Appendix K. 1945—1955 ZONING REGULATIONS AND RESTRICTIONS FOR BALTIMORE COUNTY

Latest version.

ADOPTED BY THE COUNTY COMMISSIONERS
OF BALTIMORE COUNTY,
Enabling Acts of the General Assembly of Maryland:

Session of 1941, Chapter 247

Session of 1943, Chapter 877

Session of 1945, Chapter 502

Session of 1947, Chapter 915

	CHRISTIAN H. KAHL, President

	JOHN R. HAUT

	BREMEN A. TRAIL

	County Commissioners of Baltimore County.

Codified Sept. 1, 1948 by

CHAS. H. DOING

Zoning Commissioner of Baltimore County.

1945-1955
ZONING REGULATIONS AND RESTRICTIONS
FOR BALTIMORE COUNTY

ORDERS AND RESOLUTIONS OF THE COUNTY COMMISSIONERS OF BALTIMORE COUNTY ADOPTING ZONING REGULATIONS AND RESTRICTIONS AND AMENDMENTS THERETO TO DATE.

The County Commissioners of Baltimore County having received from the Zoning Commissioner of Baltimore County his Final Reports (as authorized by the aforesaid Act of 1941) recommending the adoption of certain zoning regulations and restrictions with respect to the erection, construction, reconstruction, alteration, repair and use of buildings, structures and land within the confines of Baltimore County, and having given fifteen days' notice in a newspaper of general circulation throughout Baltimore County of the place and time of hearings upon Final Reports and said public hearings having been held before the County Commissioners of Baltimore County, pursuant to said notices, and further continued hearings having been thereafter held thereon, and after thorough consideration, investigation and study, the following zoning regulations and restrictions and amendments were adopted:

ZONING REGULATIONS AND RESTRICTIONS
FOR BALTIMORE COUNTY

SECTION 1 — DEFINITIONS

Words used in the present tense includes the future; words in the singular number include the plural number; the word "shall" is mandatory and not directory.

For the purpose of this Resolution certain terms and words are defined as follows:

Accessory Building: A subordinate building, except structures used exclusively for farm operation, located entirely in and not occupying more than 35 per cent of a rear yard and whose use is wholly incidental to that of the main building on the same lot and which does not exceed 15 feet in height above the ground level. On any lot upon which is located a dwelling any building which is incidental to the conducting of any agricultural use on the same lot shall be deemed to be an accessory building. A trailer shall not be considered an accessory building.

Advertising structures: Any sign, billboard, surface, object or structure used for advertising purposes.

Airport: Any area of land or water designed and set aside for landing or taking-off of aircraft and utilized or to be utilized for such purposes.

Alley: A public way less than 30 feet in width and designated as an alley on either an unrecorded or recorded plat or dedicated as such by deed.

Apartment House: A detached building used and/or arranged for occupancy as dwellings for three or more families as separate housekeeping units. All such housekeeping units shall have unity in use and be supplied, in common, with heat, sewerage and/or other public convenience or utilities.

Basement or Cellar: That portion of a building below the first floor joists the floor of which is more than one-half the clear ceiling height below the adjacent ground.

Building: A structure having a roof supported by columns or walls for the shelter, support, or inclosure of persons, animals, or chattels. When any portion thereof is completely separated from all other portions by a division wall from the ground up to the roof and without any door or other openings, such portion shall be deemed a separate building.

Building Line: A line beyond which the foundation wall of a building shall not project.

Courts: An open, unoccupied space, other than a yard, on the same lot with a building, opening upon a street, alley, yard, lot line or setback, and which is bounded on two or more sides by such building.

10.

Depth of Lot: The mean horizontal distance between the front line and the rear lot line.

11.

Dwelling, Single Family: A detached dwelling arranged or used for occupancy by one family.

12.

Dwelling, Two-Family: A detached dwelling arranged or used for occupancy by not more than two families as separate housekeeping units, and with not more than one entrance on any side. Such a dwelling shall have one housekeeping unit over the other.

13.

Dwelling, Semi-detached: Two (single or two family) dwelling designed and erected, side by side, as a single detached building and with not more than two entrances on any one side, such (single or two-family) dwellings shall be separated by a solid fire-proof partition wall from foundation to roof.

14.

Dwelling, Group House: Not less than three or more than seven (single or two-family) dwellings designed and erected as a single detached building and with not more than one entrance for each (single or two family) dwelling on any one side, such (single or two family) dwellings shall be separated by a solid fireproof partition wall from foundation to roof.

15.

Garage, Private: An accessory building used only for storage of not more than three motor driven vehicles, only one of which may be a commercial vehicle.

16.

Garage, Public-Storage: Garage other than a private garage in which the repair facilities are incidental to its primary use for storage.

17.

Garage, Public Service: A garage other than a private or public storage garage where motor driven vehicles are stored, equipped for operation, repaired, or kept for remuneration, hire or sale.

18.

Height of Building: The vertical distance measured from the average ground level at the front of the building to the highest point of the building.

19.

Home Occupation: An occupation in connection with which there is used no display, (other than signs otherwise herein permitted), that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling; in connection with which there is kept no stock in trade or commodity sold upon the premises, no person employed other than servants or a member of the immediate family residing on the premises, and no mechanical equipment except such as is used for purely domestic or household purposes.

20.

Junk Yard: Any land or area used, in whole or in part, for storage of paper, rags, scrap metal or other junk or for the storage of automobiles not in running condition or for the dismantling of automobiles or other vehicles or machinery.

21.

Lot: Land occupied, or to be occupied, by a building and its accessory buildings, together with such open spaces as may be required under these regulations, having its frontage upon a public street.

22.

Lot, Corner: A lot fronting on and at the intersection of two or more streets intersecting at an angle or not more than one hundred thirty-five (135) degrees.

23.

Lot Lines: Lines bounding a lot. Provided, however, that the lot lines shall conclusively be presumed to be the lines separating the lot from streets and highways.

24.

Non-conforming Use: A building or land occupied by a use that does not conform to the provisions of the regulations for the zone in which it is located.

25.

Setback: The shortest distance between the building line and the street line or lot line.

26.

Story: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it then the space between such floor and the ceiling above it, provided that a cellar shall not be considered a story.

27.

Structural Alterations: Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

28.

Stable, Private: An accessory building used only for the stabling or keeping of horses, and/or other animals, (not more than three in number) for private use only and not for livery or hire.

29.

Stable, Public: An accessory building and/or other building, other than a private stable where horses and/or other animals are kept for livery or hire.

30.

Tourist Cabin Camp: Any land on which there is located or erected one or more cabins, structures, tents or out-buildings, other than trailer or house car or combined trailer and house car, and other than a dwelling on the same premises, which are used for occupied, whether habitually or infrequently, as a dwelling, lodging or sleeping place by one or more persons, and shall include any structure or building used as a service building for such camp or intended for use as part of the equipment of such camp.

31.

Tourist Home: A dwelling used exclusively (other than residence of the family) to provide not more than five rooms for rent to transients.

32.

Trailer: A vehicle used, or intended for use as a conveyance upon the public street or highways, so designed, constructed, reconstructed, or added to by means of portable accessories in such manner as will permit the occupancy thereof as a movable dwelling or sleeping place.

33.

Trailer Camp: Any land upon which, habitually or infrequently, one or more trailer or house cars, when detached from its automobile, or means of locomotion, or a combined car and house trailer, are placed or located, and whether or not used for occupancy as dwelling or otherwise, and shall include any structure or building used as a service building for such camp or intended for use as a part of the equipment of such camp.

34.

Wayside Stand: A temporary structure including tables, or other method for display and sale of farm products or commodities.

