College Park City Zoning Code

PART 10

MIXED USE ZONES.

Sec. 27-541.02. Satellite dish antennas.

(a)

On any lot, one (1) satellite dish antenna to serve one (1) dwelling unit, or one (1) or more satellite dish antenna(s) to serve more than one (1) dwelling unit or any other allowed use, are allowed (subject to the requirements of the Table of Uses), provided that each antenna shall be located at least two (2) feet from any side or rear lot line.

(b)

The location of a satellite dish antenna shall be dependent on the reception of usable satellite signals, and/or the size of the satellite dish antenna. Where usable signals can be obtained, the antenna shall be ground-mounted and located in the rear yard. If usable signals cannot be obtained from such rear yard location, the antenna shall be ground-mounted and located in either side yard. If usable signals cannot be obtained from such side yard location, the antenna may be mounted on a pole or any other structure. In no event shall a satellite dish antenna be located in the front yard. Notwithstanding anything above to the contrary, a satellite dish antenna six (6) feet four (4) inches or less in diameter may be mounted on the roof of any building other than a single-family dwelling unit. On lots having no rear yard (through lots) and on corner lots where the designated front of the main building faces a side street, the rear, side, and front yards, as used herein, shall mean the yards at the rear, side and front of the building.

(c)

Usable satellite signals shall be those signals from communication satellites which are at least equal in quality to that received from local commercial stations or by way of cable television, or which meet accepted broadcast industry standards of good engineering practice.

(d)

Screening shall be provided along the rear and sides of any ground-mounted or roof-mounted satellite dish antenna, when such antenna is visible from the street or surrounding property as viewed at ground level.

(e)

Satellite dish antennas may be located within any required green area or in any required landscaped area except along a street.

(CB-19-1985; CB-5-1991; CB-54-1991)

Effective on: 1/1/1901

Sec. 27-541.03. Car Sharing in Mixed Use Zones.

For development proposals within a Metro or light rail station that is existing, is funded for future construction, or has final design approval, parking requirements may be reduced based on development density for each parking space designated for a car-sharing vehicle by Memorandum of Understanding between a car sharing corporation or company and the development applicant. The reduction shall not exceed fifteen (15%) percent of the total minimum required parking spaces for Mixed-Use Zones. The reduction shall be determined during the development review process and in accordance with the below chart:

Location	The maximum number of parking spaces that may be reduced per each designated car-share
Buildings within ¼ mile of a Metro or Light Rail Station	8
Buildings within ½ mile from a Metro Station or Light Rail Station	6

(CB-51-2011)

Effective on: 1/1/1901

Sec. 27-547. Uses permitted.

(a)

No use shall be allowed in the Mixed Use Zones, except as provided for in the Table of Uses. In the table, the following applies:

(1)
The letter "P" indicates that the use is permitted in the zone indicated.
(2)
The letters "SE" indicate that the use is permitted, subject to the approval of a Special Exception in accordance with PART 4 of this Subtitle.
(3)
The letters "PA" indicate that the use is permitted, subject to the following:
1. (A)
  There shall be no entrances to the use directly from outside the building;
2. (B)
  No signs or other evidence indicating the existence of the use shall be visible from the outside of the building, other than a business identification sign lettered on a window. The sign shall not exceed six (6) square feet in area; and
3. (C)
  The use is secondary to the primary use of the building;
(4)
The letters "PB" indicate that the use is permitted, subject to the following:
1. (A)
  The use shall be related to, dependent on, and secondary to a principal use on the premises;
2. (B)
  The use shall be located on the same record lot as the principal use;
3. (C)
  The use shall not be located within a building not occupied by the principal use; and
4. (D)
  The floor area of any building (and the land area occupied by any structure other than a building) devoted to the use shall not exceed an area equal to forty-five percent (45%) of the gross floor area of the building within which the principal use is located.
(5)
The letters "SP" indicate that the use is permitted subject to the approval of a Special Permit, in accordance with Section 27-239.02.
(6)
The letter "X" or a blank (unless otherwise clear from the context) indicates that the use is prohibited.
(7)
All uses not listed are prohibited.
(8)
Whenever the table refers to an allowed use, that use is either permitted (P), permitted by Special Exception (SE), permitted by Special Permit (SP), or permitted as a (PA) or (PB) use, as accordingly listed in the zone in which it is allowed.

(CB-23-1988; CB-2-1994)

(b)
TABLE OF USES.

ZONE
USE	M-X-T	M-X-C
(1) COMMERCIAL:
All Types Offices and Research	P	P
Banks, savings and loan association, or other savings or lending institution	P	P
Bulk Retailing (CB-83-2006)	X⁹	X
Check Cashing Business (CB-23-2009)	SE¹¹	SE¹¹
Data processing facilities	P	P
Eating or Drinking Establishments	P	P
Offices (may include a private spa in a medical practitioner's office or medical clinic)	P	P
Research, development, and testing laboratory (may include testing facilities and equipment), medical or dental laboratory	P	P⁶
Services and Trade (Generally Retail):
Barber or beauty shop	P	P
Blue printing, photostating, or other photocopying establishment	P	P
Book (except adult book store), camera, gift, jewelry, music, souvenir, or other specialty store not specifically listed, excluding tobacco shops or electronic cigarette shops (CB-63-1992; CB-92-2015)	P	P
Buying of items within guest rooms or vehicles, pursuant to Section 27-115(a)(2)	X	X
Department store	P	X
Dry cleaning or laundry establishment	P	P
Drug paraphernalia display or sales, pursuant to Section 27-115(a)	X	X
Drug store	P	P
Food Halls (CB-70-2020)	P²¹	P²¹
Food or beverage store (CB-63-1992)	P	P
Gas station:
(A) With or without a service center for minor repairs (placed underground or in a wholly enclosed structure)	P	P
(B) With or without a service center, and may include a car wash (CB-63-1992)	X	P
Hardware store (CB-63-1992)	P	P
Hobby shop	P	P
Pet grooming establishment (CB-63-1992)	P	P
Pet (sales) shop, provided all animals are confined to the interior of the building and adequate measures are taken to control noise and odor (CB-63-1992)	P	P
Photographic supply store	P	P
Private Automobile and Other Motor Vehicle Auctions (CB-59-2010)	X¹²	X
Repair shops for small items (such as bicycles, watches, clothing, and shoes) (CB-63-1992)	P	P
Retail tobacco business (CB-15-2017)	SE	SE
Seafood market (CB-49-1987)	P	P
Seasonal decorations display and sales as a temporary use, in accordance with Sections 27-260 and 27-261	P	P
Studio for artistic practice	P	P
Tobacco shop or electronic cigarette shop (CB-92-2015)	SE	SE
Valet shop	P	P
Variety or dry goods store	P	X
Vehicle Parts Store including minor installation services with no outdoor storage in accordance with Section 27-548.01.05 (CB-16-2014)	P	X
Vehicle or camping trailer rental (CB-95-2017)	P²⁰	X
Veterinary clinic (CB-63-1992)	P	P
Waterfront Entertainment/Retail Complex (CB-44-1997)	P	X
(2) INDUSTRIAL:
Manufacturing, fabrication, assembly or repair of the following, from materials or parts previously produced elsewhere:
Artist's supplies and equipment	P	X
Business machines	P	X
Drafting supplies and equipment	P	X
Electrical and electronic equipment and component parts for radio, television, telephone, computer, and similar equipment	P	X
Flex Space (CB-28-2012; CB-085-2021)	P^{13, 22}	X
Jewelry and silverware	P	X
Musical instruments	P	X
Optical equipment and supplies	P	X
Photographic developing and processing establishment	P	X
Photographic equipment and supplies	P	X
Scientific and precision instruments, devices, and supplies	P	X
Small electrical household appliances (including televisions, but excluding refrigerators and the like)	P	X
Surgical, medical, and dental instruments, devices, and supplies	P	X
Toys, sporting and athletic equipment (excluding ammunition, firearms, and fireworks)	P	X
Warehouse and Distribution (CB-51-2021)	P²³	X
Watches, clocks, and similar timing devices	P	X
Wearing apparel	P	X
Where not otherwise specifically permitted, any use allowed in the I-1 Zone (excluding those permitted by Special Exception) (CB-6-2007)	P¹⁰	X
(3) INSTITUTIONAL/EDUCATIONAL:
Adult day care facility (CB-63-1992)	P	P
Assisted Living Facility:
(A) Subject to the requirements of Section 27-464.04(a)(1),and (2)(A), (C), (D), and (E)	P	P
(B) All others (CB-26-2002; CB-56-2014; CB-26-2015)	P^{14, 15, 16}	X
Church or similar place of worship, convent, or monastery (CB-23-1988)	P	P
Congregate Living Facility (CB-26-2015)	P	P
Day care center for children (CB-23-1988)	P	P
Eleemosynary or philanthropic institution (CB-99-2013)	P	P
Family day care	P	P
Hospital (CB-99-2013)	P	X
Modular classroom as a temporary use, in accordance with Sections 27-260 and 27-261 (CB-106-1989)	P	P
Nursing or Care Home (CB-26-2002; CB-26-2015)	P	P
School, private or public, all types (which may include private spas)	P	P
Small group child care center (CB-131-1993)	P	P
(4) MISCELLANEOUS:
Accessory structures and uses	P	P
Cemetery, accessory to a church, convent, or monastery⁵ (CB-11-1991)	P	P
Home occupations (except in multifamily dwellings)	P	P
Medical Cannabis Dispensary (CB-5-2016)	SE¹⁸	X
Metro Planned Community (CB-35-1998)	P	X
Mixed Use Planned Community; list of permitted uses is the same as in the M-X-T Zone (CB-13-2002)	P	X
Mobile home, with use for which amusement taxes collected²	P	X
Other uses of appropriate size, which can be justified as similar to one of the uses listed in this Section	P	P
Qualified data center in accordance with Section 27-548.01.07 (CB-1-2021)	P	X
Real estate subdivision sales office as a temporary use, in accordance with Sections 27-260 and 27-261	P	P
Regional Urban Community (CB-29-2008)	P	X
Signs, in accordance with PART 12	P	P
Temporary contractor's office (must include sanitary facilities), construction yard, construction shed, or storage building, in connection with a construction project on the same property; provided no item stored or assembled there is offered for sale at the location, and in accordance with Sections 27-260 and 27-261	P	P
(5) PUBLIC/QUASI PUBLIC:
Library	P	P
Post office	P	P
Public building and use, if not otherwise specified (CB-63-1992)	X	P
Sanitary Landfill or rubble fill (CB-63-1992)	X	X
Volunteer fire, ambulance, or rescue station¹	P	P
(6) RECREATIONAL/ENTERTAINMENT/SOCIAL/CULTURAL:
Community building	P	P
Convention center	P	X
Exhibition halls and facilities	P	X
Golf course or country club (CB-63-1992)	P	P
Indoor theater or recital hall	P	P
Marina:
(A) In accordance with Sections 27-371.01(a) and 27-548.01.01	P	SE
(B) All others (CB-72-1987; CB-34-1989)	SE	SE
Museum, art gallery, aquarium, cultural center, or similar facility (noncommercial)	P	P
Outdoor exhibition, displays, entertainment, or performance	P	P
Park, playground, or other outdoor recreational area	P	P
Private club or service organization	P	P
Recreational or entertainment establishment (commercial or noncommercial):
(A) In accordance with Section 27-548.01.04 (Recreational or Entertainment Establishment with Video Lottery Facility)	P	X
(B) All others (CB-6-2014)	P	P
Reducing/exercise salon or health club	P	P
Skating facility (CB-89-1994)	P	P
Spa, community	P	P
Spa, private	P	P
Spa, public, accessory to hotel, motel, reducing/exercise salon, health club, or swimming pool	P	P
Swimming pool (indoor or outdoor) commercial or noncommercial (CB-63-1992)	P	P
Tennis, basketball, handball, or similar court (indoor or outdoor) commercial or noncommercial (CB-63-1992)	P	P
(7) RESIDENTIAL/LODGING:
Country inn (CB-63-1992)	P	P
Dwellings, all types (except mobile homes) (CB-56-1996)	P⁷	P
Flag lot development, subject to the provisions of Section 24-138.01 of Subtitle 24 (CB-25-2002)	X	P
Group residential facility for up to 8 mentally handicapped dependent persons	P	P
Group residential facility (CB-19-2015)	P¹⁷	X
Hotel or motel	P	P
Residential Revitalization in accordance with Section 27-445.10 (CB-95-2016)	P¹⁹	X
Tourist home (CB-63-1992, CB-10-2018)	P	P
"Tourist Home" as an "Accessory Use" to a "Dwelling" in accordance with Section 27-548.01.06 (effective 10/1/2019) (CB-10-2018)	P	P
(8) TRANSPORTATION/PARKING/COMMUNICATIONS/UTILITIES:
Heliport	P	SE
Helistop (CB-63-1992)	P	SE
Parking lot or garage, or loading area, in accordance with PART 11	P	P
Parking of mobile home in public rights-of-way³	X	X
Parking of mobile home not otherwise provided for	X	X
Passenger transportation station or depot (such as rapid transit station, bus stop, taxi or auto rental stand)	P	P
Public utility use or structure:
(A) Railroad yard, round house, car barn, and freight station	X	X
(B) All others	P	P
Radio or television broadcasting studio	P	X
Satellite dish antenna, in accordance with Section 27-541.02:
(A) Up to 10 feet in diameter, to serve only 1 dwelling unit	P	X
(B) Over 10 feet in diameter, to serve only 1 dwelling unit	SE	X
(C) All others (CB-19-1985)	P	X
Storage of any motor vehicle which is wrecked, dismantled, or not currently licensed, except where specifically authorized⁴ (CB-4-1987)	X	X
Telegraph or messenger service	P	P
Tower, pole, or antenna (electronic, radio, or television, transmitting or receiving), except a public utility structure or a satellite dish antenna:⁸
(A) Maximum of 150 feet	P	P
(B) Exceeding 150 feet (CB-123-1994; CB-103-1997)	SE	SE

