51-99, § 1, 8-26-1999; Bill No. 79-01, § 2, 7-1-2004)