Legal Question in Real Estate Law in Maryland

Maybe, with a special use permit. I've cut and paste the permitted uses for zone R.C.4 in Baltimore County out of Code of Ordinances. I recommend that you consult and attorney PRIOR to attempting to open your business or obtain the special use permit.

R.C.4 (Watershed Protection) Zone

� 1A03.3 Use regulations.

Uses permitted as of right. The following uses, only, are permitted as of right in R.C.4 Zones:

1. Dwellings, one-family detached.

2. Farms and limited-acreage wholesale flower farms (Section 404).

[Bill No. 51-1993]

3. Open space, common.

4. Public schools.

[Bill Nos. 63-1980; 47-1982; Bill No. 47-1985]

5. 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.

6. Trailers, provided that any trailer 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.

7. 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]

8. Transit facilities.

[Bill No. 91-1990]

9. 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. Offices or studios of physicians, dentists, lawyers, architects, engineers, artists, musicians or other professional persons, 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% of the total floor area of that residence; and does not involve the employment of more than one nonresident employee.

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

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

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]

10. Commercial film production, subject to Section 435.

[Bill No. 57-1990]

11. Farmstead creamery, subject to the provisions of Section 404.13.

[Bill No. 34-2009]

B. Uses permitted by special exception.

The following uses, only, are permitted by special exception in R.C.4 Zones:

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

2. Camps, including day camps.

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

[Bill No. 62-1978]

4. Churches and other buildings for religious worship.

[Bill No. 45-1982]

5. Dwellings or other buildings converted to tearooms or restaurants, as provided in Section 402.2.

6. Excavations, controlled, subject to the provisions of Section 403, except removal of topsoil from the site is expressly prohibited.

7. Fish hatcheries.

8. Golf courses, country clubs or other outdoor recreation clubs, and game preserves.

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. Only three persons, including the disabled person and the members of his immediate family who are residents of the dwelling, are employed in the use on the premises; and

b. In any case the use is conducted by a disabled person whose domicile is the dwelling to which the use is accessory and whom the hearing authority finds is so severely disabled as to be unable to engage in his occupation away from the premises of his home.

Any provision of Section 502.2 to the contrary notwithstanding, any special exception granted pursuant to this item shall expire upon the first to occur of the following:

(1) Five years after the issuance of the permit;

(2) The death of a disabled person;

(3) The termination of the disability; or

(4) 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. Landscape service operations, subject to provisions of Sections 404.1 and 404.3.

[Bill No. 41-1992]

12. 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% 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]

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

14. Rail passenger station, subject to Section 434.

[Bill No. 91-1990]

15. Riding stables.

16. Shooting preserves, including hunting and fishing preserves.

17. Shooting ranges, including, but not limited to, archery, pistol, skeet, trap, target (small-bore rifle only) except that any such use existing at the time of date of enactment of this subsection may continue at the same level, provided that, within 365 days of the enactment date of this legislation, they shall file for a use permit as prescribed under the now existing zoning regulation Section 500.4, and turkey shoots.

18. Trailers, subject to the provisions of Section 415.1.D.

19. Volunteer fire company or ambulance-rescue facilities.

20. Wireless telecommunications towers, subject to Section 426.

[Bill No. 30-1998]

21. Farm market, subject to the provisions of Section 404.4.

[Bill No. 41-1992]

22. Winery as an agricultural support use, including accessory retail and wholesale distribution of wine produced on-premises. Temporary promotional events, such as wine tasting or public gatherings associated with the winery, are permitted, within any limits set by the special exception.

[Bill No. 51-1993]

Best of luck.*******The above is for informational purposes only and does not create an attorney-client privilege.*******