35.

Yard: An open space on the same lot as the building and unoccupied and unobstructed from the ground up (except such accessory buildings, or projections as are expressly permitted in these regulations) and not including a court.

36.

Yard, Front: A yard extending across the full width of the lot and measured between the front lot line and the foundation wall of the building.

37.

Yard, Rear: A yard extending across the full width of the lot measured between the rear lot line and the main building.

38.

Yard, Side: A yard extending form the front yard to the rear yard and measured from the side lot line to the building.

39.

Zone: An area for which the regulations governing the use of buildings and land are identical.

SECTION II — ZONES

For the purposes of these regulations, the County is hereby divided into Seven (7) Zones as follows:

"A" Residence Zone — (Cottage)

"B" Residence Zone — (Semi-detached)

"C" Residence Zone — (Apartment)

"D" Residence Zone — (Group)

"E" Commercial Zone.

"F" Light Industrial Zone.

"G" Heavy Industrial Zone.

SECTION III — "A" RESIDENCE ZONE

Use Regulations: In any "A" Residence Zone, except as hereinafter expressly provided, no building or land shall be used and no building or structure shall be hereafter erected, altered, repaired or used except for one or more of the following uses:

Church, parochial school, convent or monastery.

Dwelling, single family.

Dwelling, two-family.

Farming and buildings incidental thereto.

Home Occupations, provided that no sign or signs shall be displayed on the lot so used exceeding a total of two square feet in area, not projecting more than one foot beyond the building, and not illuminated.

Professional office when situated in the building used by practitioner as his or her private dwelling, provided that no name plate shall be displayed exceeding two square feet in area.

Public park or playground.

Public building.

Public water works or reservoir.

10.

Trailer, one unoccupied, for storage only.

11.

Tourist home.

12.

Truck garden.

13.

Accessory building and uses incident to any of the above uses when located on the same lot and in the rear yard and not involving the conduct of a retail business, and which may include:

(a)

Any accessory building when located not less than 60 feet from front lot line and in case of a corner lot where real lot line abuts on side line of lot adjoining on rear, no accessory building shall be less than 25 feet from the side street line except when built as a part of the main building, provided, however, that any accessory building which is erected within 60 feet of any side street line shall not be less than 10 feet from the rear lot line. In case of a corner lot where rear line of lot abuts on rear line of lot adjoining on rear, no accessory building shall be less than 15 feet from the side street line and in no case shall an accessory building be located within two feet of any lot line.

(b)

Poultry house, provided use is of a private nature only and no poultry or eggs are sold, provided, however, that any poultry yard, run or enclosure, shall be, in its entirety, within the rear yard of such lot.

14.

Telephone and telegraph lines, electric light and power lines on public highways or carrying less than 5,000 volts on poles, underground conduits, cables and gas, sewer and water mains and pipes, provided that no building or structure except such poles shall be erected, altered, repaired or used in connection therewith without the issuance of a special permit as provided in Section XIII — Sub-section I.

Height Regulations: No building shall exceed a height of forty feet or three stories.

Area Regulations: The minimum dimensions of yards, and the minimum lot area, except as provided in Section IX, shall be as follows:

Lot Area: Each dwelling hereafter erected shall be located on a lot having an area of not less than five thousand square feet and a width of not less than fifty feet at the front building line. No yard space or minimum area required for a building or use by these regulations shall be considered as any part of the yard space or minimum area for another building or use.

Front Yard: The building line shall set back from the front lot line to provide for a front yard not less than twenty-five feet in depth, provided that when the majority of residential buildings on one side of a street between two intersecting streets, have been lawfully built with different front yard depths than the aforesaid twenty-five feet, then no building hereafter erected or altered shall have a less front yard than the average depth of said actual front yards of buildings immediately to either side of said building; and, provided, further that no building shall be required by the regulations to set back more than fifty feet in any case, and provided further that these regulations shall not be construed as to reduce to less than 22 feet the buildable width of a corner lot.

Side Yard: There shall be a side yard not less than seven feet in width along each side lot line, except in case of a corner lot the side yard along the side street shall not be less than fifteen feet.

Rear Yard: There shall be a rear yard, having a minimum average depth of twenty feet but in no case less than fifteen feet in depth at any one point.

No portion of an alley shall be considered as any part of any side or rear yard.

No dwelling shall be built on a lot which does not abut upon and front directly on a public street, or adequate rural right-of-way.

SECTION IV — "B" RESIDENCE ZONE

Use Regulations: Except as hereinbefore expressly provided, no building or structure or land shall be used and no building or structure shall be hereafter erected, altered, repaired or used except for one or more of the following uses:

Any use permitted in an "A" Residence Zone, any such use to be subject to the same conditions and limitations set forth as to such use in section III-A of these regulations:

Children's Home.

Dwelling — semi-detached.

Fraternity or Sorority House.

Orphanage.

Tea Room, when operated as a home occupation.

Height Regulations: Same as in an "A" Residence Zone, as set forth in Section III-B.

Area Regulations: Same as in an "A" Residence Zone, as set forth in Section III-C, provided, however, that any semi-detached house erected under this Section shall be considered as one building.

SECTION V — "C" RESIDENCE ZONE

Use Regulations: Except as hereinafter expressly provided, no building or structure or land shall be used and no building or structure shall be hereafter erected, altered, repaired or used except for one or more of the following uses:

Any use permitted in the "B" Residence Zone; any such use to be subject to the same conditions and limitations as provided in Section IV-A.

Apartment house.

Public storage garage where no repair facilities are maintained and when located not less than sixty feet from the front lot line and, in the case of a corner lot, thirty feet from the side street line except when contained within the main building and provided further that any accessory building and any detached garage which is erected on a corner lot within sixty feet of any side street line, shall be distant not less than ten feet from the party lot line intersecting such side street line.

Height Regulations: Building height unlimited.

Area Regulations: The minimum dimension of yards and the minimum lot area per family, except as provided in Section X, shall be as follows:

Lot Area Per Dwelling Unit. Same as in "B" Residence Zone, Section IV, except in the case of apartments the minimum gross lot area per dwelling unit shall be six hundred twenty-five square feet.

Front Yard. Minimum front yards for single-family or semi-detached dwellings shall be the same as hereinbefore specified in "A" Residence Zone and "B" Residence Zone respectively, except apartment buildings shall set back to provide for a front yard of not less than 55 feet in depth, measured from the center of the front street, in no case less than 25 feet from the front lot line, and when the building is more than 40 feet in height such front yard depth shall be increased 4 inches for each additional foot of height.

Side Yard: Same as in "B" Residence Zone as set forth in Section IV, except in case of apartments, width of side yards shall be increased above 7 feet minimum by four inches for each foot of building height over forty feet.

Rear Yard: There shall be a rear yard having a minimum depth of twenty feet measured from the rear lot line, such depth to be increased by four inches for each foot of building height over forty feet.

Courts: Apartment building courts shall have a minimum width of fourteen feet plus four inches for each foot of building height over forty feet.

Automobile garage or parking space shall be provided adjacent to all apartment buildings sufficient in area to accommodate one car for each housekeeping unit; not more than 50% of the rear yard to be counted as any part of said parking space.

SECTION VI — "D" RESIDENCE ZONE

Any use permitted in the "C" Residence Zone; any such use to be subject to the same conditions and limitations as provided in Section V.

Group houses.

Height Regulations: Same as "B" Residence Zone.

Area Regulations: The minimum dimensions of yards and minimum lot area per dwelling unit, except as provided in Section IX, shall be as follows:

Lot Area: The minimum width of dwelling units shall be sixteen feet between centers of partition walls, and the minimum lot area per dwelling unit shall be fourteen hundred and forty square feet.