ZONE
USE	M-X-T	M-X-C
(1) COMMERCIAL:
All Types Offices and Research	P	P
Banks, savings and loan association, or other savings or lending institution	P	P
Bulk Retailing (CB-83-2006)	X⁹	X
Check Cashing Business (CB-23-2009)	SE¹¹	SE¹¹
Data processing facilities	P	P
Eating or Drinking Establishments	P	P
Offices (may include a private spa in a medical practitioner's office or medical clinic)	P	P
Research, development, and testing laboratory (may include testing facilities and equipment), medical or dental laboratory	P	P⁶
Services and Trade (Generally Retail):
Barber or beauty shop	P	P
Blue printing, photostating, or other photocopying establishment	P	P
Book (except adult book store), camera, gift, jewelry, music, souvenir, or other specialty store not specifically listed, excluding tobacco shops or electronic cigarette shops (CB-63-1992; CB-92-2015)	P	P
Buying of items within guest rooms or vehicles, pursuant to Section 27-115(a)(2)	X	X
Department store	P	X
Dry cleaning or laundry establishment	P	P
Drug paraphernalia display or sales, pursuant to Section 27-115(a)	X	X
Drug store	P	P
Food Halls (CB-70-2020)	P²¹	P²¹
Food or beverage store (CB-63-1992)	P	P
Gas station:
(A) With or without a service center for minor repairs (placed underground or in a wholly enclosed structure)	P	P
(B) With or without a service center, and may include a car wash (CB-63-1992)	X	P
Hardware store (CB-63-1992)	P	P
Hobby shop	P	P
Pet grooming establishment (CB-63-1992)	P	P
Pet (sales) shop, provided all animals are confined to the interior of the building and adequate measures are taken to control noise and odor (CB-63-1992)	P	P
Photographic supply store	P	P
Private Automobile and Other Motor Vehicle Auctions (CB-59-2010)	X¹²	X
Repair shops for small items (such as bicycles, watches, clothing, and shoes) (CB-63-1992)	P	P
Retail tobacco business (CB-15-2017)	SE	SE
Seafood market (CB-49-1987)	P	P
Seasonal decorations display and sales as a temporary use, in accordance with Sections 27-260 and 27-261	P	P
Studio for artistic practice	P	P
Tobacco shop or electronic cigarette shop (CB-92-2015)	SE	SE
Valet shop	P	P
Variety or dry goods store	P	X
Vehicle Parts Store including minor installation services with no outdoor storage in accordance with Section 27-548.01.05 (CB-16-2014)	P	X
Vehicle or camping trailer rental (CB-95-2017)	P²⁰	X
Veterinary clinic (CB-63-1992)	P	P
Waterfront Entertainment/Retail Complex (CB-44-1997)	P	X
(2) INDUSTRIAL:
Manufacturing, fabrication, assembly or repair of the following, from materials or parts previously produced elsewhere:
Artist's supplies and equipment	P	X
Business machines	P	X
Drafting supplies and equipment	P	X
Electrical and electronic equipment and component parts for radio, television, telephone, computer, and similar equipment	P	X
Flex Space (CB-28-2012; CB-085-2021)	P^{13, 22}	X
Jewelry and silverware	P	X
Musical instruments	P	X
Optical equipment and supplies	P	X
Photographic developing and processing establishment	P	X
Photographic equipment and supplies	P	X
Scientific and precision instruments, devices, and supplies	P	X
Small electrical household appliances (including televisions, but excluding refrigerators and the like)	P	X
Surgical, medical, and dental instruments, devices, and supplies	P	X
Toys, sporting and athletic equipment (excluding ammunition, firearms, and fireworks)	P	X
Warehouse and Distribution (CB-51-2021)	P²³	X
Watches, clocks, and similar timing devices	P	X
Wearing apparel	P	X
Where not otherwise specifically permitted, any use allowed in the I-1 Zone (excluding those permitted by Special Exception) (CB-6-2007)	P¹⁰	X
(3) INSTITUTIONAL/EDUCATIONAL:
Adult day care facility (CB-63-1992)	P	P
Assisted Living Facility:
(A) Subject to the requirements of Section 27-464.04(a)(1),and (2)(A), (C), (D), and (E)	P	P
(B) All others (CB-26-2002; CB-56-2014; CB-26-2015)	P^{14, 15, 16}	X
Church or similar place of worship, convent, or monastery (CB-23-1988)	P	P
Congregate Living Facility (CB-26-2015)	P	P
Day care center for children (CB-23-1988)	P	P
Eleemosynary or philanthropic institution (CB-99-2013)	P	P
Family day care	P	P
Hospital (CB-99-2013)	P	X
Modular classroom as a temporary use, in accordance with Sections 27-260 and 27-261 (CB-106-1989)	P	P
Nursing or Care Home (CB-26-2002; CB-26-2015)	P	P
School, private or public, all types (which may include private spas)	P	P
Small group child care center (CB-131-1993)	P	P
(4) MISCELLANEOUS:
Accessory structures and uses	P	P
Cemetery, accessory to a church, convent, or monastery⁵ (CB-11-1991)	P	P
Home occupations (except in multifamily dwellings)	P	P
Medical Cannabis Dispensary (CB-5-2016)	SE¹⁸	X
Metro Planned Community (CB-35-1998)	P	X
Mixed Use Planned Community; list of permitted uses is the same as in the M-X-T Zone (CB-13-2002)	P	X
Mobile home, with use for which amusement taxes collected²	P	X
Other uses of appropriate size, which can be justified as similar to one of the uses listed in this Section	P	P
Qualified data center in accordance with Section 27-548.01.07 (CB-1-2021)	P	X
Real estate subdivision sales office as a temporary use, in accordance with Sections 27-260 and 27-261	P	P
Regional Urban Community (CB-29-2008)	P	X
Signs, in accordance with PART 12	P	P
Temporary contractor's office (must include sanitary facilities), construction yard, construction shed, or storage building, in connection with a construction project on the same property; provided no item stored or assembled there is offered for sale at the location, and in accordance with Sections 27-260 and 27-261	P	P
(5) PUBLIC/QUASI PUBLIC:
Library	P	P
Post office	P	P
Public building and use, if not otherwise specified (CB-63-1992)	X	P
Sanitary Landfill or rubble fill (CB-63-1992)	X	X
Volunteer fire, ambulance, or rescue station¹	P	P
(6) RECREATIONAL/ENTERTAINMENT/SOCIAL/CULTURAL:
Community building	P	P
Convention center	P	X
Exhibition halls and facilities	P	X
Golf course or country club (CB-63-1992)	P	P
Indoor theater or recital hall	P	P
Marina:
(A) In accordance with Sections 27-371.01(a) and 27-548.01.01	P	SE
(B) All others (CB-72-1987; CB-34-1989)	SE	SE
Museum, art gallery, aquarium, cultural center, or similar facility (noncommercial)	P	P
Outdoor exhibition, displays, entertainment, or performance	P	P
Park, playground, or other outdoor recreational area	P	P
Private club or service organization	P	P
Recreational or entertainment establishment (commercial or noncommercial):
(A) In accordance with Section 27-548.01.04 (Recreational or Entertainment Establishment with Video Lottery Facility)	P	X
(B) All others (CB-6-2014)	P	P
Reducing/exercise salon or health club	P	P
Skating facility (CB-89-1994)	P	P
Spa, community	P	P
Spa, private	P	P
Spa, public, accessory to hotel, motel, reducing/exercise salon, health club, or swimming pool	P	P
Swimming pool (indoor or outdoor) commercial or noncommercial (CB-63-1992)	P	P
Tennis, basketball, handball, or similar court (indoor or outdoor) commercial or noncommercial (CB-63-1992)	P	P
(7) RESIDENTIAL/LODGING:
Country inn (CB-63-1992)	P	P
Dwellings, all types (except mobile homes) (CB-56-1996)	P⁷	P
Flag lot development, subject to the provisions of Section 24-138.01 of Subtitle 24 (CB-25-2002)	X	P
Group residential facility for up to 8 mentally handicapped dependent persons	P	P
Group residential facility (CB-19-2015)	P¹⁷	X
Hotel or motel	P	P
Residential Revitalization in accordance with Section 27-445.10 (CB-95-2016)	P¹⁹	X
Tourist home (CB-63-1992, CB-10-2018)	P	P
"Tourist Home" as an "Accessory Use" to a "Dwelling" in accordance with Section 27-548.01.06 (effective 10/1/2019) (CB-10-2018)	P	P
(8) TRANSPORTATION/PARKING/COMMUNICATIONS/UTILITIES:
Heliport	P	SE
Helistop (CB-63-1992)	P	SE
Parking lot or garage, or loading area, in accordance with PART 11	P	P
Parking of mobile home in public rights-of-way³	X	X
Parking of mobile home not otherwise provided for	X	X
Passenger transportation station or depot (such as rapid transit station, bus stop, taxi or auto rental stand)	P	P
Public utility use or structure:
(A) Railroad yard, round house, car barn, and freight station	X	X
(B) All others	P	P
Radio or television broadcasting studio	P	X
Satellite dish antenna, in accordance with Section 27-541.02:
(A) Up to 10 feet in diameter, to serve only 1 dwelling unit	P	X
(B) Over 10 feet in diameter, to serve only 1 dwelling unit	SE	X
(C) All others (CB-19-1985)	P	X
Storage of any motor vehicle which is wrecked, dismantled, or not currently licensed, except where specifically authorized⁴ (CB-4-1987)	X	X
Telegraph or messenger service	P	P
Tower, pole, or antenna (electronic, radio, or television, transmitting or receiving), except a public utility structure or a satellite dish antenna:⁸
(A) Maximum of 150 feet	P	P
(B) Exceeding 150 feet (CB-123-1994; CB-103-1997)	SE	SE

ZONE
USE	M-X-T	M-X-C
(1) COMMERCIAL:
All Types Offices and Research	P	P
Banks, savings and loan association, or other savings or lending institution	P	P
Bulk Retailing (CB-83-2006)	X⁹	X
Check Cashing Business (CB-23-2009)	SE¹¹	SE¹¹
Data processing facilities	P	P
Eating or Drinking Establishments	P	P
Offices (may include a private spa in a medical practitioner's office or medical clinic)	P	P
Research, development, and testing laboratory (may include testing facilities and equipment), medical or dental laboratory	P	P⁶
Services and Trade (Generally Retail):
Barber or beauty shop	P	P
Blue printing, photostating, or other photocopying establishment	P	P
Book (except adult book store), camera, gift, jewelry, music, souvenir, or other specialty store not specifically listed, excluding tobacco shops or electronic cigarette shops (CB-63-1992; CB-92-2015)	P	P
Buying of items within guest rooms or vehicles, pursuant to Section 27-115(a)(2)	X	X
Department store	P	X
Dry cleaning or laundry establishment	P	P
Drug paraphernalia display or sales, pursuant to Section 27-115(a)	X	X
Drug store	P	P
Food Halls (CB-70-2020)	P²¹	P²¹
Food or beverage store (CB-63-1992)	P	P
Gas station:
(A) With or without a service center for minor repairs (placed underground or in a wholly enclosed structure)	P	P
(B) With or without a service center, and may include a car wash (CB-63-1992)	X	P
Hardware store (CB-63-1992)	P	P
Hobby shop	P	P
Pet grooming establishment (CB-63-1992)	P	P
Pet (sales) shop, provided all animals are confined to the interior of the building and adequate measures are taken to control noise and odor (CB-63-1992)	P	P
Photographic supply store	P	P
Private Automobile and Other Motor Vehicle Auctions (CB-59-2010)	X¹²	X
Repair shops for small items (such as bicycles, watches, clothing, and shoes) (CB-63-1992)	P	P
Retail tobacco business (CB-15-2017)	SE	SE
Seafood market (CB-49-1987)	P	P
Seasonal decorations display and sales as a temporary use, in accordance with Sections 27-260 and 27-261	P	P
Studio for artistic practice	P	P
Tobacco shop or electronic cigarette shop (CB-92-2015)	SE	SE
Valet shop	P	P
Variety or dry goods store	P	X
Vehicle Parts Store including minor installation services with no outdoor storage in accordance with Section 27-548.01.05 (CB-16-2014)	P	X
Vehicle or camping trailer rental (CB-95-2017)	P²⁰	X
Veterinary clinic (CB-63-1992)	P	P
Waterfront Entertainment/Retail Complex (CB-44-1997)	P	X
(2) INDUSTRIAL:
Manufacturing, fabrication, assembly or repair of the following, from materials or parts previously produced elsewhere:
Artist's supplies and equipment	P	X
Business machines	P	X
Drafting supplies and equipment	P	X
Electrical and electronic equipment and component parts for radio, television, telephone, computer, and similar equipment	P	X
Flex Space (CB-28-2012; CB-085-2021)	P^{13, 22}	X
Jewelry and silverware	P	X
Musical instruments	P	X
Optical equipment and supplies	P	X
Photographic developing and processing establishment	P	X
Photographic equipment and supplies	P	X
Scientific and precision instruments, devices, and supplies	P	X
Small electrical household appliances (including televisions, but excluding refrigerators and the like)	P	X
Surgical, medical, and dental instruments, devices, and supplies	P	X
Toys, sporting and athletic equipment (excluding ammunition, firearms, and fireworks)	P	X
Warehouse and Distribution (CB-51-2021)	P²³	X
Watches, clocks, and similar timing devices	P	X
Wearing apparel	P	X
Where not otherwise specifically permitted, any use allowed in the I-1 Zone (excluding those permitted by Special Exception) (CB-6-2007)	P¹⁰	X
(3) INSTITUTIONAL/EDUCATIONAL:
Adult day care facility (CB-63-1992)	P	P
Assisted Living Facility:
(A) Subject to the requirements of Section 27-464.04(a)(1),and (2)(A), (C), (D), and (E)	P	P
(B) All others (CB-26-2002; CB-56-2014; CB-26-2015)	P^{14, 15, 16}	X
Church or similar place of worship, convent, or monastery (CB-23-1988)	P	P
Congregate Living Facility (CB-26-2015)	P	P
Day care center for children (CB-23-1988)	P	P
Eleemosynary or philanthropic institution (CB-99-2013)	P	P
Family day care	P	P
Hospital (CB-99-2013)	P	X
Modular classroom as a temporary use, in accordance with Sections 27-260 and 27-261 (CB-106-1989)	P	P
Nursing or Care Home (CB-26-2002; CB-26-2015)	P	P
School, private or public, all types (which may include private spas)	P	P
Small group child care center (CB-131-1993)	P	P
(4) MISCELLANEOUS:
Accessory structures and uses	P	P
Cemetery, accessory to a church, convent, or monastery⁵ (CB-11-1991)	P	P
Home occupations (except in multifamily dwellings)	P	P
Medical Cannabis Dispensary (CB-5-2016)	SE¹⁸	X
Metro Planned Community (CB-35-1998)	P	X
Mixed Use Planned Community; list of permitted uses is the same as in the M-X-T Zone (CB-13-2002)	P	X
Mobile home, with use for which amusement taxes collected²	P	X
Other uses of appropriate size, which can be justified as similar to one of the uses listed in this Section	P	P
Qualified data center in accordance with Section 27-548.01.07 (CB-1-2021)	P	X
Real estate subdivision sales office as a temporary use, in accordance with Sections 27-260 and 27-261	P	P
Regional Urban Community (CB-29-2008)	P	X
Signs, in accordance with PART 12	P	P
Temporary contractor's office (must include sanitary facilities), construction yard, construction shed, or storage building, in connection with a construction project on the same property; provided no item stored or assembled there is offered for sale at the location, and in accordance with Sections 27-260 and 27-261	P	P
(5) PUBLIC/QUASI PUBLIC:
Library	P	P
Post office	P	P
Public building and use, if not otherwise specified (CB-63-1992)	X	P
Sanitary Landfill or rubble fill (CB-63-1992)	X	X
Volunteer fire, ambulance, or rescue station¹	P	P
(6) RECREATIONAL/ENTERTAINMENT/SOCIAL/CULTURAL:
Community building	P	P
Convention center	P	X
Exhibition halls and facilities	P	X
Golf course or country club (CB-63-1992)	P	P
Indoor theater or recital hall	P	P
Marina:
(A) In accordance with Sections 27-371.01(a) and 27-548.01.01	P	SE
(B) All others (CB-72-1987; CB-34-1989)	SE	SE
Museum, art gallery, aquarium, cultural center, or similar facility (noncommercial)	P	P
Outdoor exhibition, displays, entertainment, or performance	P	P
Park, playground, or other outdoor recreational area	P	P
Private club or service organization	P	P
Recreational or entertainment establishment (commercial or noncommercial):
(A) In accordance with Section 27-548.01.04 (Recreational or Entertainment Establishment with Video Lottery Facility)	P	X
(B) All others (CB-6-2014)	P	P
Reducing/exercise salon or health club	P	P
Skating facility (CB-89-1994)	P	P
Spa, community	P	P
Spa, private	P	P
Spa, public, accessory to hotel, motel, reducing/exercise salon, health club, or swimming pool	P	P
Swimming pool (indoor or outdoor) commercial or noncommercial (CB-63-1992)	P	P
Tennis, basketball, handball, or similar court (indoor or outdoor) commercial or noncommercial (CB-63-1992)	P	P
(7) RESIDENTIAL/LODGING:
Country inn (CB-63-1992)	P	P
Dwellings, all types (except mobile homes) (CB-56-1996)	P⁷	P
Flag lot development, subject to the provisions of Section 24-138.01 of Subtitle 24 (CB-25-2002)	X	P
Group residential facility for up to 8 mentally handicapped dependent persons	P	P
Group residential facility (CB-19-2015)	P¹⁷	X
Hotel or motel	P	P
Residential Revitalization in accordance with Section 27-445.10 (CB-95-2016)	P¹⁹	X
Tourist home (CB-63-1992, CB-10-2018)	P	P
"Tourist Home" as an "Accessory Use" to a "Dwelling" in accordance with Section 27-548.01.06 (effective 10/1/2019) (CB-10-2018)	P	P
(8) TRANSPORTATION/PARKING/COMMUNICATIONS/UTILITIES:
Heliport	P	SE
Helistop (CB-63-1992)	P	SE
Parking lot or garage, or loading area, in accordance with PART 11	P	P
Parking of mobile home in public rights-of-way³	X	X
Parking of mobile home not otherwise provided for	X	X
Passenger transportation station or depot (such as rapid transit station, bus stop, taxi or auto rental stand)	P	P
Public utility use or structure:
(A) Railroad yard, round house, car barn, and freight station	X	X
(B) All others	P	P
Radio or television broadcasting studio	P	X
Satellite dish antenna, in accordance with Section 27-541.02:
(A) Up to 10 feet in diameter, to serve only 1 dwelling unit	P	X
(B) Over 10 feet in diameter, to serve only 1 dwelling unit	SE	X
(C) All others (CB-19-1985)	P	X
Storage of any motor vehicle which is wrecked, dismantled, or not currently licensed, except where specifically authorized⁴ (CB-4-1987)	X	X
Telegraph or messenger service	P	P
Tower, pole, or antenna (electronic, radio, or television, transmitting or receiving), except a public utility structure or a satellite dish antenna:⁸
(A) Maximum of 150 feet	P	P
(B) Exceeding 150 feet (CB-123-1994; CB-103-1997)	SE	SE

