Overlays – What Are They?

What Is An Overlay?

Officially it is “any specially mapped district which is subject to supplementary regulations or requirements for development”.  Every parcel of land in the County is zoned. An overlay sits on top of that zoning and modifies the normal usage allowed for every property which lies “under” the overlay. Overlays may restrict or enhance development. Restrictive overlay examples are the Chesapeake Bay Critical Area and the Floodplain district overlays.

Because the land beneath the overlay is fragile, certain types of development are not allowed even though the County has approved zoning for more intense development. Many of our restrictive overlays are handed down by State legislation. The past several years has seen the growth of development enhancing overlay legislation. A good example is the Edgewood Neighborhood Overlay District. Zoning restrictions are relaxed in this region with the hope of spurring the revitalization of commerce, residential neighborhoods and civic pride. Rather than rezoning large districts and changing every zoning regulation to reflect the desired new use, an overlay easily enacts the change in allowed uses by a single act of legislation.

The ease with which an overlay may happen should make us stop and think. An overlay may not always be a good idea. Several years ago, an overlay was proposed that would allow industrial use on agriculturally zoned land. Quite a change in zoning. While the underlying zoning remains unchanged, the over-the-top overlay may cause significant change.

Mixed Use In Your Backyard

The term “Mixed Use” is the basic principle of integrating where we live, work and shop and allows for various configurations and densities. 

The Harford County Zoning code §267-76, amended August 22, 2016 permits Mixed Use Centers* in every business, commercial and industrial zoning and in the high density R4 zoning.  All that is required is 5 acres of land inside the development envelope with access to a primary road and access to public water and sewer. Except for rubble fills, every use permitted in B1, B2, B3, CI, GI, LI and R4 zoning districts are permitted in the Mixed Use District REGARDLESS OF THE UNDERLYING ZONING.  

This means that properties intended to have low-intensity B1 zoning can be used at higher intensity, or for large commercial and industrial facilities, without public input, by establishing a Mixed Use District. 

B1 Neighborhood Business District is intended to provide limited retail services convenient to residential neighborhoods near the permitted business. B1 has standards which are compatible with low-density residential districts. 

We believe zoning code §267-76, should be amended to remove B1 areas from this use. 

We believe it is wrong to allow high intensity, high impact, and high traffic industrial and business uses in what is supposed to be low-impact B1 zoning 
(i.e., limited retail and service facilities for nearby residences).  We believe Mixed Use Centers should not be allowed on properties zoned B1.
 
The concept of a mixed use center that creates a combination of business and residential uses and a reduction of vehicle miles traveled is a good concept. But Mixed Use Center should not enable developers to supersede low-intensity B1 zoning standards, in effect rezoning properties to higher intensity without public input.  

We urge you to contact the County Council and ask them to amend the Zoning Code to remove Mixed Use Centers in B1 zoning districts.

*Mixed Use Centers are Special Development uses, meaning they are uses that are automatically allowed when they meet certain additional design requirements.

Review Harford County Zoning Code’s standards and descriptions HERE

Quickly compare the Uses permitted under different zoning, click HERE. 
Allowable B1 zoning uses are on pages 18 and 19.