Front Yard: Minimum front yard shall be as hereinbefore specified in "B" Residence Zone.

Side Yard: There shall be a side yard of not less than ten feet along each side of each group of dwelling units.

Rear Yard: There shall be a rear yard having a minimum depth of twenty-five feet.

Accessory Buildings: Accessory buildings shall be permitted without restrictions as to setback from division line of dwelling units or rear property lines.

No group house shall contain more than seven single or two-family dwellings.

SECTION VII — "E" COMMERCIAL ZONE

Use Regulations: Except as expressly provided in subsequent sections, any building or structure or land may be used and any building or structure may be hereafter erected, altered, repaired or used for any use or uses except the following:

Arsenal.

Automobile dismantling or storage of motor vehicles not in running order.

Brick, tile, terra cotta, concrete and cinder block manufacturing.

Code Ovens.

Cooperage.

Contractor's plant for preparation of materials.

Creosote manufacture or treatment.

Dump, either public or private, for disposal of refuse.

Exterminators and insect poisons manufacture.

10.

Gasoline Service (Filling) Station.

11.

Junk Yard.

12.

Machine Shop or Woodworking Plant.

13.

Poultry; commercial killing, dressing and storage.

14.

Railroad yard or round house.

15.

Storage or baling of scrap paper or rags.

16.

Any use listed under Section VIII, "A".

17.

Any kind of manufacture other than manufacturing clearly and exclusively incident to a retail business conducted in the main building on the lot.

18.

All other use for which a special permit is required as hereinafter provided.

Height Regulations: Building height unlimited.

Area Regulations:

The front building line of commercial buildings shall be the front lot line and the side building line shall be the side lot line, provided, however, that when more than 50 per cent of the frontage on one side of any street, between two intersecting streets, is improved with permanent buildings constructed of fire resisting materials and built on a uniform line at a distance from the street line different from that which would be established by this section, then such different setback line shall be deemed to be established by usage and shall prevail. Also provided, however, that the Zoning Commissioner or the Board of Zoning Appeals, upon appeal, shall have the right to require such front and side setbacks as shall be deemed necessary to prevent congestion in the roads, streets or alleys and hazards from fire, panic or other dangers. These setbacks and front yard requirements shall apply also to signs, gasoline pumps and other service station equipment and to articles and structures of every nature whether fixed or movable.

No show window shall extend more than 42 inches beyond the building line and in no case shall a show window extend beyond the front or side street lines.

In all cases where property shall hereafter be laid out and designated for commercial use, there shall be an alley at least 20 feet wide provided in the rear or not less than 10 feet wide on side of such commercial property. Such rear alley shall have unobstructed access its full width to a public street.

Signs: No sign shall extend more than 42 inches beyond the building line nor shall any sign be placed at a height less than 8 feet above the surface of the sidewalk or parking and in no case shall a sign extend beyond the front or side street lines.

The total area of all signs in connection with a single commercial building shall not exceed 100 square feet provided, however, that in case of a corner building an additional 100 square feet of sign area may be displayed facing the side street.

Flush signs or signs not extending more than 42 inches beyond the building line and not exceeding 8 feet in height, shall not require a special permit.

All signs other than those allowed by this section shall require a special permit as hereinafter provided.

All residential structure shall comply with area requirements for such structures as hereinbefore set forth.

SECTION VIII — "F" LIGHT INDUSTRIAL ZONE

Use Regulations: In the "F" Light Industrial Zone, buildings, structures and land may be used, erected, altered or repaired for any use whatsoever, except the following:

Abbatoir.

Acetylene gas manufacture.

Ammonia, bleaching powder or chlorine manufacture.

Asphalt manufacture or refining.

Manufacture of riveted boilers.

Celluloid manufacture or treatment.

Disinfectants manufacture.

Distillation of bones, coal or wood.

Emery cloth and sandpaper manufacture.

10.

Fat rendering.

11.

Fertilizer manufacture.

12.

Forge plant.

13.

Gas (heating or illuminating) manufacture.

14.

Glue, size, or gelatin manufacture.

15.

Gunpowder manufacture or storage.

16.

Fireworks or explosive manufacture or storage.

17.

Incineration or reduction of dead animals, offal or garbage.

18.

Junk yard.

19.

Lamp black manufacture.

20.

Lime, cement or plaster of Paris manufacture.

21.

Match manufacture.

22.

Oil cloth or linoleum manufacture.

23.

Oiled, rubber or leather goods manufacture.

24.

Ore reduction.

25.

Packing house including canning and/or curing of meats.

26.

Paint, oil, shellac, turpentine or varnish.

27.

Petroleum refining, or storage in more than tank car lots.

28.

Potash refining.

29.

Hot rolling mill.

30.

Rubber or gutta percha manufacture or treatment.

31.

Shoe blacking manufacture.

32.

Smelting.

33.

Soap manufacture.

34.

Soda and compound manufacture.

35.

Stockyards.

36.

Sulphuric, nitric, or hydrochloric acid manufacture.

37.

Tallow, grease or lard manufacture or refining.

38.

Tanning, curing or storage of leather, raw hides, or skins.

39.

Tar distillation or manufacture.

40.

Tar roofing or tar waterproofing manufacture.

41.

Wool pulling and scouring.

42.

Yeast plant.

43.

Any other use which the Zoning Commissioner or the Board of Zoning Appeals, upon appeal, finds to be noxious or offensive by reason of the emission of odor, dust, smoke, gas, or noise as to be adverse to these regulations or inappropriate to the area affected and detrimental to the health, safety and morals thereof.

Height Regulations: Same as in "E" Commercial Zone as set forth in Section VII-B.

Area Regulations: Same as in "E" Commercial Zone, Section VII, excepting that all residential structures shall comply with area requirements for such structures as hereinbefore set forth.

SECTION IX — "G" HEAVY INDUSTRIAL ZONE

Use Regulations: In the "G" Heavy Industrial Zone, buildings, structures and land may be used, erected, altered or repaired for any use whatsoever, except the following:

Abbatoir.

Celluloid manufacture or treatment.

Fat rendering.

Fertilizer manufacture.

Gunpowder, fireworks or explosives manufacture or storage.

Incineration or reduction of dead animals, offal or garbage.

Junk yard.

Stockyards.

Height Regulations: Building height unlimited.

Area Regulations: The front building line of industrial buildings shall be the front lot line and the side building line shall be the side lot line, provided, however, that when more than 50 per cent of the frontage on one side of any street, between two intersecting streets, is improved with permanent buildings constructed of fire resisting materials and built on a uniform line at a distance from the street line different from that which would be established by this section, then such different setback line shall be deemed to be established by usage and shall prevail. Also provided, however, that the Zoning Commissioner or the Board of Zoning Appeals, upon appeal, shall have the right to require such front and side setbacks as shall be deemed necessary to prevent congestion in the roads, streets or alleys and hazard from fire, panic or other dangers. These setbacks and front yard requirements shall apply also to signs, gasoline pumps and other service station equipment and to articles and structures of every nature whether fixed or movable.

SECTION X — GENERAL EXCEPTIONS TO USE AND AREA REQUIREMENTS

The aforegoing yard and court requirements shall be subject to the following general exceptions:

A lot having a width of less than fifty feet at the front building line and which corresponds in location and lot lines with a lot on a plat or in a deed adopted or recorded prior to the adoption of these regulations, may have minimum side yards five feet in width along each side lot line, except in case of corner lot the side yard along the side street shall not be less than eleven feet.