ZONE
USE	M-X-T	M-X-C
(1) COMMERCIAL:
All Types Offices and Research	P	P
Banks, savings and loan association, or other savings or lending institution	P	P
Bulk Retailing (CB-83-2006)	X⁹	X
Check Cashing Business (CB-23-2009)	SE¹¹	SE¹¹
Data processing facilities	P	P
Eating or Drinking Establishments	P	P
Offices (may include a private spa in a medical practitioner's office or medical clinic)	P	P
Research, development, and testing laboratory (may include testing facilities and equipment), medical or dental laboratory	P	P⁶
Services and Trade (Generally Retail):
Barber or beauty shop	P	P
Blue printing, photostating, or other photocopying establishment	P	P
Book (except adult book store), camera, gift, jewelry, music, souvenir, or other specialty store not specifically listed, excluding tobacco shops or electronic cigarette shops (CB-63-1992; CB-92-2015)	P	P
Buying of items within guest rooms or vehicles, pursuant to Section 27-115(a)(2)	X	X
Department store	P	X
Dry cleaning or laundry establishment	P	P
Drug paraphernalia display or sales, pursuant to Section 27-115(a)	X	X
Drug store	P	P
Food Halls (CB-70-2020)	P²¹	P²¹
Food or beverage store (CB-63-1992)	P	P
Gas station:
(A) With or without a service center for minor repairs (placed underground or in a wholly enclosed structure)	P	P
(B) With or without a service center, and may include a car wash (CB-63-1992)	X	P
Hardware store (CB-63-1992)	P	P
Hobby shop	P	P
Pet grooming establishment (CB-63-1992)	P	P
Pet (sales) shop, provided all animals are confined to the interior of the building and adequate measures are taken to control noise and odor (CB-63-1992)	P	P
Photographic supply store	P	P
Private Automobile and Other Motor Vehicle Auctions (CB-59-2010)	X¹²	X
Repair shops for small items (such as bicycles, watches, clothing, and shoes) (CB-63-1992)	P	P
Retail tobacco business (CB-15-2017)	SE	SE
Seafood market (CB-49-1987)	P	P
Seasonal decorations display and sales as a temporary use, in accordance with Sections 27-260 and 27-261	P	P
Studio for artistic practice	P	P
Tobacco shop or electronic cigarette shop (CB-92-2015)	SE	SE
Valet shop	P	P
Variety or dry goods store	P	X
Vehicle Parts Store including minor installation services with no outdoor storage in accordance with Section 27-548.01.05 (CB-16-2014)	P	X
Vehicle or camping trailer rental (CB-95-2017)	P²⁰	X
Veterinary clinic (CB-63-1992)	P	P
Waterfront Entertainment/Retail Complex (CB-44-1997)	P	X
(2) INDUSTRIAL:
Manufacturing, fabrication, assembly or repair of the following, from materials or parts previously produced elsewhere:
Artist's supplies and equipment	P	X
Business machines	P	X
Drafting supplies and equipment	P	X
Electrical and electronic equipment and component parts for radio, television, telephone, computer, and similar equipment	P	X
Flex Space (CB-28-2012; CB-085-2021)	P^{13, 22}	X
Jewelry and silverware	P	X
Musical instruments	P	X
Optical equipment and supplies	P	X
Photographic developing and processing establishment	P	X
Photographic equipment and supplies	P	X
Scientific and precision instruments, devices, and supplies	P	X
Small electrical household appliances (including televisions, but excluding refrigerators and the like)	P	X
Surgical, medical, and dental instruments, devices, and supplies	P	X
Toys, sporting and athletic equipment (excluding ammunition, firearms, and fireworks)	P	X
Warehouse and Distribution (CB-51-2021)	P²³	X
Watches, clocks, and similar timing devices	P	X
Wearing apparel	P	X
Where not otherwise specifically permitted, any use allowed in the I-1 Zone (excluding those permitted by Special Exception) (CB-6-2007)	P¹⁰	X
(3) INSTITUTIONAL/EDUCATIONAL:
Adult day care facility (CB-63-1992)	P	P
Assisted Living Facility:
(A) Subject to the requirements of Section 27-464.04(a)(1),and (2)(A), (C), (D), and (E)	P	P
(B) All others (CB-26-2002; CB-56-2014; CB-26-2015)	P^{14, 15, 16}	X
Church or similar place of worship, convent, or monastery (CB-23-1988)	P	P
Congregate Living Facility (CB-26-2015)	P	P
Day care center for children (CB-23-1988)	P	P
Eleemosynary or philanthropic institution (CB-99-2013)	P	P
Family day care	P	P
Hospital (CB-99-2013)	P	X
Modular classroom as a temporary use, in accordance with Sections 27-260 and 27-261 (CB-106-1989)	P	P
Nursing or Care Home (CB-26-2002; CB-26-2015)	P	P
School, private or public, all types (which may include private spas)	P	P
Small group child care center (CB-131-1993)	P	P
(4) MISCELLANEOUS:
Accessory structures and uses	P	P
Cemetery, accessory to a church, convent, or monastery⁵ (CB-11-1991)	P	P
Home occupations (except in multifamily dwellings)	P	P
Medical Cannabis Dispensary (CB-5-2016)	SE¹⁸	X
Metro Planned Community (CB-35-1998)	P	X
Mixed Use Planned Community; list of permitted uses is the same as in the M-X-T Zone (CB-13-2002)	P	X
Mobile home, with use for which amusement taxes collected²	P	X
Other uses of appropriate size, which can be justified as similar to one of the uses listed in this Section	P	P
Qualified data center in accordance with Section 27-548.01.07 (CB-1-2021)	P	X
Real estate subdivision sales office as a temporary use, in accordance with Sections 27-260 and 27-261	P	P
Regional Urban Community (CB-29-2008)	P	X
Signs, in accordance with PART 12	P	P
Temporary contractor's office (must include sanitary facilities), construction yard, construction shed, or storage building, in connection with a construction project on the same property; provided no item stored or assembled there is offered for sale at the location, and in accordance with Sections 27-260 and 27-261	P	P
(5) PUBLIC/QUASI PUBLIC:
Library	P	P
Post office	P	P
Public building and use, if not otherwise specified (CB-63-1992)	X	P
Sanitary Landfill or rubble fill (CB-63-1992)	X	X
Volunteer fire, ambulance, or rescue station¹	P	P
(6) RECREATIONAL/ENTERTAINMENT/SOCIAL/CULTURAL:
Community building	P	P
Convention center	P	X
Exhibition halls and facilities	P	X
Golf course or country club (CB-63-1992)	P	P
Indoor theater or recital hall	P	P
Marina:
(A) In accordance with Sections 27-371.01(a) and 27-548.01.01	P	SE
(B) All others (CB-72-1987; CB-34-1989)	SE	SE
Museum, art gallery, aquarium, cultural center, or similar facility (noncommercial)	P	P
Outdoor exhibition, displays, entertainment, or performance	P	P
Park, playground, or other outdoor recreational area	P	P
Private club or service organization	P	P
Recreational or entertainment establishment (commercial or noncommercial):
(A) In accordance with Section 27-548.01.04 (Recreational or Entertainment Establishment with Video Lottery Facility)	P	X
(B) All others (CB-6-2014)	P	P
Reducing/exercise salon or health club	P	P
Skating facility (CB-89-1994)	P	P
Spa, community	P	P
Spa, private	P	P
Spa, public, accessory to hotel, motel, reducing/exercise salon, health club, or swimming pool	P	P
Swimming pool (indoor or outdoor) commercial or noncommercial (CB-63-1992)	P	P
Tennis, basketball, handball, or similar court (indoor or outdoor) commercial or noncommercial (CB-63-1992)	P	P
(7) RESIDENTIAL/LODGING:
Country inn (CB-63-1992)	P	P
Dwellings, all types (except mobile homes) (CB-56-1996)	P⁷	P
Flag lot development, subject to the provisions of Section 24-138.01 of Subtitle 24 (CB-25-2002)	X	P
Group residential facility for up to 8 mentally handicapped dependent persons	P	P
Group residential facility (CB-19-2015)	P¹⁷	X
Hotel or motel	P	P
Residential Revitalization in accordance with Section 27-445.10 (CB-95-2016)	P¹⁹	X
Tourist home (CB-63-1992, CB-10-2018)	P	P
"Tourist Home" as an "Accessory Use" to a "Dwelling" in accordance with Section 27-548.01.06 (effective 10/1/2019) (CB-10-2018)	P	P
(8) TRANSPORTATION/PARKING/COMMUNICATIONS/UTILITIES:
Heliport	P	SE
Helistop (CB-63-1992)	P	SE
Parking lot or garage, or loading area, in accordance with PART 11	P	P
Parking of mobile home in public rights-of-way³	X	X
Parking of mobile home not otherwise provided for	X	X
Passenger transportation station or depot (such as rapid transit station, bus stop, taxi or auto rental stand)	P	P
Public utility use or structure:
(A) Railroad yard, round house, car barn, and freight station	X	X
(B) All others	P	P
Radio or television broadcasting studio	P	X
Satellite dish antenna, in accordance with Section 27-541.02:
(A) Up to 10 feet in diameter, to serve only 1 dwelling unit	P	X
(B) Over 10 feet in diameter, to serve only 1 dwelling unit	SE	X
(C) All others (CB-19-1985)	P	X
Storage of any motor vehicle which is wrecked, dismantled, or not currently licensed, except where specifically authorized⁴ (CB-4-1987)	X	X
Telegraph or messenger service	P	P
Tower, pole, or antenna (electronic, radio, or television, transmitting or receiving), except a public utility structure or a satellite dish antenna:⁸
(A) Maximum of 150 feet	P	P
(B) Exceeding 150 feet (CB-123-1994; CB-103-1997)	SE	SE

1	Provided the site is either:
	(A) In the proximity of an area designated as a fire or rescue station on an approved Functional Master Plan of Fire and Rescue Stations;
	(B) In a location which the Fire Chief has indicated (in writing) is appropriate; or
	(C) Is occupied by a station that was in use immediately prior to July 1, 1982.
	The following activities are considered to be ancillary uses permitted within the hall/assembly area of a voluntary fire, ambulance, or rescue station: bingo (with an approved license from the Department of Permitting, Inspections, and Enforcement), weddings, dinners, community events, organization functions, and private events (with no advance or at the door ticket sales).
	All events must comply with County or State regulations, and events requiring a specific license must obtain such license to be considered a permitted ancillary use. All events must be organized by the voluntary fire, ambulance, or rescue corporation or company and/or a community group from within the immediate vicinity of the station. For weddings, receptions, and dinners, the event may be organized by an individual in conjunction with the voluntary fire, ambulance, or rescue corporation or company and/or a community group within the immediate vicinity of the station. A permitted ancillary use does not include the leasing of the station facility for use by a promoter. Private events may not have advance or at the door ticket sales. All events must end by 10:00 p.m., Sunday through Thursday (except that bingo events must end by 11:00 p.m.), and by midnight on Friday and Saturday, with all patrons off the site within thirty (30) minutes after closing. (CB-70-2008; CB-29-2014)
2	Provided:
	(A) The mobile home is located on a lot having a net area of at least five (5) acres;
	(B) The use of the mobile home is in connection with another use on the property for which the County levies or collects an amusement tax.
	(C) The occupants of the mobile home are employed by, or reasonably connected with, the other use; and
	(D) The mobile home shall not be located on the property for more than one hundred twenty (120) cumulative days per calendar year, except mobile homes used in connection with pari-mutuel racetracks when the use shall not exceed two hundred eighteen (218) cumulative days per calendar year.
3	Except in an emergency. In this case the parking shall be subject to the traffic and parking regulations applicable to the right-of-way.
4	This shall not apply to:
	(A) Storage accessory (and related) to an allowed use; or
	(B) One (1) such vehicle stored in a wholly enclosed garage.
5	Provided both uses were existing as of January 1, 1991. (CB-11-1991)
6	Accessory uses such as light manufacturing, assembly service, repair, or warehousing associated with this use are permitted. (CB-63-1992)
7	The maximum number and type of dwelling units shall be determined at the time of the Conceptual Site Plan approval. (CB-56-1996; CB-40-2002; CB-78-2006; CB-27-2015)
8	Any related telecommunications equipment building shall be screened by means of landscaping or berming to one hundred percent (100%) opacity. (CB-103-1997)
9	Bulk retailing may be permitted as part of a Detailed Site Plan for a planned mixed use development which, at a minimum, includes other commercial retail uses (at least one (1) of which shall be a freestanding use consisting of a minimum of seventy-five thousand (75,000) square feet) as well as commercial office uses. (CB-83-2006)
10	Provided:
	(A) The property was rezoned from the I-1 Zone to the M-X-T Zone through a Sectional Map Amendment approved after January 1, 2007; and
	(B) All or part of the property is located within an airport noise zone subject to noise measuring a minimum of 70 dBA pursuant to an approved M-I-O (Military Installation Overlay) Zone. (CB-6-2007; CB-10-2019)
	Editor's Notes: Pursuant to Section 2 of CB-5-2010, this Ordinance shall be abrogated and no longer effective after July 9, 2012, at which time, the use(s) then located on the property or for which permits were issued pursuant to this Ordinance shall be deemed nonconforming. Pursuant to CR-54-2012, the provisions of Section 2 of Chapter No. 4 of the 2010 Laws of Prince George's County, Maryland, shall remain in full force and effect, subject to the requirements specified in Section 27-547(b) until July 1, 2013. Pursuant to Section 2 of CB-61-2012, this Ordinance shall be abrogated and no longer effective after July 1, 2013, at which time the use(s) then located on the property or for which permits were issued pursuant to this Ordinance shall be deemed nonconforming in accordance with PART 3, Division 6 of this Subtitle. CR-67-2013 provides that the provisions of CB-61-2012 amending Section 2 of Chapter No. 4 of the 2010 Laws of Prince George's County, Maryland, shall remain in full force and effect, subject to the requirements specified in Section 27-547(b) until July 1, 2014. Pursuant to Section 2 of CB-61-2013, this Ordinance shall be abrogated and no longer effective after July 1, 2015, at which time the use(s) then located on the property or for which permits were issued pursuant to this Ordinance shall be deemed nonconforming in accordance with PART 3, Division 6 of this Subtitle. CR-38-2015 provides that the provisions of Chapter 50, 2013 Laws of Prince George's County, Maryland (CB-61-2013), shall remain in full force and effect, subject to the requirements specified in Section 27-547(b) of this Subtitle, until July 1, 2016. Pursuant to Section 2 of CB-48-2015, this Ordinance shall be abrogated and no longer effective after July 1, 2016, at which time the use(s) then located on the property or for which permits were issued pursuant to this Ordinance shall be deemed nonconforming in accordance with PART 3, Division 6 of this Subtitle. CR-53-2016 provides that the provisions of Chapter 33, 2015 Laws of Prince George's County, Maryland (CB-48-2015), shall remain in full force and effect, subject to the requirements specified in Section 27-547(b) of this Subtitle, until July 1, 2018. Pursuant to Section 2 of CB-53-2016, this Ordinance shall be abrogated and no longer effective after July 1, 2018, at which time the use(s) then located on the property or for which permits were issued pursuant to this Ordinance shall be deemed nonconforming in accordance with PART 3, Division 6 of this Subtitle. CR-46-2018 provides that the provisions of Chapter 42, 2016 Laws of Prince George's County, Maryland (CB-53-2016), shall remain in full force and effect, subject to the requirements set forth in Section 27-547(b), until July 1, 2019. Pursuant to Section 2 of CB-49-2018, this Ordinance shall be abrogated and no longer effective after July 1, 2019, at which time the use(s) then located on the property or for which permits were issued pursuant to this Ordinance shall be deemed nonconforming in accordance with PART 3, Division 6 of this Subtitle. On June 18, 2019, the Council voted to enact CB-010-2019, being an Ordinance concerning the M-X-T Zone, to repeal an uncodified provision of law as to the expiration of the limited basis to permit industrial uses on land with a zoning classification in the M-X-T Zone. By way of that legislative action, the provisions of Chapter 15, 2018 Laws of Prince George's County, Maryland, was repealed, thereby deeming such limited industrial uses in the M-X-T Zone as permitted uses. CB-010-2019 is effective from August 5, 2019.
11	Businesses with a valid state license for check cashing issued prior to September 1, 2009 may continue as a matter of right and shall not be deemed nonconforming, regardless of a change in tenancy or ownership of the check cashing business. (CB-23-2009; CB-106-2012)
12	Any private automobile and other motor vehicle auction operating in the M-X-T Zone prior to January 1, 2011, shall have until January 1, 2013, to cease all auction operations on the property. (CB-59-2010)
13	Provided the property was rezoned from the E-I-A Zone to the M-X-T Zone through a Sectional Map Amendment approved between January 1, 2006 and July 1, 2012. (CB-28-2012)
14	Provided the property was rezoned from the E-I-A Zone to the M-X-T Zone through a Sectional Map Amendment approved between January 1, 2006 and July 1, 2012. Permitted subject to the guidelines for development set forth in Section 27-464.04(a)(1)(A)(i) through (v), and the requirements set forth in 27-464.04(a)(2)(A) and (E). The facility shall not be more than six (6) stories in height and may be placed above podium parking. (CB-56-2014)
15	Subject to Detailed Site Plan approval pursuant to PART 3, Division 9 of this Code. Notwithstanding any other provision of this Code, a Conceptual Site Plan shall not be required and any previously approved Conceptual Site Plan shall not be of any force or effect where the subject property on which the use is located was rezoned from the E-I-A Zone to the M-X-T Zone through a Sectional Map Amendment approved between January 1, 2006 and July 1, 2012. (CB-56-2014)
16	An assisted living facility located on property rezoned from the E-I-A Zone to the M-X-T Zone through a Sectional Map Amendment approved between January 1, 2006 and July 1, 2012 may also include semi-independent living units which may include permanent provisions for living, sleeping, eating, cooking and sanitation. (CB-56-2014)
17	Provided the site had a validly issued use and occupancy permit for a rehabilitation center or similar use prior to 1985 and was rezoned from the R-A Zone to the M-X-T Zone through a Sectional Map Amendment approved after October 1, 2006, and for which a comprehensive land use planning study was conducted by Technical Staff prior to initiation. (CB-19-2015; CB-66-2015; CB-107-2015)
18	Subject to conformance with Section 27-372.01 of this Subtitle. (CB-5-2016)
19	Dwelling units, or property on which they formerly existed, as described in (a)(1) of Section 27-445.01 of this Subtitle, may be replaced by proposed multifamily, attached one-family or two-family, or detached one-family dwelling units in a Residential Revitalization project. (CB-95-2016)
20	Provided that the use:
	(a) Is located on land included within an approved Conceptual Site Plan with a minimum of 20 acres;
	(b) Is located between the Capital Beltway (I-495) and the boundary of the District of Columbia; and
	(c) The gross weight of trucks shall not exceed twenty thousand (20,000) pounds each. (CB-95-2017)
21	If the use conducts business outdoors, said use shall comply with the life safety requirements of Section 27-261(j)(11)-(12) of this Subtitle. (CB-70-2020)
22	Notwithstanding any other provision of this Part, flex space is a permitted use, provided:
	(A) The property was rezoned from the I-1 Zone to the M-X-T Zone through a Sectional Map Amendment approved after January 1, 2007; and
	(B) All or part of the property has frontage on a roadway with a functional classification as a freeway pursuant to the 2009 Approved Countywide Master Plan of Transportation or any successor plans. (CB-085-2021
23	(a) Provided the proposed Detailed Site Plan application property is at least 100 acres and is part of a previously approved Detailed Site Plan with residential and commercial development. The new Detailed Site Plan shall amend the previously approved Conceptual Site Plan for all uses pursuant to Section 27-282(g) of the Zoning Ordinance;
	(b) Industrial uses may not exceed 60% of the gross acreage of the land shown on the proposed Detailed Site Plan; and
	(c) Industrial development must be separated from any existing or proposed residential development by a minimum of 75 feet. (CB-51-2021)

