§ 1A04.2. Use regulations.

A.

Uses permitted as of right. The following uses, only, are permitted as of right in R.C.5 Zones:

1.

Churches or other buildings for religious worship including church schools.

2.

Dwellings, one-family detached.

3.

Farms and limited-acreage wholesale flower farms.

[Bill No. 51-1993]

4.

(Reserved)

5.

Open space, common.

6.

Schools, including but not limited to private preparatory schools, colleges, conservatories or other fine arts schools.

[Bill Nos. 63-1980; 47-1982; 47-1985]

7.

Streets or ways.

8.

Telephone, telegraph, electrical-power or other similar lines or cables, all underground; underground gas, water or sewer mains or storm drains; other underground conduits, except underground interstate and intercontinental pipelines.

9.

Trailers or mobile homes, provided that any trailer or mobile home allowed under this provision must be used or stored in accordance with the provisions of Subsection B, C, E or F of Section 415.1 and Section 415.2.A.1, as applicable.

[Bill No. 27-2015]

10.

Antennas used by CATV systems operated by companies franchised under Article 25 of the Baltimore County Code, if situated on property owned by the county, state or federal government or by a governmental agency.

[Bill Nos. 220-1981; 137-2004]

11.

Accessory uses or structures, including, but not limited to, the following:

a.

Excavations, uncontrolled.

b.

Farmer's roadside stand and produce stand, subject to the provisions of Section 404.4.

[Bill No. 41-1992]

c.

Home occupations.

d.

Parking spaces, including recreational vehicles, subject to the provisions of Section 415A.

e.

Piers, wharves, docks and bulkheads, subject to the provisions of Section 417.

f.

Swimming pools, tennis courts, garages, utility sheds, satellite receiving dishes (subject to Section 429) or other accessory structures or uses (subject to the height and area provisions for buildings as set forth in Section 400).

[Bill No. 71-1987]

g.

Signs, subject to Section 450.

[Bill No. 89-1997]

12.

Riding stable (commercial or noncommercial), if located more than 200 feet from a residential property line, and in existence for at least 15 years prior to the effective date of this Act.

[Bill No. 76-2016]

13.

Commercial film production, subject to Section 435.

[Bill No. 57-1990]

14.

Transit facilities.

[Bill No. 91-1990]

B.

Uses permitted by special exception. The following uses, only, are permitted by special exception in R.C.5 Zones:

1.

Antique shops, subject to the provisions of Section 402B.

2.

Camps, including day camps.

3.

Cemeteries.

4.

Community buildings, swimming pools or other uses of a civic, social, recreational or educational nature, including tennis facilities, provided that no tennis facility shall comprise more than four courts (Section 406A).

[Bill No. 62-1978]

5.

Community care centers, provided that no residential community care center (i.e., a center which serves as the residence of the persons for whom care is provided) shall provide care for more than 15 persons per site, and no day community care center shall provide care for more than 15 persons per acre nor more than 75 persons per site.

[Bill Nos. 142-1979; 157-1986]

6.

Excavations, controlled.

7.

Fishing and shellfishing facilities, shoreline, Class I or II.

[Bill No. 30-1978]

8.

Golf courses, country clubs or other similar outdoor recreation clubs.

9.

Home occupations of disabled persons, where the use is established in a structure originally constructed as a dwelling or as accessory to a dwelling or where the use is established in a structure that is situated on the same lot as a dwelling and which the Zoning Commissioner finds to be compatible with its surrounding neighborhood, provided that:

a.

Five years after the issuance of the permit;

b.

Death of the disabled person;

c.

Termination of the disability; or

d.

The failure of the disabled person to permanently reside at the premises.

A new special exception for the use may be granted when the previous special exception expires but only upon the completion of the entire application and hearing process in the same manner as if it were the initial application for this special exception. It is the purpose of this provision to prevent the use of residential property for business purposes by an occupant other than a disabled person and to ensure that any occupation permitted pursuant to this item will be conducted in a manner appropriate to its surroundings

[Bill No. 27-1981]

10.

Horticultural nurseries, subject to the provisions of Sections 404.1 and 404.2.

[Bill No. 41-1992]

11.

Offices or studios of physicians, dentists, lawyers, architects, engineers, artists, musicians or other professional persons as an accessory use, provided that any such office or studio is established within the same building as that serving as the professional person's primary residence at the time of application; does not occupy more than 25 percent of the total floor area of that residence; and does not involve the employment of more than one nonresident professional associate nor two other nonresident employees.

[Bill Nos. 105-1982; 65-1999]

12.

Public utility uses not permitted as of right, including underground interstate and intercontinental pipelines.

13.

Rail passenger station, subject to Section 434.

[Bill No. 91-1990]

14.

Railroads or other transportation lines or ways.

15.

Residential art salons, subject to the provisions of Section 402C.

16.

Standard restaurants or tearooms, converted from dwellings or other buildings as provided in Section 402.3.

[Bill No. 110-1993]

17.

Riding stables (commercial or noncommercial), if located within 200 feet of a residential property line.

[Bill No. 76-2016]

18.

Schools, not permitted as of right.

19.

Trailers or mobile homes, subject to the provisions of Section 415.1.D.

[Bill No. 27-2015]

20.

Volunteer fire company or ambulance-rescue facilities.

21.

Wireless telecommunications towers, subject to Section 426.

[Bill No. 30-1998]

22.

Practice, training, or physical-conditioning facilities and field for amateur or professional sports organizations, including offices that are necessary for the administration of the organization, subject to the following conditions:

[Bill No. 76-2002]

a.

Accommodations for public spectators may not be provided at the facility and field;

b.

Only one sports organization may use the facility and field at one time;

c.

The facility and field may not include lighting that would produce substantial off-site illumination;

d.

The sports organization may not sell admission to the sports events at the facility and field; and

e.

The facility and field shall be located:

(1)

Within proximity to adequate road access; and

(2)

On publicly owned land.

23.

Winery, including accessory retail and wholesale distribution of wine produced on-premises. Temporary promotional events, such as wine tastings or public gatherings associated with the winery, are permitted, within any limits set by the special exception. The property shall have a minimum of 50 acres, and the property owner shall file a nutrient management plan with the petition for special exception.

[Bill No. 20-2007]

24.

Brewery, Class 7 or Class 8, including accessory retail and wholesale distribution of beer produced on the premises. Temporary promotional events, such as beer tasting or public gatherings associated with the brewery, are permitted subject to approval by the Administrative Law Judge or Board of Appeals on appeal.

[Bill No. 64-2015]