Every part of a required yard or court shall be open and unobstructed from its lowest point to the sky, except that uncovered porches, fire escapes, open stairways and chimneys may be permitted where same are so placed as not to obstruct light and ventilation.

Steps and uninclosed porches may extend beyond the front building line not to exceed nine feet and shall not exceed one story in height.

The Zoning Commissioner of Baltimore County and the Board of Zoning Appeals, upon appeal, shall have and they are hereby given the power to grant exceptions to area, building, location and height regulations in cases where strict compliance with the Zoning Regulations heretofore adopted for Baltimore County would result in practical difficulty, or unnecessary or unreasonable hardship. However, any such exception or exceptions shall only be granted in strict harmony with the spirit and intent of said regulations, and only in such manner as to grant relief without substantial injury to the public health, safety, morals and general welfare. Before granting any such exception the Zoning Commission shall require public notice to be given and shall hold a public hearing upon any application for an exception in the same manner as in the case of a petition for reclassification. Any order granting an exception shall contain a finding of fact setting forth and specifying the reason or reasons for making such exception, subject, however, to the right of appeal to the Board of Zoning Appeals as heretofore provided by the Zoning Regulations.

SECTION XI — NON-CONFORMING USES

A lawful non-conforming use existing on the effective date of the adoption of these regulations may continue, provided, however, upon any change from such non-conforming use to a conforming use, or any attempt to change from such non-conforming use to a different non-conforming use or any discontinuance of such non-conforming use for a period of one year, or in case a non-conforming structure shall be damaged by fire or otherwise to extent of seventy-five (75%) per cent of its value, the right to continue to resume such non-conforming use shall terminate, provided, however, that any such lawful non-conforming use, may be extended or enlarged to an extent not more than once again the area of the land used in the original non-conforming use.

SECTION XII — BOUNDARIES OF ZONES

Where uncertainty exists with respect to the boundaries of the various Zones shown on the zoning maps, the following rules shall apply:

Unless otherwise shown on the map, the zone boundaries are either streets or alleys, and where a boundary line on the map is approximately along a street or alley line, said street or alley shall be construed to be the boundary.

Unless otherwise shown on the maps, the zone boundary lines are intended to be record lot lines, and where a zone boundary line on the map is approximately along a record lot line, said record lot line is intended to be the boundary.

Whenever a portion of any zone is indicated upon the zoning map as a strip paralleling a public or dedicated street, the width of this strip, unless delineated on said map by lot lines, or otherwise, shall be assumed to be 150 feet measured at right angles from the line of the street to which it is parallel and adjacent.

SECTION XIII — POWERS RELATIVE TO SPECIAL EXCEPTIONS AND SPECIAL PERMITS

It is hereby determined that the inherent character of the hereinafter mentioned uses require that they be carried on in districts or areas to which they do not conform, or such uses have a peculiar tendency to impair the health, safety and morals of the public, and such uses may be permitted only upon a special permit granted by the Zoning Commissioner, subject to appeal to the Board of Zoning Appeals:

In any residential zone a special permit shall be required for the following particular uses:

Amusement park.

Antique Shop (operated as a home occupation).

Airport.

Commercial chicken raising and housing.

Commercial greenhouses.

Commercial transmitting or broadcasting station.

Country club.

Dance pavilion.

Dog kennels.

10.

Horticultural nursery.

11.

Hospital.

12.

Private club.

13.

Private school.

14.

Public swimming pool.

15.

Riding Academy.

16.

Sanitarium.

17.

Storage Yard (contractors).

18.

Boat Yard and/or Marine Railway for sale, repair and storage of water craft, not exceeding sixty (60) feet in length on tidal waters.

19.

Vegetable packing or canning house.

20.

Commercial race track or course for contests or exhibitions of any kind.

21.

Storage of dynamite or like explosives in lots not exceeding twenty-five (25) tons.

22.

Undertaking business or establishment or funeral home.

Provided, however, that the area of such land so to be used and the setbacks of any buildings or structures shall be subject to approval of the Zoning Commissioner or the Board of Zoning Appeals, upon appeal.

In any residential zone a special permit shall be required for the following particular uses:

Golf driving course (including miniature golf).

Rifle range.

Rock quarry.

Sand, gravel, iron ore or clay pit.

Skeet or trap shooting range.

Provided, however, that any such use, (under this paragraph B) shall be a temporary use of vacant land and shall be subject to such restrictions and safeguards which may be deemed necessary by the Zoning Commissioner, or the Board of Zoning Appeals, upon appeal, to protect the respective properties in the vicinity and any such use shall not impair the use of such properties in accordance with the zone plan embodied in these regulations and the zoning maps in connection therewith.

In any residential zone a special permit shall be required for use of land for automobile parking, subject to the following regulations:

(a)

Land to be used for any such use must be adjoining or across an alley from a lot in a commercial zone.

(b)

Parking must be limited to the use of patrons of the building or enterprise on said lot in the commercial zone.

(c)

No charge may be made for parking on said lot.

(d)

No vehicles other than passenger cars shall be permitted to use such parking space.

(e)

No service of any kind be extended to persons occupying such parked vehicles.

(f)

The Zoning Commissioner or Board of Zoning Appeals, upon appeal, shall have the right to impose such conditions, limitations or restrictions as to hours of use, mode of lighting, location and height of screening whether wall, fence or shrubbery for the protection, convenience and quiet of the surrounding and neighboring properties.

In any residential zone a special permit shall be required for an accessory building to be built to the height of two stories to provide living quarters for servants employed on the lot, provided, such height and purpose are reasonably necessary for the convenience of the family occupying the main building as a dwelling and will not injuriously affect the adjoining properties.

In any commercial zone a special permit shall be required for the following uses and such uses shall be subject to setback and area regulations as hereinbefore set forth for such commercial zone:

Commercial killing, dressing or storage of poultry.

Gasoline service station.

Any use prohibited in Section IX, entitled "G" Heavy Industrial Zone, may be permitted in such zone under special permit.

In any zone a special permit shall be required for a cemetery, graveyard or burial ground and any such use shall be subject to the following regulations:

(a)

Such use shall not be located so as to permit the drainage of water therefrom to any reservoir, spring, well or stream used for drinking purposes by humans.

(b)

Such use shall not be allowed within 300 feet of any school, hospital, sanatorium or orphanage.

(c)

Such use shall not be allowed in any location where there are then residing more than 500 persons within a radius of 300 feet of the outside limits thereof.

(d)

The Zoning Commissioner or the Board of Zoning Appeals, upon appeal, shall have the right to require such setbacks of any buildings or structures and the setbacks of graves or places of temporary or permanent interment, as may be reasonable and proper, however, in no case shall any setback be more than 300 feet.

(e)

The Zoning Commissioner or the Board of Zoning Appeals, upon appeal, shall have the right to designate the portion or portions of the burial area that shall be used or limited for lot or grave monuments; however, no such limited portion shall exceed one-half of the burial area.

(f)

The Zoning Commissioner or the Board of Zoning Appeals, upon appeal, shall have the right to require the planting of shrubbery, trees, bushes and plants as may be reasonable and proper to afford adequate screening of such cemetery, graveyard or burial ground.

In any zone a special permit shall be required for a cabin camp or trailer camp and any such use shall be subject to the following regulations:

(a)

Area of the lot on which such camp is to be located shall not be less than 20,000 square feet.

(b)

An area of not less than 400 square feet shall be allocated to each trailer or house car when parked detached from its automobile (or means of locomotion), but such allocated area shall not be less than 700 square feet for each car and house trailer combined.

(c)

Each trailer, house car or car and house trailer combined shall abut or face on a driveway or unobstructed space of not less than 20 feet in width, which space shall have unobstructed access to a public highway.