ZONE
USE	M-U-TC
(1) COMMERCIAL:
(A) Eating or Drinking Establishments:
Drive-in restaurant	SE
Fast-food restaurant:
(i) Within a wholly enclosed shopping mall, or department, variety, or drug store	P
(ii) Within an office building	P
(iii) Within a hotel	P
(iv) All others	SE
Other than a drive-in or fast-food restaurant (which may include incidental carry out service, except where specifically prohibited):
(i) Without entertainment (of any sort) other than music, and no patron dancing	P
(ii) Within an office building	P
(iii) Accessory to an allowed use	P
(iv) All others	SE
(A) Vehicle, Mobile Home, Camping Trailer, and Boat Sales and Service:
Gas station	SE
Incidental automobile service in a parking garage	SE
Vehicle lubrication or tune-up facility, provided all sales and installation operations are conducted in a wholly enclosed building with no outdoor storage	SE
Vehicle, mobile home, or camping trailer sales lot, which may include dealer servicing and outdoor storage of vehicles awaiting sale; but shall exclude the storage or sale of wrecked or inoperable vehicles, except as accessory to the dealership for vehicles which the dealership will repair² (CB-26-2002)	SE
Vehicle, boat, or camping trailer rental:
(i) If existing prior to the adoption date of the M-U-TC Zone	SP
(ii) All others	SE
Vehicle parts or tire store including installation facilities, provided all sales and installation operations are conducted in a wholly enclosed building with no outdoor storage	SE
Vehicle parts or tire store without installation facilities	P
(A) Offices:
Bank, savings and loan association, or other savings or lending institution:
(i) Automatic teller machine, only	SP
(ii) All others	P
Check cashing business (CB-23-2009)	SE⁴
Office accessory to an allowed use	P
Office of a medical practitioner or medical clinic (which may include an accessory private spa)	P
Office, except as otherwise provided	P
(A) Services:
Animal hospital, animal training, kennel	SE
Artist's studio	P
Barber or beauty shop	P
Bicycle repair shop:
(i) Nonmotorized only	P
(ii) All others	SE
Blacksmith shop	P
Blueprinting, photostating, or other photocopy establishment	P
Catering establishment:
(i) Accessory to an allowed use	P
(ii) With a retail component	P
(iii) All others	SE
Data processing	P
Dry cleaning or laundry pickup station	P
Dry cleaning store or plant:
(i) Retail	P
(ii) Wholesale (may include retail service)	X
Electric or gas appliances, radio, or television repair shop	P
Employment agency	P
Fortune telling	SE
Funeral parlor, undertaking establishment	SP
Household appliance or furniture repair shop	P
Key or locksmith shop	P
Laboratory	P
Laundromat	SP
Laundry store or plant:
(i) Retail	P
(ii) Wholesale (may include retail service)	X
Lawn mower repair shop, provided all repairs are performed within a wholly enclosed building	SP
Machine shop accessory to an allowed use	SP¹
Massage establishment	SE
Newspaper publishing establishment	SE
Pet grooming shop, provided all animals are confined to the interior of the building and adequate measures are taken to control noise and odor	P
Photography studio or darkroom	P
Pizza delivery service, limited to off-premises delivery with no eat-in, drive-in, or carry-out service	P
Printing shop:
(i) Less than 2,000 square feet	P
(ii) 2,000 square feet or greater	SP
Sauna or steam bath	PB
Shoe repair shop	P
Tailor or dressmaking shop (may include incidental dyeing and pressing allowed as a "PB" use)	P
Travel bureau	P
Upholstery shop	P
Veterinarian's office:
(i) Outpatient	P
(ii) Inpatient	PB
Watch or jewelry repair shop	P
(A) Trade (Generally Retail):
Arts, crafts, and hobby supply store	P
Bakery products, wholesale (must include retail sales)	P
Bicycle (sales) shop:
(i) Nonmotorized, only	P
(ii) All others	SE
Book (except adult book store), camera, gift, jewelry, music, or souvenir, or other specialty store not specifically listed, excluding tobacco or electronic cigarette shops (CB-92-2015)	P⁵
Bottled gas sales:
(i) Accessory to an allowed use	P
(ii) All others	SE
Building supply store:
(i) Wholly enclosed, except for nursery stock	P
(ii) With outdoor storage on not more than 50% of the lot, provided it is enclosed by a slightly opaque wall or fence at least 8 feet high	SE
Bulk retailing of products allowed to be sold in a M-U-TC Zone	P
Carpet or floor covering store	P
Clothing, dry goods, millinery, or shoe store	P
Confectioner:
(i) Retail	P
(ii) Wholesale	PB
Department or variety store	P
Drug store	P
Florist shop	P
Food or beverage goods preparation on the premises of a food or beverage store for retail or wholesale sales	PB
Food or beverage store, excluding liquor stores	P
Garden supplies store, floricultural or horticultural nursery, which may include the outdoor display of nursery stock, such as plants, shrubbery, and trees:
(i) Less than 3,000 square feet	SP
(ii) 3,000 square feet or greater	SE
Hardware store	P
Household appliance or furniture store	P
Lawn mower (sales) store	P
Liquor stores	SP
Newspaper or magazine shop (CB-92-2015)	P
Nursery and garden center, which may include the outdoor display of nursery stock, such as plants, shrubbery, and trees:
(i) Less than 3,000 square feet	SP
(ii) 3,000 square feet or greater	SE
Outdoor display of merchandise for sale (except as otherwise specified) and excluding merchandise displayed on gasoline pump islands associated with gas stations which is allowed:
(i) Not more than 6 feet from main building (subject to Section 27-388)	P
(ii) More than 6 feet from main buildings (subject to Section 27-388)	SE
Paint or wall covering store	P
Pet (sales) shop, provided all animals are confined to the interior of the building and adequate measures are taken to control noise and odor; may include the sale of pet feed and supplies	P
Retail shop or store (not listed) similar to one permitted (P)	P
Seafood market	P
Seasonal decorations display and sales as a temporary use, in accordance with Sections 27-260 and 27-261	P
Sporting goods shop, which may include marine equipment and supplies	P
Stationery or office supply store which may include the sale of furniture or business machines	P
Swimming pool or spa sales and service (excluding outdoor display)	P
Toy store	P
Video game or tape store	P
(2) INSTITUTIONAL/EDUCATIONAL:
Adult day care center	SP
Church or similar place of worship, convent, or monastery	SP
Day care center for children:
(A) In accordance with Section 27-464.02(a)(1)(A)	P
(B) All others	SP
Hospital (may include a private spa)	SE
Nursing or care home (may include a private spa)	SE
School, Private:
(A) Driving school, automobile only	P
(B) For artistic instruction (including a studio)	P
(C) Of business or trade, where the business or trade is permitted (P) in the respective zone	P
(D) Of business or trade, where the business or trade is permitted by Special Exception (SE) in the respective zone	SE
(E) Tutoring establishment	P
(F) Private schools, subject to Section 27-463	P
(G) All others	SE
(3) MISCELLANEOUS:
Accessory structures and uses, except as otherwise provided	P
Adaptive reuse of a surplus public school, when not otherwise allowed	SE
Adaptive use of a Historic Site, when not otherwise allowed	SE
Auction house	SP
Carpentry, cabinet making, or other woodworking shop:
(A) Accessory to an allowed use	P
(B) All others	SP
Cemetery or crematory:
(A) Cemetery, accessory to a church, convent, or monastery	SP
(B) All others	X
Contractor's office (general) as a permanent use, including the businesses of siding, flooring, roofing, plumbing, air conditioning, heating, painting, carpentry, electrical work, landscaping, and the like, with buildings and uses accessory to the business (as well as the office) use:
(A) With no outdoor storage of materials or equipment	P
(B) With outdoor storage of materials, located only in a side or rear yard; enclosed by a sightly, opaque wall or fence at least 8 feet high; with no storing of material higher than the fence; but excluding the use or outdoor storage of earthmoving or other heavy equipment, or outdoor storage of machinery	X
(C) Including the fabrication (only within a wholly enclosed building) of plumbing, air conditioning, heating, carpentry and lighting (and the like) parts for installation off the site	X
Contractor's office (must include sanitary facilities, construction yard or shed, or storage building (in connection with a construction project) as a temporary use:
(A) In accordance with Sections 27-260 and 27-261	P
(B) All others	X
Medical Cannabis Dispensary (CB-5-2016)	X
Rental of any merchandise allowed to be sold in the zone:
(A) If the merchandise sold is permitted by SP	SP
(B) If the merchandise sold is permitted by SE	SE
(C) If the merchandise sold is permitted by right	P
Sign, in accordance with an approved Development Plan	P
Storage, wholly enclosed, accessory to an allowed use	P
Wholesaling of products incidental to the retail sales of the products on the premises	PB
(4) PUBLIC/QUASI PUBLIC:
Community building, except as otherwise provided	P
Library, private	P
Post Office	P
Public building and use, except as otherwise prohibited	P
Voluntary fire, ambulance, or rescue station³ (CB-70-2008)	P
(5) RECREATIONAL/ENTERTAINMENT/SOCIAL/CULTURAL:
Amusement arcade	SE
Archery or baseball batting range	SP
Auditorium	P
Billiard or pool parlor	SE
Bowling alley	SE
Carnival, circus, fair or similar use, not exceeding seventeen (17) days duration and located at least 250 feet from any dwelling, as a temporary use in accordance with Sections 27-260 and 27-261	SP
Club or lodge (private, nonprofit) except as otherwise provided	SP
Employees' recreational facilities (private, nonprofit) accessory to an allowed use	P
Miniature golf course	SP
Museum, aquarium, art gallery, cultural center, or similar facility	P
Park or playground	P
Performance arts center, in accordance with Section 27-548.01.03 (CB-12-2001)	SP
Recreational or entertainment establishment of a commercial nature, if not otherwise specified	SE
Reducing/exercise salon or health club	P
Rifle, pistol, or skeet shooting range:
(A) Indoor	SE
(B) Outdoor	X
Skating rink	SP
Spa (community)	PB
Spa (private), accessory to an allowed dwelling unit	P
Spa (public):
(A) Accessory to a hotel or motel	P
(B) Accessory to a reducing/exercise salon or health club	PB
(C) Accessory to a commercial swimming pool	PB
(D) Unrestricted	SE
Swimming pool:
(A) Accessory to a hotel or motel	P
(B) Community	SP
(C) Indoor	SP
(D) Private, accessory to an allowed one-family detached dwelling	P
(E) All others	SE
Tennis, basketball, handball, or similar court:
(A) Indoor (within a permanent wholly enclosed building)	P
(B) Outdoor	SP
(C) With a temporary removable cover (bubble)	SP
Theatre:
(A) Indoor	P
(B) Outdoor	SE
(C) Drive-in	X
(6) RESIDENTIAL/LODGING:
Apartment housing for the elderly or physically handicapped	SP
Artists' residential studios, in accordance with Section 27-548.01.03 (CB-12-2001)	SP
Country inn	SP
Dwelling, provided that it was legally erected prior to the date upon which the property was classified in the M-U-TC Zone, or was legally erected in the M-U-TC Zone under prior regulations	P
Dwelling unit:
(A) Within a building containing commercial uses on the first floor	P
(B) All others	SP
Hotel or motel	SE
Tourist Home	SP
(7) TRANSPORTATION/PARKING/COMMUNICATIONS/UTILITIES:
Helistop	SE
Broadcasting studio (without tower)	P
Bus station or terminal	SE
Parking garage, commercial	SP
Parking lot, commercial:
(A) With shuttle service to Metro, MARC, or similar mass transit service	SP
(B) All others	SE
Parking of vehicles accessory to an allowed use	P
Public utility use or structure	P
Satellite dish antenna, in accordance with Section 27-541.02:
(A) Up to 10 feet in diameter, to serve only 1 dwelling unit	P
(B) More than 10 feet in diameter to serve only 1 dwelling	SE
(C) All others	P
Taxicab dispatching station:
(A) Without cab storage, repair, or servicing	P
(B) With cab storage	SE
(C) With cab repair or servicing within a wholly enclosed building	X
Taxicab stand	P
Telegraph or messenger service	P
Tower, pole, or antenna (electronic, radio, or television, transmitting or receiving), except a satellite dish antenna:
(A) Freestanding for commercial or noncommercial purposes, not exceeding 100 feet above ground level	P
(B) Freestanding for commercial or noncommercial purposes, exceeding 100 feet above ground level	SE
(C) Attached to a roof for commercial purposes, not exceeding 40 feet above the height of the building	P
(D) Attached to a roof for commercial purposes, exceeding 40 feet above the height of the building (CB-123-1994)	SP

ZONE
USE	M-U-TC
(1) COMMERCIAL:
(A) Eating or Drinking Establishments:
Drive-in restaurant	SE
Fast-food restaurant:
(i) Within a wholly enclosed shopping mall, or department, variety, or drug store	P
(ii) Within an office building	P
(iii) Within a hotel	P
(iv) All others	SE
Other than a drive-in or fast-food restaurant (which may include incidental carry out service, except where specifically prohibited):
(i) Without entertainment (of any sort) other than music, and no patron dancing	P
(ii) Within an office building	P
(iii) Accessory to an allowed use	P
(iv) All others	SE
(A) Vehicle, Mobile Home, Camping Trailer, and Boat Sales and Service:
Gas station	SE
Incidental automobile service in a parking garage	SE
Vehicle lubrication or tune-up facility, provided all sales and installation operations are conducted in a wholly enclosed building with no outdoor storage	SE
Vehicle, mobile home, or camping trailer sales lot, which may include dealer servicing and outdoor storage of vehicles awaiting sale; but shall exclude the storage or sale of wrecked or inoperable vehicles, except as accessory to the dealership for vehicles which the dealership will repair² (CB-26-2002)	SE
Vehicle, boat, or camping trailer rental:
(i) If existing prior to the adoption date of the M-U-TC Zone	SP
(ii) All others	SE
Vehicle parts or tire store including installation facilities, provided all sales and installation operations are conducted in a wholly enclosed building with no outdoor storage	SE
Vehicle parts or tire store without installation facilities	P
(A) Offices:
Bank, savings and loan association, or other savings or lending institution:
(i) Automatic teller machine, only	SP
(ii) All others	P
Check cashing business (CB-23-2009)	SE⁴
Office accessory to an allowed use	P
Office of a medical practitioner or medical clinic (which may include an accessory private spa)	P
Office, except as otherwise provided	P
(A) Services:
Animal hospital, animal training, kennel	SE
Artist's studio	P
Barber or beauty shop	P
Bicycle repair shop:
(i) Nonmotorized only	P
(ii) All others	SE
Blacksmith shop	P
Blueprinting, photostating, or other photocopy establishment	P
Catering establishment:
(i) Accessory to an allowed use	P
(ii) With a retail component	P
(iii) All others	SE
Data processing	P
Dry cleaning or laundry pickup station	P
Dry cleaning store or plant:
(i) Retail	P
(ii) Wholesale (may include retail service)	X
Electric or gas appliances, radio, or television repair shop	P
Employment agency	P
Fortune telling	SE
Funeral parlor, undertaking establishment	SP
Household appliance or furniture repair shop	P
Key or locksmith shop	P
Laboratory	P
Laundromat	SP
Laundry store or plant:
(i) Retail	P
(ii) Wholesale (may include retail service)	X
Lawn mower repair shop, provided all repairs are performed within a wholly enclosed building	SP
Machine shop accessory to an allowed use	SP¹
Massage establishment	SE
Newspaper publishing establishment	SE
Pet grooming shop, provided all animals are confined to the interior of the building and adequate measures are taken to control noise and odor	P
Photography studio or darkroom	P
Pizza delivery service, limited to off-premises delivery with no eat-in, drive-in, or carry-out service	P
Printing shop:
(i) Less than 2,000 square feet	P
(ii) 2,000 square feet or greater	SP
Sauna or steam bath	PB
Shoe repair shop	P
Tailor or dressmaking shop (may include incidental dyeing and pressing allowed as a "PB" use)	P
Travel bureau	P
Upholstery shop	P
Veterinarian's office:
(i) Outpatient	P
(ii) Inpatient	PB
Watch or jewelry repair shop	P
(A) Trade (Generally Retail):
Arts, crafts, and hobby supply store	P
Bakery products, wholesale (must include retail sales)	P
Bicycle (sales) shop:
(i) Nonmotorized, only	P
(ii) All others	SE
Book (except adult book store), camera, gift, jewelry, music, or souvenir, or other specialty store not specifically listed, excluding tobacco or electronic cigarette shops (CB-92-2015)	P⁵
Bottled gas sales:
(i) Accessory to an allowed use	P
(ii) All others	SE
Building supply store:
(i) Wholly enclosed, except for nursery stock	P
(ii) With outdoor storage on not more than 50% of the lot, provided it is enclosed by a slightly opaque wall or fence at least 8 feet high	SE
Bulk retailing of products allowed to be sold in a M-U-TC Zone	P
Carpet or floor covering store	P
Clothing, dry goods, millinery, or shoe store	P
Confectioner:
(i) Retail	P
(ii) Wholesale	PB
Department or variety store	P
Drug store	P
Florist shop	P
Food or beverage goods preparation on the premises of a food or beverage store for retail or wholesale sales	PB
Food or beverage store, excluding liquor stores	P
Garden supplies store, floricultural or horticultural nursery, which may include the outdoor display of nursery stock, such as plants, shrubbery, and trees:
(i) Less than 3,000 square feet	SP
(ii) 3,000 square feet or greater	SE
Hardware store	P
Household appliance or furniture store	P
Lawn mower (sales) store	P
Liquor stores	SP
Newspaper or magazine shop (CB-92-2015)	P
Nursery and garden center, which may include the outdoor display of nursery stock, such as plants, shrubbery, and trees:
(i) Less than 3,000 square feet	SP
(ii) 3,000 square feet or greater	SE
Outdoor display of merchandise for sale (except as otherwise specified) and excluding merchandise displayed on gasoline pump islands associated with gas stations which is allowed:
(i) Not more than 6 feet from main building (subject to Section 27-388)	P
(ii) More than 6 feet from main buildings (subject to Section 27-388)	SE
Paint or wall covering store	P
Pet (sales) shop, provided all animals are confined to the interior of the building and adequate measures are taken to control noise and odor; may include the sale of pet feed and supplies	P
Retail shop or store (not listed) similar to one permitted (P)	P
Seafood market	P
Seasonal decorations display and sales as a temporary use, in accordance with Sections 27-260 and 27-261	P
Sporting goods shop, which may include marine equipment and supplies	P
Stationery or office supply store which may include the sale of furniture or business machines	P
Swimming pool or spa sales and service (excluding outdoor display)	P
Toy store	P
Video game or tape store	P
(2) INSTITUTIONAL/EDUCATIONAL:
Adult day care center	SP
Church or similar place of worship, convent, or monastery	SP
Day care center for children:
(A) In accordance with Section 27-464.02(a)(1)(A)	P
(B) All others	SP
Hospital (may include a private spa)	SE
Nursing or care home (may include a private spa)	SE
School, Private:
(A) Driving school, automobile only	P
(B) For artistic instruction (including a studio)	P
(C) Of business or trade, where the business or trade is permitted (P) in the respective zone	P
(D) Of business or trade, where the business or trade is permitted by Special Exception (SE) in the respective zone	SE
(E) Tutoring establishment	P
(F) Private schools, subject to Section 27-463	P
(G) All others	SE
(3) MISCELLANEOUS:
Accessory structures and uses, except as otherwise provided	P
Adaptive reuse of a surplus public school, when not otherwise allowed	SE
Adaptive use of a Historic Site, when not otherwise allowed	SE
Auction house	SP
Carpentry, cabinet making, or other woodworking shop:
(A) Accessory to an allowed use	P
(B) All others	SP
Cemetery or crematory:
(A) Cemetery, accessory to a church, convent, or monastery	SP
(B) All others	X
Contractor's office (general) as a permanent use, including the businesses of siding, flooring, roofing, plumbing, air conditioning, heating, painting, carpentry, electrical work, landscaping, and the like, with buildings and uses accessory to the business (as well as the office) use:
(A) With no outdoor storage of materials or equipment	P
(B) With outdoor storage of materials, located only in a side or rear yard; enclosed by a sightly, opaque wall or fence at least 8 feet high; with no storing of material higher than the fence; but excluding the use or outdoor storage of earthmoving or other heavy equipment, or outdoor storage of machinery	X
(C) Including the fabrication (only within a wholly enclosed building) of plumbing, air conditioning, heating, carpentry and lighting (and the like) parts for installation off the site	X
Contractor's office (must include sanitary facilities, construction yard or shed, or storage building (in connection with a construction project) as a temporary use:
(A) In accordance with Sections 27-260 and 27-261	P
(B) All others	X
Medical Cannabis Dispensary (CB-5-2016)	X
Rental of any merchandise allowed to be sold in the zone:
(A) If the merchandise sold is permitted by SP	SP
(B) If the merchandise sold is permitted by SE	SE
(C) If the merchandise sold is permitted by right	P
Sign, in accordance with an approved Development Plan	P
Storage, wholly enclosed, accessory to an allowed use	P
Wholesaling of products incidental to the retail sales of the products on the premises	PB
(4) PUBLIC/QUASI PUBLIC:
Community building, except as otherwise provided	P
Library, private	P
Post Office	P
Public building and use, except as otherwise prohibited	P
Voluntary fire, ambulance, or rescue station³ (CB-70-2008)	P
(5) RECREATIONAL/ENTERTAINMENT/SOCIAL/CULTURAL:
Amusement arcade	SE
Archery or baseball batting range	SP
Auditorium	P
Billiard or pool parlor	SE
Bowling alley	SE
Carnival, circus, fair or similar use, not exceeding seventeen (17) days duration and located at least 250 feet from any dwelling, as a temporary use in accordance with Sections 27-260 and 27-261	SP
Club or lodge (private, nonprofit) except as otherwise provided	SP
Employees' recreational facilities (private, nonprofit) accessory to an allowed use	P
Miniature golf course	SP
Museum, aquarium, art gallery, cultural center, or similar facility	P
Park or playground	P
Performance arts center, in accordance with Section 27-548.01.03 (CB-12-2001)	SP
Recreational or entertainment establishment of a commercial nature, if not otherwise specified	SE
Reducing/exercise salon or health club	P
Rifle, pistol, or skeet shooting range:
(A) Indoor	SE
(B) Outdoor	X
Skating rink	SP
Spa (community)	PB
Spa (private), accessory to an allowed dwelling unit	P
Spa (public):
(A) Accessory to a hotel or motel	P
(B) Accessory to a reducing/exercise salon or health club	PB
(C) Accessory to a commercial swimming pool	PB
(D) Unrestricted	SE
Swimming pool:
(A) Accessory to a hotel or motel	P
(B) Community	SP
(C) Indoor	SP
(D) Private, accessory to an allowed one-family detached dwelling	P
(E) All others	SE
Tennis, basketball, handball, or similar court:
(A) Indoor (within a permanent wholly enclosed building)	P
(B) Outdoor	SP
(C) With a temporary removable cover (bubble)	SP
Theatre:
(A) Indoor	P
(B) Outdoor	SE
(C) Drive-in	X
(6) RESIDENTIAL/LODGING:
Apartment housing for the elderly or physically handicapped	SP
Artists' residential studios, in accordance with Section 27-548.01.03 (CB-12-2001)	SP
Country inn	SP
Dwelling, provided that it was legally erected prior to the date upon which the property was classified in the M-U-TC Zone, or was legally erected in the M-U-TC Zone under prior regulations	P
Dwelling unit:
(A) Within a building containing commercial uses on the first floor	P
(B) All others	SP
Hotel or motel	SE
Tourist Home	SP
(7) TRANSPORTATION/PARKING/COMMUNICATIONS/UTILITIES:
Helistop	SE
Broadcasting studio (without tower)	P
Bus station or terminal	SE
Parking garage, commercial	SP
Parking lot, commercial:
(A) With shuttle service to Metro, MARC, or similar mass transit service	SP
(B) All others	SE
Parking of vehicles accessory to an allowed use	P
Public utility use or structure	P
Satellite dish antenna, in accordance with Section 27-541.02:
(A) Up to 10 feet in diameter, to serve only 1 dwelling unit	P
(B) More than 10 feet in diameter to serve only 1 dwelling	SE
(C) All others	P
Taxicab dispatching station:
(A) Without cab storage, repair, or servicing	P
(B) With cab storage	SE
(C) With cab repair or servicing within a wholly enclosed building	X
Taxicab stand	P
Telegraph or messenger service	P
Tower, pole, or antenna (electronic, radio, or television, transmitting or receiving), except a satellite dish antenna:
(A) Freestanding for commercial or noncommercial purposes, not exceeding 100 feet above ground level	P
(B) Freestanding for commercial or noncommercial purposes, exceeding 100 feet above ground level	SE
(C) Attached to a roof for commercial purposes, not exceeding 40 feet above the height of the building	P
(D) Attached to a roof for commercial purposes, exceeding 40 feet above the height of the building (CB-123-1994)	SP