(d)

No cabin, trailer or a service building or structure, used in connection therewith, shall be placed or permitted within 50 feet of the road or street, upon which the lot or area so used for such camp fronts or within 15 feet of any other boundary line of such lot or area.

(e)

There shall be a space of not less than 10 feet between each cabin trailer or house car and also a space of not less than 20 feet between any cabin trailer or house car and any service building or structure used in connection with such camp.

(f)

No such cabin, camp, trailer camp, nor any service building or structure used in connection herewith shall be established or operated without the approval of and subject to the regulations and requirements of the Baltimore County Health Department.

(g)

In granting a special permit for a cabin camp or trailer camp under the preceding paragraphs, the Zoning Commissioner, or the Board of Zoning Appeals, upon appeal, may impose such further conditions as may from time to time be required or deemed advisable by said Zoning Commissioner, or the Board of Zoning Appeals, upon appeal, or required or deemed advisable by the Baltimore County Health Department regarding the cabin camp, trailer camp or service building or structure used in connection therewith, either for the protection of the public or of those occupying such camp or for the protection of surrounding and neighboring properties.

In any zone, a special permit shall be required for a public utility use or structure (except telephone or telegraph lines, electric light and power lines on public highways or carrying less than 5,000 volts on poles, underground conduits, cables, gas, sewer and water mains or pipes) subject to the following regulations:

(a)

The use or structure must be needed for the proper rendition of the public utility's service and the location thereof shall not seriously impair the use of the neighboring properties, in accordance with the Zone Plan embodied in these regulations.

(b)

The Zoning Commissioner or Board of Zoning Appeals, upon appeal, shall have the right to impose such conditions, restrictions or regulations as may be deemed advisable for the safety and protection of surrounding and neighboring properties.

(c)

In the case of an application for a special permit for the construction of electric light and power transmission lines erected on towers or charged with electricity at 5,000 or more volts, the following principles, standards, rules, conditions and safeguards (in addition to the aforegoing) shall apply:

For the purpose only of the control of the location and construction of such electric light and power transmission lines, there is hereby created an additional zone which shall conform to the present boundaries of the Metropolitan District of Baltimore County and shall be known as the Metropolitan Zone. Within the said Metropolitan Zone, electric light and power transmission lines charged with electricity at 5,000 or more volts shall be located under ground in cables or conduits, except within areas which by other regulations are designated as light or heavy industrials zones, and except on public highways.

The Zoning Commissioner, or the Board of Zoning Appeals, upon appeal, shall have the power to make special exceptions to the regulations contained in the preceding sub-paragraph (c-1) when convinced by affirmative testimony presented by the applicant that such lines or portions thereof may be carried overhead on towers or poles without impairing the public health, safety or general welfare; and in determining any such special exception, the said Commissioner or Board, on appeal, shall consider and be guided by the factors set forth in sub-paragraph 4 below.

The portion or portions of such lines located in all other areas may be permitted to be carried overhead on towers or poles under such conditions, restrictions, regulations and safeguards as the Zoning Commissioner, or Board of Zoning Appeals, upon appeal, may deem advisable for the safety and protection of surrounding and neighboring properties.

In the case of an application to increase the voltage carried on a pole line along a public highway, the Zoning Commissioner, or Board of Zoning Appeals, upon appeal, shall permit such increase provided a pole line on such highway was in use prior to this amendment and the increased voltage will not exceed 40,000, and provided, further, that the Zoning Commissioner or Board, upon appeal, shall be satisfied that the dangers and hazards to the public will not be substantially increased thereby.

In all applications, under this Paragraph ("C") of sub-section I, the Zoning Commissioner, or Board of Zoning Appeals, upon appeal, shall consider any matter or thing deemed by him or them to be material in connection with the public health, safety and general welfare, including—

The crossing of much traveled highways or streets;

The proximity of the line to any school, church, theatre, club, museum, fair ground, race track or other place where persons may congregate;

The probability of extensive flying over the area and its general nearness to any airport or airports.

Any fire hazard or interference with fire-fighting equipment due to the location and construction of the proposed line;

The future conditions to be reasonably anticipated in each such area as a result of the normal course of development;

The said Commissioner or Board, on appeal, may also consider the comparative cost of underground and overhead construction, including not only reasonable estimates of right of way cost but also estimated damage to adjacent and neighboring property, whether or not the owners of such property would be legally entitled to compensation for such damage; but the fact that the total cost to the applicant of placing a line or any portion thereof underfiround would be greater than locating it overhead, in any given case, shall not in itself be deemed sufficient cause for the issuance of a permit for overhead construction.

In any zone a special permit shall be required for a public stable and such use shall be subject to the following regulations:

(a)

Area of lot must be not less than 7,500 square feet exclusive of any part of a road or street.

(b)

Front setback must be not less than 75 feet.

(c)

Side setback for interior lot shall be not less than 15 feet.

(d)

Side setback for corner lot shall be not less than 25 feet from side street and 15 feet from other side line.

(e)

Rear setback for corner lot, the rear line of which abuts on the side line of an adjoining lot, shall be not less than 25 feet.

In any zone a special permit shall be required for a junk yard and such use shall be subject to the following regulations:

(a)

The area of land so to be used shall not be less than 20,000 square feet nor more than 200,000 square feet.

(b)

No automobile or vehicle not in running condition, nor machinery or other junk or scrap shall be located, either for storage or dismantling, within 50 feet of the front street line nor within 25 feet of any side street line in case of a corner lot nor within 5 feet of any other outline of property to be used; provided any building enclosed on all sides, to be used for storing of automobile or machine parts or other junk or scrap, may be nearer than 50 feet from the front street line and nearer than 25 feet from the side street line but shall conform with the setbacks for such building in such zone as heretofore set forth in these regulations.

(c)

The Zoning Commissioner or Board of Zoning Appeals, upon appeal, shall have the right to require the location and erection of such walls or fences or require the planting of such shrubbery, trees, bushes and plants, as may be reasonable and proper, to afford adequate screening of such junk yard.

(d)

In granting special permit for a junk yard under the preceding paragraphs, the Zoning Commissioner or the Board of Zoning Appeals, upon appeal, may impose or require such further conditions, requirements or restrictions as may, from time to time, be required or deemed advisable by said Zoning Commissioner or Board of Zoning Appeals, upon appeal, for the protection of the public or the surrounding and neighboring properties.

In any zone a Special Permit shall be required for a Billboard or Advertising Structure and such use shall be subject to the following Regulation:

(a)

The Special Permit may be for an original period not exceeding two (2) years after which it may be renewed from year to year.

In either a Commercial or Light Industrial Zone a Special Permit shall be required for the storage of fuel oil and other petroleum products for distribution or for sale at either wholesale or retail. Such storage shall be in underground tanks except that the Zoning Commissioner, or the Board of Zoning Appeals, upon appeal, may authorize storage in tanks above ground where the public health and safety will not be adversely affected thereby.

In granting any special permit (under this Section XIII) the Zoning Commissioner or the Board of Zoning Appeals, upon appeal, shall have the right to impose such conditions, restrictions or regulations as may be deemed necessary or advisable for the protection of surrounding and neighboring properties.

II.

The owners, lessees or tenants of the property for which a special permit is granted, if required by the Zoning Commissioner or Board of Zoning Appeals, upon appeal, shall enter into an agreement in writing with said Zoning Commissioner and/or the County Commissioners of Baltimore County stipulating the conditions, restrictions or regulations governing such special permit; the same in the discretion of the Zoning Commissioner, to be recorded among the Land Records of Baltimore County. The cost of such agreement and the cost of recording thereof, if required, shall be borne by the party requesting such special permit.