ZONE
USE	M-U-TC
(1) COMMERCIAL:
(A) Eating or Drinking Establishments:
Drive-in restaurant	SE
Fast-food restaurant:
(i) Within a wholly enclosed shopping mall, or department, variety, or drug store	P
(ii) Within an office building	P
(iii) Within a hotel	P
(iv) All others	SE
Other than a drive-in or fast-food restaurant (which may include incidental carry out service, except where specifically prohibited):
(i) Without entertainment (of any sort) other than music, and no patron dancing	P
(ii) Within an office building	P
(iii) Accessory to an allowed use	P
(iv) All others	SE
(A) Vehicle, Mobile Home, Camping Trailer, and Boat Sales and Service:
Gas station	SE
Incidental automobile service in a parking garage	SE
Vehicle lubrication or tune-up facility, provided all sales and installation operations are conducted in a wholly enclosed building with no outdoor storage	SE
Vehicle, mobile home, or camping trailer sales lot, which may include dealer servicing and outdoor storage of vehicles awaiting sale; but shall exclude the storage or sale of wrecked or inoperable vehicles, except as accessory to the dealership for vehicles which the dealership will repair² (CB-26-2002)	SE
Vehicle, boat, or camping trailer rental:
(i) If existing prior to the adoption date of the M-U-TC Zone	SP
(ii) All others	SE
Vehicle parts or tire store including installation facilities, provided all sales and installation operations are conducted in a wholly enclosed building with no outdoor storage	SE
Vehicle parts or tire store without installation facilities	P
(A) Offices:
Bank, savings and loan association, or other savings or lending institution:
(i) Automatic teller machine, only	SP
(ii) All others	P
Check cashing business (CB-23-2009)	SE⁴
Office accessory to an allowed use	P
Office of a medical practitioner or medical clinic (which may include an accessory private spa)	P
Office, except as otherwise provided	P
(A) Services:
Animal hospital, animal training, kennel	SE
Artist's studio	P
Barber or beauty shop	P
Bicycle repair shop:
(i) Nonmotorized only	P
(ii) All others	SE
Blacksmith shop	P
Blueprinting, photostating, or other photocopy establishment	P
Catering establishment:
(i) Accessory to an allowed use	P
(ii) With a retail component	P
(iii) All others	SE
Data processing	P
Dry cleaning or laundry pickup station	P
Dry cleaning store or plant:
(i) Retail	P
(ii) Wholesale (may include retail service)	X
Electric or gas appliances, radio, or television repair shop	P
Employment agency	P
Fortune telling	SE
Funeral parlor, undertaking establishment	SP
Household appliance or furniture repair shop	P
Key or locksmith shop	P
Laboratory	P
Laundromat	SP
Laundry store or plant:
(i) Retail	P
(ii) Wholesale (may include retail service)	X
Lawn mower repair shop, provided all repairs are performed within a wholly enclosed building	SP
Machine shop accessory to an allowed use	SP¹
Massage establishment	SE
Newspaper publishing establishment	SE
Pet grooming shop, provided all animals are confined to the interior of the building and adequate measures are taken to control noise and odor	P
Photography studio or darkroom	P
Pizza delivery service, limited to off-premises delivery with no eat-in, drive-in, or carry-out service	P
Printing shop:
(i) Less than 2,000 square feet	P
(ii) 2,000 square feet or greater	SP
Sauna or steam bath	PB
Shoe repair shop	P
Tailor or dressmaking shop (may include incidental dyeing and pressing allowed as a "PB" use)	P
Travel bureau	P
Upholstery shop	P
Veterinarian's office:
(i) Outpatient	P
(ii) Inpatient	PB
Watch or jewelry repair shop	P
(A) Trade (Generally Retail):
Arts, crafts, and hobby supply store	P
Bakery products, wholesale (must include retail sales)	P
Bicycle (sales) shop:
(i) Nonmotorized, only	P
(ii) All others	SE
Book (except adult book store), camera, gift, jewelry, music, or souvenir, or other specialty store not specifically listed, excluding tobacco or electronic cigarette shops (CB-92-2015)	P⁵
Bottled gas sales:
(i) Accessory to an allowed use	P
(ii) All others	SE
Building supply store:
(i) Wholly enclosed, except for nursery stock	P
(ii) With outdoor storage on not more than 50% of the lot, provided it is enclosed by a slightly opaque wall or fence at least 8 feet high	SE
Bulk retailing of products allowed to be sold in a M-U-TC Zone	P
Carpet or floor covering store	P
Clothing, dry goods, millinery, or shoe store	P
Confectioner:
(i) Retail	P
(ii) Wholesale	PB
Department or variety store	P
Drug store	P
Florist shop	P
Food or beverage goods preparation on the premises of a food or beverage store for retail or wholesale sales	PB
Food or beverage store, excluding liquor stores	P
Garden supplies store, floricultural or horticultural nursery, which may include the outdoor display of nursery stock, such as plants, shrubbery, and trees:
(i) Less than 3,000 square feet	SP
(ii) 3,000 square feet or greater	SE
Hardware store	P
Household appliance or furniture store	P
Lawn mower (sales) store	P
Liquor stores	SP
Newspaper or magazine shop (CB-92-2015)	P
Nursery and garden center, which may include the outdoor display of nursery stock, such as plants, shrubbery, and trees:
(i) Less than 3,000 square feet	SP
(ii) 3,000 square feet or greater	SE
Outdoor display of merchandise for sale (except as otherwise specified) and excluding merchandise displayed on gasoline pump islands associated with gas stations which is allowed:
(i) Not more than 6 feet from main building (subject to Section 27-388)	P
(ii) More than 6 feet from main buildings (subject to Section 27-388)	SE
Paint or wall covering store	P
Pet (sales) shop, provided all animals are confined to the interior of the building and adequate measures are taken to control noise and odor; may include the sale of pet feed and supplies	P
Retail shop or store (not listed) similar to one permitted (P)	P
Seafood market	P
Seasonal decorations display and sales as a temporary use, in accordance with Sections 27-260 and 27-261	P
Sporting goods shop, which may include marine equipment and supplies	P
Stationery or office supply store which may include the sale of furniture or business machines	P
Swimming pool or spa sales and service (excluding outdoor display)	P
Toy store	P
Video game or tape store	P
(2) INSTITUTIONAL/EDUCATIONAL:
Adult day care center	SP
Church or similar place of worship, convent, or monastery	SP
Day care center for children:
(A) In accordance with Section 27-464.02(a)(1)(A)	P
(B) All others	SP
Hospital (may include a private spa)	SE
Nursing or care home (may include a private spa)	SE
School, Private:
(A) Driving school, automobile only	P
(B) For artistic instruction (including a studio)	P
(C) Of business or trade, where the business or trade is permitted (P) in the respective zone	P
(D) Of business or trade, where the business or trade is permitted by Special Exception (SE) in the respective zone	SE
(E) Tutoring establishment	P
(F) Private schools, subject to Section 27-463	P
(G) All others	SE
(3) MISCELLANEOUS:
Accessory structures and uses, except as otherwise provided	P
Adaptive reuse of a surplus public school, when not otherwise allowed	SE
Adaptive use of a Historic Site, when not otherwise allowed	SE
Auction house	SP
Carpentry, cabinet making, or other woodworking shop:
(A) Accessory to an allowed use	P
(B) All others	SP
Cemetery or crematory:
(A) Cemetery, accessory to a church, convent, or monastery	SP
(B) All others	X
Contractor's office (general) as a permanent use, including the businesses of siding, flooring, roofing, plumbing, air conditioning, heating, painting, carpentry, electrical work, landscaping, and the like, with buildings and uses accessory to the business (as well as the office) use:
(A) With no outdoor storage of materials or equipment	P
(B) With outdoor storage of materials, located only in a side or rear yard; enclosed by a sightly, opaque wall or fence at least 8 feet high; with no storing of material higher than the fence; but excluding the use or outdoor storage of earthmoving or other heavy equipment, or outdoor storage of machinery	X
(C) Including the fabrication (only within a wholly enclosed building) of plumbing, air conditioning, heating, carpentry and lighting (and the like) parts for installation off the site	X
Contractor's office (must include sanitary facilities, construction yard or shed, or storage building (in connection with a construction project) as a temporary use:
(A) In accordance with Sections 27-260 and 27-261	P
(B) All others	X
Medical Cannabis Dispensary (CB-5-2016)	X
Rental of any merchandise allowed to be sold in the zone:
(A) If the merchandise sold is permitted by SP	SP
(B) If the merchandise sold is permitted by SE	SE
(C) If the merchandise sold is permitted by right	P
Sign, in accordance with an approved Development Plan	P
Storage, wholly enclosed, accessory to an allowed use	P
Wholesaling of products incidental to the retail sales of the products on the premises	PB
(4) PUBLIC/QUASI PUBLIC:
Community building, except as otherwise provided	P
Library, private	P
Post Office	P
Public building and use, except as otherwise prohibited	P
Voluntary fire, ambulance, or rescue station³ (CB-70-2008)	P
(5) RECREATIONAL/ENTERTAINMENT/SOCIAL/CULTURAL:
Amusement arcade	SE
Archery or baseball batting range	SP
Auditorium	P
Billiard or pool parlor	SE
Bowling alley	SE
Carnival, circus, fair or similar use, not exceeding seventeen (17) days duration and located at least 250 feet from any dwelling, as a temporary use in accordance with Sections 27-260 and 27-261	SP
Club or lodge (private, nonprofit) except as otherwise provided	SP
Employees' recreational facilities (private, nonprofit) accessory to an allowed use	P
Miniature golf course	SP
Museum, aquarium, art gallery, cultural center, or similar facility	P
Park or playground	P
Performance arts center, in accordance with Section 27-548.01.03 (CB-12-2001)	SP
Recreational or entertainment establishment of a commercial nature, if not otherwise specified	SE
Reducing/exercise salon or health club	P
Rifle, pistol, or skeet shooting range:
(A) Indoor	SE
(B) Outdoor	X
Skating rink	SP
Spa (community)	PB
Spa (private), accessory to an allowed dwelling unit	P
Spa (public):
(A) Accessory to a hotel or motel	P
(B) Accessory to a reducing/exercise salon or health club	PB
(C) Accessory to a commercial swimming pool	PB
(D) Unrestricted	SE
Swimming pool:
(A) Accessory to a hotel or motel	P
(B) Community	SP
(C) Indoor	SP
(D) Private, accessory to an allowed one-family detached dwelling	P
(E) All others	SE
Tennis, basketball, handball, or similar court:
(A) Indoor (within a permanent wholly enclosed building)	P
(B) Outdoor	SP
(C) With a temporary removable cover (bubble)	SP
Theatre:
(A) Indoor	P
(B) Outdoor	SE
(C) Drive-in	X
(6) RESIDENTIAL/LODGING:
Apartment housing for the elderly or physically handicapped	SP
Artists' residential studios, in accordance with Section 27-548.01.03 (CB-12-2001)	SP
Country inn	SP
Dwelling, provided that it was legally erected prior to the date upon which the property was classified in the M-U-TC Zone, or was legally erected in the M-U-TC Zone under prior regulations	P
Dwelling unit:
(A) Within a building containing commercial uses on the first floor	P
(B) All others	SP
Hotel or motel	SE
Tourist Home	SP
(7) TRANSPORTATION/PARKING/COMMUNICATIONS/UTILITIES:
Helistop	SE
Broadcasting studio (without tower)	P
Bus station or terminal	SE
Parking garage, commercial	SP
Parking lot, commercial:
(A) With shuttle service to Metro, MARC, or similar mass transit service	SP
(B) All others	SE
Parking of vehicles accessory to an allowed use	P
Public utility use or structure	P
Satellite dish antenna, in accordance with Section 27-541.02:
(A) Up to 10 feet in diameter, to serve only 1 dwelling unit	P
(B) More than 10 feet in diameter to serve only 1 dwelling	SE
(C) All others	P
Taxicab dispatching station:
(A) Without cab storage, repair, or servicing	P
(B) With cab storage	SE
(C) With cab repair or servicing within a wholly enclosed building	X
Taxicab stand	P
Telegraph or messenger service	P
Tower, pole, or antenna (electronic, radio, or television, transmitting or receiving), except a satellite dish antenna:
(A) Freestanding for commercial or noncommercial purposes, not exceeding 100 feet above ground level	P
(B) Freestanding for commercial or noncommercial purposes, exceeding 100 feet above ground level	SE
(C) Attached to a roof for commercial purposes, not exceeding 40 feet above the height of the building	P
(D) Attached to a roof for commercial purposes, exceeding 40 feet above the height of the building (CB-123-1994)	SP

ZONE
USE	M-U-TC
(1) COMMERCIAL:
(A) Eating or Drinking Establishments:
Drive-in restaurant	SE
Fast-food restaurant:
(i) Within a wholly enclosed shopping mall, or department, variety, or drug store	P
(ii) Within an office building	P
(iii) Within a hotel	P
(iv) All others	SE
Other than a drive-in or fast-food restaurant (which may include incidental carry out service, except where specifically prohibited):
(i) Without entertainment (of any sort) other than music, and no patron dancing	P
(ii) Within an office building	P
(iii) Accessory to an allowed use	P
(iv) All others	SE
(A) Vehicle, Mobile Home, Camping Trailer, and Boat Sales and Service:
Gas station	SE
Incidental automobile service in a parking garage	SE
Vehicle lubrication or tune-up facility, provided all sales and installation operations are conducted in a wholly enclosed building with no outdoor storage	SE
Vehicle, mobile home, or camping trailer sales lot, which may include dealer servicing and outdoor storage of vehicles awaiting sale; but shall exclude the storage or sale of wrecked or inoperable vehicles, except as accessory to the dealership for vehicles which the dealership will repair² (CB-26-2002)	SE
Vehicle, boat, or camping trailer rental:
(i) If existing prior to the adoption date of the M-U-TC Zone	SP
(ii) All others	SE
Vehicle parts or tire store including installation facilities, provided all sales and installation operations are conducted in a wholly enclosed building with no outdoor storage	SE
Vehicle parts or tire store without installation facilities	P
(A) Offices:
Bank, savings and loan association, or other savings or lending institution:
(i) Automatic teller machine, only	SP
(ii) All others	P
Check cashing business (CB-23-2009)	SE⁴
Office accessory to an allowed use	P
Office of a medical practitioner or medical clinic (which may include an accessory private spa)	P
Office, except as otherwise provided	P
(A) Services:
Animal hospital, animal training, kennel	SE
Artist's studio	P
Barber or beauty shop	P
Bicycle repair shop:
(i) Nonmotorized only	P
(ii) All others	SE
Blacksmith shop	P
Blueprinting, photostating, or other photocopy establishment	P
Catering establishment:
(i) Accessory to an allowed use	P
(ii) With a retail component	P
(iii) All others	SE
Data processing	P
Dry cleaning or laundry pickup station	P
Dry cleaning store or plant:
(i) Retail	P
(ii) Wholesale (may include retail service)	X
Electric or gas appliances, radio, or television repair shop	P
Employment agency	P
Fortune telling	SE
Funeral parlor, undertaking establishment	SP
Household appliance or furniture repair shop	P
Key or locksmith shop	P
Laboratory	P
Laundromat	SP
Laundry store or plant:
(i) Retail	P
(ii) Wholesale (may include retail service)	X
Lawn mower repair shop, provided all repairs are performed within a wholly enclosed building	SP
Machine shop accessory to an allowed use	SP¹
Massage establishment	SE
Newspaper publishing establishment	SE
Pet grooming shop, provided all animals are confined to the interior of the building and adequate measures are taken to control noise and odor	P
Photography studio or darkroom	P
Pizza delivery service, limited to off-premises delivery with no eat-in, drive-in, or carry-out service	P
Printing shop:
(i) Less than 2,000 square feet	P
(ii) 2,000 square feet or greater	SP
Sauna or steam bath	PB
Shoe repair shop	P
Tailor or dressmaking shop (may include incidental dyeing and pressing allowed as a "PB" use)	P
Travel bureau	P
Upholstery shop	P
Veterinarian's office:
(i) Outpatient	P
(ii) Inpatient	PB
Watch or jewelry repair shop	P
(A) Trade (Generally Retail):
Arts, crafts, and hobby supply store	P
Bakery products, wholesale (must include retail sales)	P
Bicycle (sales) shop:
(i) Nonmotorized, only	P
(ii) All others	SE
Book (except adult book store), camera, gift, jewelry, music, or souvenir, or other specialty store not specifically listed, excluding tobacco or electronic cigarette shops (CB-92-2015)	P⁵
Bottled gas sales:
(i) Accessory to an allowed use	P
(ii) All others	SE
Building supply store:
(i) Wholly enclosed, except for nursery stock	P
(ii) With outdoor storage on not more than 50% of the lot, provided it is enclosed by a slightly opaque wall or fence at least 8 feet high	SE
Bulk retailing of products allowed to be sold in a M-U-TC Zone	P
Carpet or floor covering store	P
Clothing, dry goods, millinery, or shoe store	P
Confectioner:
(i) Retail	P
(ii) Wholesale	PB
Department or variety store	P
Drug store	P
Florist shop	P
Food or beverage goods preparation on the premises of a food or beverage store for retail or wholesale sales	PB
Food or beverage store, excluding liquor stores	P
Garden supplies store, floricultural or horticultural nursery, which may include the outdoor display of nursery stock, such as plants, shrubbery, and trees:
(i) Less than 3,000 square feet	SP
(ii) 3,000 square feet or greater	SE
Hardware store	P
Household appliance or furniture store	P
Lawn mower (sales) store	P
Liquor stores	SP
Newspaper or magazine shop (CB-92-2015)	P
Nursery and garden center, which may include the outdoor display of nursery stock, such as plants, shrubbery, and trees:
(i) Less than 3,000 square feet	SP
(ii) 3,000 square feet or greater	SE
Outdoor display of merchandise for sale (except as otherwise specified) and excluding merchandise displayed on gasoline pump islands associated with gas stations which is allowed:
(i) Not more than 6 feet from main building (subject to Section 27-388)	P
(ii) More than 6 feet from main buildings (subject to Section 27-388)	SE
Paint or wall covering store	P
Pet (sales) shop, provided all animals are confined to the interior of the building and adequate measures are taken to control noise and odor; may include the sale of pet feed and supplies	P
Retail shop or store (not listed) similar to one permitted (P)	P
Seafood market	P
Seasonal decorations display and sales as a temporary use, in accordance with Sections 27-260 and 27-261	P
Sporting goods shop, which may include marine equipment and supplies	P
Stationery or office supply store which may include the sale of furniture or business machines	P
Swimming pool or spa sales and service (excluding outdoor display)	P
Toy store	P
Video game or tape store	P
(2) INSTITUTIONAL/EDUCATIONAL:
Adult day care center	SP
Church or similar place of worship, convent, or monastery	SP
Day care center for children:
(A) In accordance with Section 27-464.02(a)(1)(A)	P
(B) All others	SP
Hospital (may include a private spa)	SE
Nursing or care home (may include a private spa)	SE
School, Private:
(A) Driving school, automobile only	P
(B) For artistic instruction (including a studio)	P
(C) Of business or trade, where the business or trade is permitted (P) in the respective zone	P
(D) Of business or trade, where the business or trade is permitted by Special Exception (SE) in the respective zone	SE
(E) Tutoring establishment	P
(F) Private schools, subject to Section 27-463	P
(G) All others	SE
(3) MISCELLANEOUS:
Accessory structures and uses, except as otherwise provided	P
Adaptive reuse of a surplus public school, when not otherwise allowed	SE
Adaptive use of a Historic Site, when not otherwise allowed	SE
Auction house	SP
Carpentry, cabinet making, or other woodworking shop:
(A) Accessory to an allowed use	P
(B) All others	SP
Cemetery or crematory:
(A) Cemetery, accessory to a church, convent, or monastery	SP
(B) All others	X
Contractor's office (general) as a permanent use, including the businesses of siding, flooring, roofing, plumbing, air conditioning, heating, painting, carpentry, electrical work, landscaping, and the like, with buildings and uses accessory to the business (as well as the office) use:
(A) With no outdoor storage of materials or equipment	P
(B) With outdoor storage of materials, located only in a side or rear yard; enclosed by a sightly, opaque wall or fence at least 8 feet high; with no storing of material higher than the fence; but excluding the use or outdoor storage of earthmoving or other heavy equipment, or outdoor storage of machinery	X
(C) Including the fabrication (only within a wholly enclosed building) of plumbing, air conditioning, heating, carpentry and lighting (and the like) parts for installation off the site	X
Contractor's office (must include sanitary facilities, construction yard or shed, or storage building (in connection with a construction project) as a temporary use:
(A) In accordance with Sections 27-260 and 27-261	P
(B) All others	X
Medical Cannabis Dispensary (CB-5-2016)	X
Rental of any merchandise allowed to be sold in the zone:
(A) If the merchandise sold is permitted by SP	SP
(B) If the merchandise sold is permitted by SE	SE
(C) If the merchandise sold is permitted by right	P
Sign, in accordance with an approved Development Plan	P
Storage, wholly enclosed, accessory to an allowed use	P
Wholesaling of products incidental to the retail sales of the products on the premises	PB
(4) PUBLIC/QUASI PUBLIC:
Community building, except as otherwise provided	P
Library, private	P
Post Office	P
Public building and use, except as otherwise prohibited	P
Voluntary fire, ambulance, or rescue station³ (CB-70-2008)	P
(5) RECREATIONAL/ENTERTAINMENT/SOCIAL/CULTURAL:
Amusement arcade	SE
Archery or baseball batting range	SP
Auditorium	P
Billiard or pool parlor	SE
Bowling alley	SE
Carnival, circus, fair or similar use, not exceeding seventeen (17) days duration and located at least 250 feet from any dwelling, as a temporary use in accordance with Sections 27-260 and 27-261	SP
Club or lodge (private, nonprofit) except as otherwise provided	SP
Employees' recreational facilities (private, nonprofit) accessory to an allowed use	P
Miniature golf course	SP
Museum, aquarium, art gallery, cultural center, or similar facility	P
Park or playground	P
Performance arts center, in accordance with Section 27-548.01.03 (CB-12-2001)	SP
Recreational or entertainment establishment of a commercial nature, if not otherwise specified	SE
Reducing/exercise salon or health club	P
Rifle, pistol, or skeet shooting range:
(A) Indoor	SE
(B) Outdoor	X
Skating rink	SP
Spa (community)	PB
Spa (private), accessory to an allowed dwelling unit	P
Spa (public):
(A) Accessory to a hotel or motel	P
(B) Accessory to a reducing/exercise salon or health club	PB
(C) Accessory to a commercial swimming pool	PB
(D) Unrestricted	SE
Swimming pool:
(A) Accessory to a hotel or motel	P
(B) Community	SP
(C) Indoor	SP
(D) Private, accessory to an allowed one-family detached dwelling	P
(E) All others	SE
Tennis, basketball, handball, or similar court:
(A) Indoor (within a permanent wholly enclosed building)	P
(B) Outdoor	SP
(C) With a temporary removable cover (bubble)	SP
Theatre:
(A) Indoor	P
(B) Outdoor	SE
(C) Drive-in	X
(6) RESIDENTIAL/LODGING:
Apartment housing for the elderly or physically handicapped	SP
Artists' residential studios, in accordance with Section 27-548.01.03 (CB-12-2001)	SP
Country inn	SP
Dwelling, provided that it was legally erected prior to the date upon which the property was classified in the M-U-TC Zone, or was legally erected in the M-U-TC Zone under prior regulations	P
Dwelling unit:
(A) Within a building containing commercial uses on the first floor	P
(B) All others	SP
Hotel or motel	SE
Tourist Home	SP
(7) TRANSPORTATION/PARKING/COMMUNICATIONS/UTILITIES:
Helistop	SE
Broadcasting studio (without tower)	P
Bus station or terminal	SE
Parking garage, commercial	SP
Parking lot, commercial:
(A) With shuttle service to Metro, MARC, or similar mass transit service	SP
(B) All others	SE
Parking of vehicles accessory to an allowed use	P
Public utility use or structure	P
Satellite dish antenna, in accordance with Section 27-541.02:
(A) Up to 10 feet in diameter, to serve only 1 dwelling unit	P
(B) More than 10 feet in diameter to serve only 1 dwelling	SE
(C) All others	P
Taxicab dispatching station:
(A) Without cab storage, repair, or servicing	P
(B) With cab storage	SE
(C) With cab repair or servicing within a wholly enclosed building	X
Taxicab stand	P
Telegraph or messenger service	P
Tower, pole, or antenna (electronic, radio, or television, transmitting or receiving), except a satellite dish antenna:
(A) Freestanding for commercial or noncommercial purposes, not exceeding 100 feet above ground level	P
(B) Freestanding for commercial or noncommercial purposes, exceeding 100 feet above ground level	SE
(C) Attached to a roof for commercial purposes, not exceeding 40 feet above the height of the building	P
(D) Attached to a roof for commercial purposes, exceeding 40 feet above the height of the building (CB-123-1994)	SP

1	The gross floor area shall not exceed 25% of the gross floor area of the building within which this accessory use is located.
2	Except for new vehicle sales lots, the use shall be located on a tract of land containing a minimum of twenty-five thousand (25,000) square feet. All such uses on property less than twenty-five thousand (25,000) square feet in existence on September 1, 2002, may not be certified as nonconforming uses and must cease operations on or before August 31, 2005. (CB-33-2002)
3	The following activities are considered to be ancillary uses permitted within the hall/assembly area of a voluntary fire, ambulance, or rescue station: bingo (with an approved license from the Department of Permitting, Inspections, and Enforcement), weddings, dinners, community events, organization functions, and private events (with no advance or at the door ticket sales).
	All events must comply with County or State regulations, and events requiring a specific license must obtain such license to be considered a permitted ancillary use. All events must be organized by the voluntary fire, ambulance, or rescue corporation or company and/or a community group from within the immediate vicinity of the station. For weddings, receptions, and dinners, the event may be organized by an individual in conjunction with the voluntary fire, ambulance, or rescue corporation or company and/or a community group within the immediate vicinity of the station. A permitted ancillary use does not include the leasing of the station facility for use by a promoter. Private events may not have advance or at the door ticket sales. All events must end by 10:00 p.m., Sunday through Thursday (except that bingo events must end by 11:00 p.m.), and by midnight on Friday and Saturday, with all patrons off the site within thirty (30) minutes after closing. (CB-70-2008; CB-29-2014)
4	Businesses with a valid state license for check cashing issued prior to September 1, 2009 may continue as a matter of right and shall not be deemed nonconforming, regardless of a change in tenancy or ownership of the check cashing business. (CB-23-2009; CB-106-2012)
5	Uses that included activity that meets the definition of an "electronic cigarette shop" in existence on January 1, 2016, in the M-U-TC Zone may not be certified as nonconforming uses and must cease operations on or before June 1, 2017. (CB-92-2015)

(d)
At least two (2) of the following three (3) categories shall be included on the Conceptual Site Plan and ultimately present in every development in the M-X-T Zone. In a Transit District Overlay Zone, a Conceptual Site Plan may include only one of the following categories, provided that, in conjunction with an existing use on abutting property in the M-X-T Zone, the requirement for two (2) out of three (3) categories is fulfilled. The Site Plan shall show the location of the existing use and the way that it will be integrated in terms of access and design with the proposed development. The amount of square footage devoted to each use shall be in sufficient quantity to serve the purposes of the zone:
1. (1)
  Retail businesses;
2. (2)
  Office, research, or industrial uses;
3. (3)
  Dwellings, hotel, or motel.

(e)
For property placed in the M-X-T Zone by a Sectional Map Amendment approved after October 1, 2006, and recommended for mixed-use development in the General Plan, and a Master Plan, or Sector Plan for which a comprehensive land use planning study was conducted by Technical Staff prior to initiation, a Conceptual Site Plan submitted for any property located in the M-X-T Zone may include only one (1) of the above categories, provided that it conforms to the visions, goals, policies, and recommendations of the plan for that specific portion of the M-X-T Zone.

(CB-39-1984; CB-94-1984; CB-133-1984; CB-33-1985; CB-54-1993; CB-2-1994; CB-7-1995; CB-15-1997; CB-78-2006)

Effective on: 1/1/1901

Sec. 27-547.01. Density Limitations pursuant to Comprehensive Plan.

Density limits or a range of density limits lower than those recited in this Part for Mixed Use Zones may be approved as part of the text of an approved Master Plan, Sector Plan, or other comprehensive planning document.

(CB-14-2010)

Effective on: 1/1/1901

Sec. 27-548. M-X-T Zone.

(a)

Maximum floor area ratio (FAR):

(1)
Without the use of the optional method of development — 0.40 FAR; and
(2)
With the use of the optional method of development — 8.00 FAR.

(b)

The uses allowed in the M-X-T Zone may be located in more than one (1) building, and on more than one (1) lot.

(c)

Except as provided for in this Division, the dimensions for the location, coverage, and height of all improvements shown on an approved Detailed Site Plan shall constitute the regulations for these improvements for a specific development in the M-X-T Zone.

(d)

Landscaping, screening, and buffering of development in the M-X-T Zone shall be provided pursuant to the provisions of the Landscape Manual. Additional buffering and screening may be required to satisfy the purposes of the M-X-T Zone and to protect the character of the M-X-T Zone from adjoining or interior incompatible land uses.

(e)

In addition to those areas of a building included in the computation of gross floor area (without the use of the optional method of development), the floor area of the following improvements (using the optional method of development) shall be included in computing the gross floor area of the building of which they are a part: enclosed pedestrian spaces, theaters, and residential uses. Floor area ratios shall exclude from gross floor area that area in a building or structure devoted to vehicular parking and parking access areas (notwithstanding the provisions of Section 27-107.01). The floor area ratio shall be applied to the entire property which is the subject of the Conceptual Site Plan.

(f)

Private structures may be located within the air space above, or in the ground below, public rights-of-way.

(g)

Each lot shall have frontage on, and direct vehicular access to, a public street, except lots for which private streets or other access rights-of-way have been authorized pursuant to Subtitle 24 of this Code.

(h)

Townhouses developed pursuant to a Detailed Site Plan for which an application is filed after December 30, 1996, shall be on lots at least one thousand two hundred (1,200) square feet in size, and shall have at least sixty percent (60%) of the full front façades constructed of brick, stone, or stucco. In addition, there shall be no more than eight (8) townhouses per building group, except where the applicant demonstrates to the satisfaction of the Planning Board or District Council, as applicable, that more than eight (8) dwelling units (but not more than ten (10) dwelling units) would create a more attractive living environment or would be more environmentally sensitive. In no event shall the number of building groups containing more than eight (8) dwelling units exceed twenty percent (20%) of the total number of building groups in the total development. The minimum building width in any continuous, attached group shall be eighteen (18) feet, and the minimum gross living space shall be one thousand two hundred and fifty (1,250) square feet. For the purposes of this Subsection, gross living space shall be defined as all interior building space except the garage and unfinished basement or attic area. The minimum lot size, maximum number of units per building group and percentages of such building groups, and building width requirements and restrictions shall not apply to townhouses on land any portion which lies within one-half (½) mile of an existing or planned mass transit rail station site operated by the Washington Metropolitan Area Transit Authority and initially opened after January 1, 2000. In no event shall there be more than ten (10) dwelling units in a building group and no more than two (2) building groups containing ten (10) dwelling units. For purposes of this section, a building group shall be considered a separate building group (even though attached) when the angle formed by the front walls of two (2) adjoining rows of units is greater than forty-five degrees (45°). Except that, in the case of a Mixed-Use Planned Community, there shall be no more than eight (8) townhouses per building group, except when the applicant demonstrates to the satisfaction of the Planning Board or District Council, as applicable, that more than eight (8) dwelling units (but not more than ten (10) dwelling units) would create a more attractive living environment or would be more environmentally sensitive. In no event shall the number of building groups containing more than eight (8) dwelling units exceed twenty percent (20%) of the total number of building groups in the total development. The minimum building width in any continuous, attached group shall be eighteen (18) feet, and the minimum gross living space shall be one thousand two hundred and fifty (1,250) square feet. For the purposes of this Subsection, gross living space shall be defined as all interior building space except the garage and unfinished basement or attic area. Garages may not dominate the streetscape. Garages that are attached or incorporated into the dwelling shall be set back a minimum of four (4) feet from the front façade and there shall not be more than a single garage, not to exceed ten (10) feet wide, along the front façade of any individual unit. Garages may be incorporated into the rear of the building or freestanding in the rear yard and accessed by an alley. Sidewalks are required on both sides of all public and private streets and parking lots. At the time of Detailed Site Plan, the Planning Board or the District Council may approve a request to substitute townhouses, proposed for development as condominiums, in place of multifamily dwellings that were approved in a Conceptual Site Plan approved prior to April 1, 2004. Such substitution shall not require a revision to any previous plan approvals. Further, at the time of Detailed Site Plan for a Mixed-Use Planned Community, the Planning Board or the District Council may approve modifications to these regulations so long as the modifications conform to the applicable regulations for the particular development.

(i)

The maximum height of multifamily buildings shall be one hundred and ten (110) feet. This height restriction shall not apply within any Transit District Overlay Zone, designated General Plan Metropolitan or Regional Centers, or a Mixed-Use Planned Community.

(j)

As noted in Section 27-544(b), which references property placed in the M-X-T Zone through a Sectional Map Amendment approved after October 1, 2006, and for which a comprehensive land use planning study was conducted by Technical Staff prior to initiation, regulations for Conceptual or Detailed Site Plans (such as, but not limited to density, setbacks, buffers, screening, landscaping, height, recreational requirements, ingress/egress, and internal circulation) should be based on the design guidelines or standards intended to implement the development concept recommended by the Master Plan, Sector Plan, or the Sectional Map Amendment Zoning Change and any referenced exhibit of record for the property. This regulation also applies to property readopted in the M-X-T Zone through a Sectional Map Amendment approved after October 1, 2006 and for which a comprehensive land use planning study was conducted by Technical Staff prior to initiation of a concurrent Master Plan or Sector Plan (see Section 27-226(f)(3) of the Zoning Ordinance). Notwithstanding any other provision of this Code, this regulation shall not apply to property subject to the provisions of Section 27-544(f)(2)(I), above.

(CB-46-1985; CB-1-1989; CB-56-1996; CB-13-2002; CB-40-2002; CB-78-2006; CB-93-2010; CB-73-2016; CB-87-2018; CB-19-2019)

Editor's note(s)—By Order of Court dated February 14, 2020, The Circuit Court for Prince George's County, in CAL 19-23357, invalidated the Council's enactment of CB-018-2019 and CB-019-2019. As such, the provisions of this Section are null and void.