III.

In the granting of any special permit under this Section (Section XIII) the Zoning Commissioner, and the Board of Zoning Appeals, upon appeal, shall be governed and controlled by the following principles, standards, rules, conditions and safeguards.

Before any such special permit shall be granted it must appear that the use, for which special permit is requested, will not:

(a)

Be detrimental to the safety, health, morals and general welfare of the community involved.

(b)

Tend to create congestion in roads, streets and alleys in the area involved.

(c)

Create a hazard from fire, panic or other dangers.

(d)

Tend to overcrowd land and cause undue concentration of population.

(e)

Interfere improperly with adequate provisions for schools, parks, water, sewerage, transportation and other public requirements, conveniences and improvements.

(f)

Interfere with adequate light and air.

SECTION XIV — POWERS RELATIVE TO PERMITS FOR TEMPORARY USES

It is hereby determined that the inherent character of the hereinafter mentioned uses require that they be carried on temporarily in districts or areas to which they do not conform and such uses may be permitted only on a permit for temporary use granted by the Zoning Commissioner or the Board of Zoning Appeals, upon appeal.

In any residential zone a permit shall be required for the temporary use of land, buildings, or structures for the following particular uses:

Building or structure necessary for construction of permanent buildings or land development.

Real estate sign larger than that permitted under Section VII-D.

Retail business, provided that the operation of such business is necessary for the convenience of the neighborhood, and does not adversely affect neighboring properties.

Way-side Stand.

In any residential or commercial zone a permit shall be required for the temporary use of land, buildings or structures for any light industrial operation not of a dangerous, offensive or obnoxious character and which will not adversely affect surrounding or neighboring properties.

In granting a permit for temporary use for any of the above mentioned uses, the Zoning Commissioner or Board of Zoning Appeals, upon appeal, shall have the right to impose such conditions, restrictions or regulations as may, from time to time, be deemed necessary or advisable for the protection of surrounding and neighboring properties.

II.

The owners, lessees or tenants of the property to be temporarily used, and the owners, lessees or tenants of such temporary use, shall, before the issuance of such permit for temporary use, enter into an agreement in writing with said Zoning Commissioner and/or the County Commissioners of Baltimore County, stipulating the conditions, restrictions or regulations governing such temporary use, as well as the period of such use, the same to be recorded among the Land Records of Baltimore County in the discretion of the Zoning Commissioner. The cost of such agreement and the recording thereof (if required) shall be borne by the party requesting such permit for temporary use.

III.

A permit for temporary use (under this Section XIV) may be granted in the discretion of the Zoning Commissioner or the Board of Zoning Appeals, upon appeal, for any period not exceeding two years from the date thereof, however, such permit may be renewed from time to time, but no temporary use shall be permitted for a longer period than four (4) years from the date of the granting of the original permit therefor.

IV.

In the granting of any permit for temporary use under this Section XIV the Zoning Commissioner and the Board of Zoning Appeals, upon appeal, shall be governed and controlled by the same principles, standards, rules, conditions and safeguards as hereinbefore set forth in Section XIII of these regulations governing the issuance of special permits.

POWERS OF ZONING COMMISSIONER
AND BOARD OF ZONING APPEALS
PROCEDURE AND CHARGES

ZONING COMMISSIONER:

All applications to the Buildings Engineer for building permits shall be submitted to the Zoning Commissioner for approval by him before any permit shall be issued. Before approving any such application, the Zoning Commissioner shall satisfy himself that the application is in proper form and contains all necessary information, and that the proposed building or use of land, building or structure, complies in all respects with the regulations then in effect with respect to zoning.

In cases in which the permit applied for shall be for a use not permitted under regulations then in effect, the Zoning Commissioner may entertain a petition for the reclassification of such property. Such petition shall be filed by the legal owner of such property on forms adopted by the Zoning Commissioner. Upon filing of such petition, the Zoning Commissioner shall set a time for public hearing thereon and shall give notice of the time and place of such hearing by advertisement in a newspaper of general circulation in Baltimore County for at least fifteen days prior to the date of such hearing, and shall cause the property sought to be reclassified to be posted with an appropriate notice of such petition and the time and place of such hearing, such notice shall be displayed in a prominent location on such property for at least ten days prior to the date of such hearing. The cost of such advertisement and posting shall be paid in advance by the petitioner. Upon such hearing the Zoning Commissioner shall pass his Order granting or refusing the reclassification. No such reclassification shall become effective and binding until it shall have been approved in writing by the County Commissioners of Baltimore County. Upon granting a reclassification the Zoning Commissioner shall, after the time for an appeal therefrom has expired, submit the same forthwith to the said County Commissioners of Baltimore County and upon their written approval thereof, the said reclassification shall become effective and binding and shall constitute an amendment to the boundaries of the zoning districts.

In the event the Zoning Commissioner shall refuse to grant a reclassification and upon appeal to the Board of Zoning Appeals the said Board shall order such reclassification, the Zoning Commissioner shall then forthwith submit said reclassification to the County Commissioners of Baltimore County and upon their written approval thereof the said reclassification shall become effective and binding and shall constitute an amendment to the boundaries of the zoning districts.

In cases in which no building permit is required any person, desiring to use any land for any purpose other than that for which said land is being used at the time of adoption of this Order and Resolution, shall make application to the Zoning Commissioner for a use permit, upon such form as the Zoning Commissioner may prescribe. If such use shall be permissible under regulations then in effect with respect to zoning the Zoning Commissioner shall issue a use permit which shall indicate that it authorizes the particular use applied for.

In cases of petitions for special permits under Section XIII of the Zoning Regulations and Restrictions the Zoning Commissioner shall receive such petitions in such form as he may prescribe. He shall hold a public hearing thereon after giving public notice of such hearing as above provided with respect to petition for reclassification. After such a hearing he shall pass his Order granting or refusing such special permit.

In cases of petition for permits for temporary use of land, under Section XIV of the Zoning Regulations, the Zoning Commissioner shall receive such petition in such form as he may prescribe. He shall hold a public hearing thereon after posting of an appropriate notice of such hearing on the property sought to be used, for at least ten days prior to the date of such hearing.

In addition to his aforesaid powers the Zoning Commissioner shall have the power, upon notice to the parties in interest, to conduct hearings involving any violation or alleged violation or non-compliance with any zoning regulations, or the proper interpretation thereof, and to pass his Order thereon, subject to the right of appeal to the Board of Zoning Appeals as hereinafter provided.

And the said Zoning Commissioner shall have the power to conduct such other hearings and pass such orders thereon as shall, in his discretion, be necessary for the proper enforcement of all zoning regulations, subject to the right of appeal to the Board of Zoning Appeals as hereinafter provided.

He shall have the power to prescribe rules and regulations for the conduct of hearings bofore him, to issue summons for and compel the appearance of witnesses, to administer oaths and to preserve order.

10.

He shall have the power to require the production of plats of developments or sub-divisions of land, or of any land in connection with which application for building or use permits or petitions for special permits or reclassification or temporary use shall be made, such plats to show the location of streets or roads and of buildings or other structures proposed to be erected, repaired, altered or added to. All such plats shall be drawn to scale and shall clearly indicate the proposed location, size, front, side and rear setbacks from property lines and elevation plans of proposed buildings or other structures, and such details shall conform in all respect with Zoning regulations. No such plats or plans, showing the opening or laying out of roads or streets, shall be approved by the Zoning Commissioner unless such plats or plans shall have been preciously approved by the Highways Department of Baltimore County and the Baltimore County Metropolitan District.

11.

Any person or persons, jointly or severally, or any taxpayer or any official, department, board or bureau of Baltimore County, feeling aggrieved by any decision of the Zoning Commissioner shall have the right to appeal therefrom to the Board of Zoning Appeals. Notice of such appeal shall be filed, in writing, with the Zoning Commissioner within ten days from the date of any final Order appealed from. Such appeals shall be heard and disposed of by the Board of Zoning Appeals as hereinafter provided.

12.

Upon such appeal, the Zoning Commissioner shall present to the Board of Zoning Appeals all pertinent papers in connection therewith. Notice of such appeal, and the date of hearing or continuance thereof, shall be given to the attorneys for the respective parties, if any, or to such person, or persons, as may be designated at the original hearing to receive such notice.

13.

No new petition for reclassification, or special permit or temporary use, shall be entertained by the Zoning Commissioner in any case which has been considered and acted upon by him until the expiration of six months from the date of his final Order thereon. Where an appeal is taken from any decision of the Zoning Commissioner to the Board of Zoning Appeals, the Zoning Commissioner shall not entertain any new petitions for reclassification, or special permit, until the expiration of six months from the date of the final Order of said Board of Zoning Appeals.

14.

He shall keep accurate records of all proceedings pending before him and before the Board of Zoning Appeals and such records shall be open to public inspection in his office. He shall keep an accurate account of all money received by the Zoning Department and shall turn the same over to the Chief Clerk and Auditor of the County Commissioners.

BOARD OF ZONING APPEALS:

A Board of Zoning Appeals is hereby established as provided for under the 1941 Zoning Act, said Board shall organize and elect a Chairman. Their successors in office shall likewise elect a Chairman, whose term as Chairman shall continue during the term of office of said Board. In case of a vacancy in the office of Chairman, the Board, upon the appointment of a successor, shall elect a new Chairman who shall continue in office for the balance of the term of such Board.

Two members of the Board of Zoning Appeals shall constitute a quorum. All decisions of the Board shall be concurred in by at least two members thereof.

Meetings of the Board shall be held from time to time upon the call of the Zoning Commissioner. All hearings before the Board shall be open to the public. The Board shall prescribe rules and regulations for the conduct of hearings before it.

The Board shall have the right to employ such technical, expert and other assistance as in its judgment may be necessary to aid them in the proper investigation and determination of any questions pending before it. It shall have the right and power to summons and compel the attendance of witnesses before it and to administer oaths. It shall keep minutes of its proceedings and shall maintain, in the office of the Zoning Department, a public record of all proceedings before it.

It shall cause a stenographic record to be made of all testimony presented at hearings before it and shall have said record transcribed whenever called upon to do so as hereinafter set forth. Upon an appeal from said Board or upon any Order or Writ of the Circuit Court for Baltimore County, the Board shall submit to the Court the original or certified copies of all papers in connection with such proceeding as may have been filed with it together with a transcript of the testimony taken before the said Board, but only after payment of the reasonable cost thereof shall have been received, by the Zoning Commissioner, from the party entering such appeal.

Appeals from the Zoning Commissioner shall be heard by the Board of Zoning Appeals de novo. At such hearing, all parties, including the Zoning Commissioner, shall have the right to be represented by counsel, to produce witnesses and to file and submit all proper oral or written evidence.

The decision and order of the Board of Zoning Appeals may affirm or reverse in whole, or in part, any decision or order of the Zoning Commissioner, or may modify the Order appealed from and direct the issuance of a permit for such modified use at it may deem proper, subject, however, to zoning regulations and restrictions.

CHARGES AND FEES:

The charges and fees for procedures, before Zoning Commissioner to be paid by petitioner and before the Board of Zoning Appeals by the appellant, shall be as follows:

(a)	Petition for Reclassification	$18.00
(b)	Petition for Special Permit	$18.00
(c)	Petition for Exception to Zoning Regulations	$18.00
(d)	Petition for Special Hearing	$13.00
(e)	Petition for Temporary Use Permit	$8.00
(f)	Appeal to Board of Zoning Appeals	$22.00

The above charges include cost of advertising and posting of property. However, if more than one sign is required $3.00 additional for each additional sign will be required and if the advertisement is excessively long there will be an additional charge.

	CHRISTIAN H. KAHL, President

	BREMEN A. TRAIL

	JOHN R. HAUT

	County Commissioners of Baltimore County.

ADDITIONS AND AMENDMENTS TO THE ZONING REGULATIONS

Amend Section III, entitled "A" Residence Zone by striking out paragraph 2 of Sub-Section C, and in lieu thereof substitute the following:

Front Yard: All buildings and structures, hereafter to be erected upon lots fronting on streets, roads, avenues, or highways 50 feet or less in width, shall be set back not less than 50 feet from the center of the street, road, avenue, or highway. And on streets, roads, avenues and highways having a width of more than 50 feet the set-back shall be not less than 25 feet from the front right-of-way line; provided that when the majority of residential buildings on one side of a street between two intersecting streets have been lawfully built with different front yard depths than as above required, then no building hereafter erected or altered on said street shall have a less front yard than the average depth of said actual front yards of buildings immediately to either side of said building; and, provided, further that no building shall be required by these regulations to set back more than fifty feet from the front property line, or more than one-third of the depth of the lot, whichever is greater.

Amend Section III, entitled "A" Residence Zone by striking out Paragraph 3 of Sub-Section C, and in lieu thereof substitute the following:

Side Yard: There shall be a side yard not less than 7 feet in width along each side lot line except in case of a corner lot the side yard along the side street line shall not be less than 40 feet from the center line of streets 50 feet, or less in width, nor less than 15 feet from the side property line of streets in excess of 50 feet in width.

Strike out paragraph 2 of sub-section "C" Section 5 "C" Residence Zone and in lieu thereof substitute the following:

Minimum front yards for a single family, two-family, or semi-detached dwelling shall be the same as hereinbefore specified in an "A" Residence Zone and "B" Residence Zone, respectively, except apartment buildings erected upon lots fronting on streets, roads, avenues, or highways 60' or less in width shall be set back 55' from the center of the street, road, avenue, or highway. And on streets, roads, avenues and highways in excess of 60' in width the set-back shall be not less than 25' from the front property line; provided that when the majority of residential buildings on one side of a street between two intersecting streets have been lawfully built with different front yard depths than as above required, then no building hereafter erected or altered on said street shall have a less front yard than the average depth of said front yards of buildings immediately to either side of said buildings; and provided further that no building shall be required by these regulations to set back more than 50' from the front property line; and when the building is more than 40' height such front yard depth shall be increased 4" for each additional foot of height.

Strike out paragraph 2 of sub-section "C" Section 6 "D" Residence Zone and in lieu thereof substitute the following:

Front Yard: Minimum front yard shall be as hereinbefore specified in a "C" Residence Zone.

Strike out sub-section "E" of Section 7 "E" Commercial Zone and in lieu thereof substitute the following:

All residential structures shall comply with area requirements for residential structures as hereinbefore set forth in Sections 3, 4, 5 and 6, according to the type of structure involved.

Add to Section 13 - "POWERS RELATIVE TO SPECIAL EXCEPTIONS AND SPECIAL PERMITS" 23 Restaurant.

	Christian H. Kahl Christian H. Kahl, President

	John R. Haut John R. Haut

	Bremen A. Trail Bremen A. Trail

	County Commissioners of Baltimore County

RESOLUTION AND ORDER OF THE COUNTY COMMISSIONERS OF BALTIMORE COUNTY

WHEREAS, the Zoning Commissioner of Baltimore County, pursuant to the power and authority vested in him by Chapter 877 of the 1943 Acts of the General Assembly of Maryland and Chapter 502 of the 1945 Acts of the General Assembly of Maryland, prepared a Preliminary Report with respect to Additions and Amendments to the Zoning Regulations and Restrictions for Baltimore County; and in accordance with the provisions of said Acts of Assembly, he duly published notice that he would hold a public hearing thereon in the Board Room, in the Reckord Building, Towson, Maryland, on April 22, 1953 at 1:00 o'clock p.m. and

WHEREAS, the Zoning Commissioner, at the time and place specified, conducted a public hearing with respect to said Preliminary Report and on May 7, 1953 submitted to the County Commissioners his Final Report recommending certain Additions and Amendments to the Zoning Regulations and Restrictions for Baltimore County; and

WHEREAS, the County Commissioners of Baltimore County have due notice by publication of a hearing on said Final Report, in accordance with said Acts of Assembly, which said hearing was held in the Board Room of the County Commissioners of Baltimore County, in the Court House, Towson, Maryland, on Friday, June 12, 1953, at 11:00 o'clock a.m. and thereafter deliberated and considered all matters, facts and arguments submitted to them by the said Final Report and at said public hearing;

NOW, THEREFORE, It is this 2nd day of July, 1953 ORDERED by the County Commissioners of Baltimore County that in order to promote health, safety, morals and general welfare of the community, the following Additions and Amendments to the Zoning Regulations and Restrictions for Baltimore County, be and they are hereby adopted and promulgated:

AMEND Section I, entitled "Definitions" by deleting Paragraph No. 19 entitled "Home Occupation."

AMEND Section III, "A" Residence Zone, by deleting from Paragraph "A", sub-paragraph No. 5 and sub-paragraph No. 6, and substitute in lieu thereof the following to be hereafter known as Section III, sub-paragraphs Nos. 5 and 6.

Professional offices and home occupations, other than barber shops, beauty shops and repair services, situate in and carried on in the building used by the practitioner or occupants as his or her private dwelling, provided there is no display or nameplate exceeding two square feet in area and not projecting more than one foot beyond the building and not illuminated; and the residential aspect of the building is in no way changed and in connection with which there is kept no stock in trade or commodities to be sold upon the premises and in which no mechanical equipment, except such as is used for purely domestic or household purposes, and no person is employed other than servants or members of the immediate family residing on the premises.

AMEND Section III, Paragraph C, Area Regulations, by striking out Paragraph No. 3 and in lieu thereof substitute the following:

Side Yard: There shall be a side yard not less than seven (7) feet in width along one side lot line and not less than ten (10) feet in width along the other side lot line except in case of a corner lot the side yard along the side street shall not be less than forty (40) feet from the center line of streets fifty (50) feet or less in width, nor less than fifteen (15) feet from the side property line of streets in excess of fifty (50) feet in width.

ADD to Section III, Paragraph C, a new paragraph to be known as Sub-paragraph No. 7, to read as follows:

Fences and Walls: The building line and yard requirements of these Regulations and Restrictions shall not apply to retaining walls or fences not over five (5) feet in height; except that on a corner lot in any residential zone, there shall be no fence, wall or structure, shrubbery, planting or other obstruction to vision having a height greater than three (3) feet six (6) inches above the curb level. Barbed wire is prohibited in the construction of any fence in a residential zone or other than agricultural area.

ADD to Section III, Paragraph A, sub-section No. 13 a new paragraph to be known as Section III, Paragraph A, sub-section No. 13, paragraph C, to read as follows:

In any residence zone a building permit for an accessory building or buildings may issue simultaneously with the permit for the dwelling or subsequent thereto.

SECTION IV - "B" RESIDENCE ZONE

AMEND Paragraph A, by deleting sub-paragraphs Nos. 2, 4, 5 and 6.

SECTION VI "D" RESIDENCE ZONE

AMEND Paragraph C, Sub-paragraphs Nos. 3, 4 and 5 to read as follows:

Side Yard: There shall be a side yard of not less than fifteen (15) feet along each side of each group of dwelling units except in case of a corner lot the side yard along the side street line shall not be less than twenty five (25) feet in width.

Rear Yard: There shall be a rear yard having a minimum depth of fifty (50) feet. Any fence, wall or hedge in the rear yard shall be at least thirteen (13) feet from the center line of the rear alley.

Accessory Buildings: Accessory buildings shall be permitted without restrictions as to setback from the property line except in the case of a house in a group at a street intersection, any accessory building shall have a minimum setback of twenty-five (25) feet from the side street line. Accessory buildings shall set back not less than thirteen (13) feet from the center line of the alley upon which the rear line of the lot abuts.

Area for single garage or parking space for one automobile shall be provided or each group house lot. Or a compound for parking space with sufficient area for one automobile for each group house shall be provided.

None of the aforegoing provisions, however, shall apply to any development, sub-division or parcel of land as to which any plan showing street layout has been or is submitted to the Planning Commission of Baltimore County for its consideration prior to October 1, 1953.

SECTION XI — NON-CONFORMING USES

AMEND Section XI, Non-conforming Uses to read as follows:

A lawful non-conforming use existing on the effective date of the adoption of these Regulations may continue, provided, however, that upon any change from such non-conforming use to a conforming use or any attempt to change from such non-conforming use to a different type non-conforming use or any discontinuance of such non-conforming use for a period of one year, or in case a non-conforming commercial or industrial structure shall be damaged by fire or otherwise to the extent of seventy-five (75%) per cent of its value, the right to continue or resume such non-conforming use shall terminate. No non-conforming use of a building, structure or parcel of land shall hereafter be extended more than twenty-five (25%) per cent of the area of land or buildings used.

SECTION XIII - POWERS RELATIVE TO SPECIAL EXCEPTIONS AND SPECIAL PERMITS

AMEND title to Section XIII by deleting the words "And Special Exceptions," to read "Powers Relative to Special Use Permits". AMEND Section XIII, Paragraph A, sub-paragraph No. 9 "Dog Kennels" to read as follows:

Dog Kennel when more than three (3) dogs are kept.

ADD to Section XIII, Paragraph A, five new sub-paragraphs, to be known as sub-paragraphs Nos. 24, 25, 26, 27 and 28 to read as follows:

24.

Day Nursery.

25.

Convalescent Home, Nursing Home or Orphanage.

26.

Open Air Drive-In Movie.

27.

Fences, walls, shrubbery or planting, except as provided in Section III, unless shown on original plans.

28.

Volunteer fire company or fire house.

DELETE Sub-paragraphs (a) and (b) of Paragraph C.

AMEND Paragraph K to read as follows:

A junk yard may be allowed under a special permit in a heavy industrial zone only and subject to the following regulations:

SECTION VIII "F" LIGHT INDUSTRIAL ZONE

ADD to Paragraph A a now sub-paragraph, to be known as sub-paragraph No. 44 to read as follows: Dwelling, except as watchmen and caretakers quarters or under a Special Permit from the Zoning Commissioner.

SECTION IX "G" HEAVY INDUSTRIAL ZONE

ADD to Paragraph A, a new sub-paragraph, to be known as sub-paragraph No. 9 to read as follows: Dwelling, except as watchmen or caretakers quarters or under a Special Permit from the Zoning Commissioner.

	Michael J. Birmingham Michael J. Birmingham, President

	Robert H. Hamill Robert H. Hamill

	Augustine J. Muller Augustine J. Muller

	County Commissioners of Baltimore County
Additions and Amendments as above set forth approved and recommended:

Charles H. Doing Charles H. Doing, Zoning Commissioner of Baltimore County

Approved as to form and legal sufficiency: James A. Finn

                    
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