Effective on: 1/1/1901

Sec. 27-548.00.01. Special Permits.

(a)

Authorization.

(1)
A Special Permit may be permitted by the Planning Board, in accordance with the provisions of Section 27-239.02.
(2)
The Planning Board is authorized to allow departures from the strict application of any standard or guideline approved in a Town Center Development Plan in accordance with the procedures set forth in Section 27-239.01 and subject to the following findings:
1. (A)
  A specific parcel of land has exceptional narrowness, shallowness, or shape; exceptional topographic conditions; or other extraordinary situations or conditions;
2. (B)
  The strict application of the Development Plan will result in peculiar and unusual practical difficulties to, or exceptional or undue hardship upon, the owner of the property; and
3. (C)
  The departure will not substantially impair the intent, purpose, or integrity of the General Plan, Master Plan, or the Town Center Development Plan.

(CB-2-1994)

Effective on: 1/1/1901

Sec. 27-548.01. Surface mining; sand and gravel wet-processing (nonconforming use).

(a)

In order for a nonconforming surface mining or sand and gravel wet-processing operation to continue, the requirements of this Section shall be met.

(b)

The purposes of this Section are to prevent or control the detrimental effects of surface mining and sand and gravel wet-processing operations upon neighboring properties, and existing and proposed land uses in the general area.

(c)

All nonconforming surface mining and sand and gravel wet-processing operations shall meet the following requirements:

(1)
The uses shall be operated in full compliance with applicable extraction and surface mining or sand and gravel wet-processing regulations;
(2)
For the safety of residents and property, the operator of the facility shall take effective measures to control the speed of trucks utilizing his facility and neighboring streets;
(3)
The operator shall avoid depositing any debris upon any streets;
(4)
The owner of the subject property shall be required to post and maintain a permanent, durable sign identifying the use as a nonconforming surface mining or sand and gravel wet-processing operation, in accordance with the requirements of Section 27-629.

(d)

On land which is located within a Chesapeake Bay Critical Area Overlay Zone, development is subject to Subtitle 5B and the following additional requirements:

(1)
Additional Requirements For Surface Mining, Sand and Gravel Wet-Processing
1. (A)
  Standards. Surface mining operation permits are issued by the Maryland Department of the Environment (MDE). A grading permit is also required in conformance with Subtitle 4 of the County Code. Periodic site inspections of permitted areas are made to determine whether the conditions of the permits and the accompanying Reclamation Plan are being fulfilled. Permits for surface mining operations in the Critical Area shall only be granted if the following conditions are met:
2. (B)
  A Reclamation Plan shall be submitted as part of the permit application which specifies the use which is proposed to be made of the site following reclamation, the manner in which that soil and subsoil are to be conserved and restored, the specifications for surface gradient restoration suitable for the subsequent use, the proposed manner and type of re-vegetation or other surface treatment of affected areas and an acceptable schedule to the County for the implementation of reclamation measures. Reclamation is to occur as mining on each segment of a site is completed.
3. (C)
  The operation will not have an unduly adverse effect on wildlife, forests, or fresh water, estuarine or marine fisheries.
4. (D)
  The operator has provided applicable permits from all federal, State and local regulatory agencies responsible for air and water pollution and sediment control.
5. (E)
  Consideration shall be given to:
  1. (i)
    The effects of the proposed action on the environment, including adverse and beneficial environmental effects that are reasonably likely if the proposal is implemented or if it is not implemented.
  2. (ii)
    Measures that might be taken to minimize potential adverse environmental effects and maximize potential beneficial environmental effects, including monitoring maintenance, replacement, operation and other follow-up activities.
  3. (iii)
    An applicant's previous experience with similar operations which indicates that the operation will not result in substantial deposits of sediment in stream beds or lakes, landslides, or other causes of water pollution.
6. (F)
  Location of future sites. Within the Critical Area, surface mining is only permitted on sites of five or more acres.
  1. (i)
    New surface mining operations are permitted within the Critical Area provided that identification of appropriate post-excavation uses for this land such as recreation, habitat restoration, or development are accomplished according to the appropriate land management classification (I-D-O, L-D-O or R-C-O) and other applicable County and State codes and ordinances.
  2. (ii)
    Areas such as the following shall not be used for surface mining:
    (aa)
    Habitat Protection Areas and other important natural resource areas such as those of scientific value or areas where assemblages of rare species occur;
    (bb)
    Areas where highly erodible soils exist;
    (cc)
    Areas where the use of lands for mining would result in the substantial loss of long-range (25 years or more) productivity of forest and agriculture, or would result in a degrading of water quality or a loss of vital habitat;
    (dd)
    Lands within the Buffer.
7. (G)
  Surface mining operations shall operate under the following conditions:
  1. (i)
    Future wash plants including ponds, spoil piles and equipment may not be located within the Buffer.
  2. (ii)
    Existing wash ponds shall be reclaimed as soon as possible after the cessation of a sand and gravel operation.
  3. (iii)
    To the fullest extent possible, existing sand and gravel operations shall conduct their extraction activities so as to provide, at a minimum, a 100-foot Buffer of natural vegetation between the operation and the mean high water line of tidal waters or the edges of streams and tidal wetlands, whichever is further inland.

(CB-17-1984; CB-72-1987; CB-76-2010)

Effective on: 1/1/1901

Sec. 27-548.01.01. Marina.

(a)

A marina permitted in the M-X-T Zone shall be subject to the following requirements:

(1)
The M-X-T Zone was approved by the District Council prior to July 31, 1983; and
(2)
The Planning Board and District Council approved a Conceptual Site Plan showing the general location of the marina on the property prior to July 31, 1986.

(CB-34-1989)

Effective on: 1/1/1901

Sec. 27-548.01.02. Waterfront Entertainment/Retail Complex.

(a)

Purposes:

(1)
To promote quality retail shopping, restaurant and entertainment development, and lodging development oriented toward a theme(s) at locations in appropriate areas of the County;
(2)
To afford reasonable flexibility in the design of these projects; and
(3)
To avoid scattered and unbalanced development of such uses.

(b)

A Waterfront Entertainment/Retail Complex is permitted in the M-X-T Zone subject to the following criteria:

(1)
Private and/or public vehicular access shall be sufficient to accommodate the traffic generated by the project; and
(2)
Setbacks, tree conservation, landscaping and screening, green space, lot coverage, parking, and loading shall be addressed in the Conceptual Site Plan approval. However, the provisions of this Subtitle applicable to such items are not applicable.

(c)

The requirement for a Detailed Site Plan may be waived by the District Council at the time of its review of the Conceptual Site Plan if the District Council makes the findings required in Subsection (f), below.

(d)

An applicant seeking approval of a Waterfront Entertainment/Retail Complex shall submit an application and site plan containing the following information, which information shall also serve as the site design guidelines for such projects:

(1)
A general description of the project and the proposed activities;
(2)
The proposed traffic circulation system;
(3)
The general location and size of all activities;
(4)
A text indicating the theme, design, and architectural concepts that will be implemented throughout the property applicable to the use;
(5)
Information contained in Section 27-282(e), provided that the locations of all improvements may be moved, altered, and revised within an established development envelope. No building permit may be issued without certification of a site plan by the Planning Director. Provided the property is designated in the County General Plan as a Metropolitan Center, the addition of residential dwellings, not to exceed two thousand five hundred (2,500) units, shall not require a revision to an approved Conceptual Site Plan. Building permits for residential dwellings shall not be issued until construction of the convention center/hotel has commenced.

(e)

The requirements of PART 3, Division 9, Subdivision 3, and Section 27-546 of this Subtitle do not apply to the processing or approval of a Detailed Site Plan for a Waterfront Entertainment/Retail Complex. The Planning Board shall consider Detailed Site Plans for Waterfront Entertainment/Retail Complexes in accordance with the following procedures:

(1)
Unless waived pursuant to Section 27-548.01.02(c), a Detailed Site Plan shall be approved by the Planning Board prior to the issuance of any building or use and occupancy permit.
(2)
The Planning Board shall review the Detailed Site Plan for compliance with this Section.
(3)
The Planning Board shall give due consideration to all comments received from other agencies.
(4)
The Planning Board shall only consider the plan at a regularly scheduled meeting of the Planning Board after a duly advertised public hearing.
(5)
The Planning Board shall approve, approve with modification, or disapprove the Detailed Site Plan, and shall state its reasons for the action.
(6)
The Planning Board's decision shall be embodied in a resolution adopted at a regularly scheduled public meeting, a copy of which shall be sent to all persons of record (in the Detailed Site Plan approval process) and the District Council.

(f)

The Planning Board may approve a Detailed Site Plan for a Waterfront Entertainment/Retail Complex if it finds the plan is in conformance with the approved Conceptual Site Plan, provides sufficient design guidelines, compatible location of uses and activities, and general safeguards to decrease or eliminate harmful impacts on adjacent property, while providing flexibility in design and development.

(CB-44-1997; CB-20-2005)

Effective on: 1/1/1901

Sec. 27-548.01.03. Artists' residential studios and performance arts centers.

(a)

Artists' residential studios permitted by Special Permit (SP) in the use tables shall meet the following requirements:

(1)
Each artist unit shall combine individual studio and residential space to create an integrated living and working environment. Artists' residential studios may also provide areas for artists' use as common workspace or performance, office, or storage space.
(2)
Each artist unit shall have at least 700 square feet of space.

(b)

The following uses are permitted in artists' residential studios and performance arts centers, subject to restrictions in the definitions of those uses, and with additional restrictions as indicated:

(1)
Offices for artists, arts organizations, community organizations, and municipalities are permitted. All other office uses are prohibited.
(2)
Uses permitted in the C-S-C Zone in Category (1), Commercial, of the commercial use table in Section 27-461(b) are permitted if they are included in Subcategory (A), Eating or Drinking Establishments; Subcategory (D), Services; or Subcategory (E), Trade.
(3)
Uses stated in the commercial use table in Category (2), Institutional/Educational; Category (3), Miscellaneous; and Category (4), Public/Quasi Public, are permitted.
(4)
All permitted Category (1), Category (2), Category (3), and Category (4) uses shall meet restrictions and requirements indicated in the commercial use table for the C-S-C Zone.

(c)

The Planning Board shall review all proposed signs when reviewing a Special Permit application for proposed artists' residential studios or performance arts centers. The signage schedule shall follow the requirements in PART 12 for similar uses, unless the owner shows that its proposed schedule meets the purposes of the sign regulations.

(d)

Off-street parking requirements in PART 11 do not apply to artists' residential studios or performance arts centers.

(1)
The Planning Board shall review and approve an off-street parking schedule when reviewing a Special Permit application for the proposed use.
(2)
The Planning Board shall consider the following when reviewing an off-street parking schedule:
1. (A)
  The likelihood that different uses in artists' residential studios or performance arts centers will share parking spaces because of variations in times of peak demand;
2. (B)
  The availability of on-street parking or other parking on nearby properties;
3. (C)
  The availability of public transit for residents, patrons, or visitors; and
4. (D)
  Parking requirements in PART 11 that would apply to similar uses.

(CB-12-2001)

Effective on: 1/1/1901

Sec. 27-548.01.04. Recreational or Entertainment Establishment of a Commercial Nature with Video Lottery Facility.

(a)

Requirements. A Recreational or Entertainment Establishment of a Commercial Nature with a Video Lottery Facility ("Facility") shall be permitted, subject to detailed site plan review and approval, in accordance with the following additional requirements:

(1)
Submission demonstrating that the locational requirements as set forth in Section 9-1A-36(h)(1)(VI), State Government Article, Annotated Code of Maryland, are met.
(2)
Submission demonstrating that transportation facilities in the area affected by traffic generated by the Facility ("traffic study area") will be adequate based on:
1. (A)
  total traffic conditions as prescribed in the most recent Transportation Review Guidelines ("Guidelines") published by the Maryland-National Capital Park and Planning Commission;
2. (B)
  compliance with a comprehensive transportation plan in accordance with Section 9-1A-32, State Government Article, Annotated Code of Maryland prior to issuance of any use and occupancy permits; and
3. (C)
  the transportation improvements regarding the Facility submitted to the Maryland Video Lottery Facility Location Commission ("Location Commission").
  1. (i)
    Any required on or off-site transportation improvements contained in this submission shall be made prior to, or concurrent with, the construction of the Facility, and shall be completed prior to the issuance of any use and occupancy permits for the Facility.
(3)
Submission demonstrating a lighting plan that illuminates all parking areas and walkways on site.
(4)
A receipt confirming submission of a written security plan to the Chief of Police demonstrating a 24-hour adequate security and surveillance plan, including plans to control loitering in the parking areas.
1. (A)
  The security plan may be a confidential submittal.
2. (B)
  Review and approval by the Chief of Police or the Chief's designee is required prior to the issuance of any use and occupancy permit for the Facility.
(5)
Submission of a written plan for daily removal of litter and refuse in the Facility and on site.
(6)
Submission of a statement acknowledging obligations pursuant to Section 9-1A-10(a)(3), State Government Article, Annotated Code of Maryland, including any related compliance and reporting requirements.
(7)
Submission of a statement detailing any opportunities in relation to the video lottery facility to be made available to Prince George's County residents or businesses via direct monetary or other equity investment, ownership of independent in-line businesses, ownership of retail pad sites, ownership of business franchises, ownership of service businesses, and/or ownership of any other for-profit businesses.

(b)

Full compliance with this Section by the Video Lottery Operator, including compliance with any plans, commitments, or other information contained in any submissions required in this Section, shall be a stated condition of approval for the Facility's Detailed Site Plan.

(CB-6-2014)

Effective on: 1/1/1901

Sec. 27-548.01.05. Vehicle Parts Store.

(a)

Requirements. "Minor installation services" shall only include the removal and installation of wiper blades, removal and installation of light bulbs and headlight bulbs, removal and installation of batteries, diagnostic testing (connecting a computer to the vehicle to obtain repair code information), battery testing, or alternator testing. "Minor installation services" shall not include other automobile or vehicular services. "Minor installation services" shall not occur in any parking space required to satisfy PART 11 of Subtitle 27. There shall be no outdoor storage.

(CB-16-2014)

Effective on: 1/1/1901

Sec. 27-548.01.06. Tourist Home as an "Accessory Use".

(a)

"Tourist Home" as an "Accessory Use" to a "Dwelling" permitted (P) in the Table of Uses shall be subject to the following requirements:

(1)
The "Tourist Home" shall be an "Accessory Use" to a principal "Use" as a "Dwelling," which principal "Use" is permitted (P) in the Table of Uses;
(2)
The "Tourist Home" "Accessory Use" may be located in a principal "Building" or an "Accessory Building;"
(3)
The "Tourist Home" "Accessory Use" shall be rented for no more than thirty (30) consecutive days and no more than a total of ninety (90) days, if not occupied by the owner or no more than one hundred eighty (180) days if occupied by the owner, over a single calendar year;
(4)
The number of occupants using the "Tourist Home" "Accessory Use" at any one time shall not exceed eight (8) guests at any one time and there shall not be more than three (3) guests per bedroom;
(5)
The owner of the property hosting the "Tourist Home" "Accessory Use" obtains and maintains the appropriate and required licenses from the Department of Permitting, Inspections and Enforcements and other applicable license authorities; and
(6)
The owner of the property hosting the "Tourist Home" "Accessory Use" shall collect and remit all applicable taxes through the platform.

(CB-10-2018)

Editor's note(s)—Section 4 of CB-10-2018 (DR-3) states that these provisions shall take effect on October 1, 2019.

Effective on: 1/1/1901

Sec. 27-548.01.07. Qualified data centers.

(a)

A Qualified Data Center shall include a site plan with any building permit application.

(b)

Qualified Data Centers shall be exempt from Conceptual Site Plan or Detailed Site Plan Approval.

(c)

Qualified Data Centers shall not be permitted in designated Regional Transit Districts, Local Transit Centers (Local), Neighborhood Centers (Local), or Campus Centers (Local) as designated by the County's Approved Plan 2035 General Plan, as may be amended from time to time. Notwithstanding this requirement, Qualified Data Centers may be permitted in the Bowie MARC Campus Center, as may be amended from time to time.

(d)

Qualified Data Centers shall comply with the following standards:

(1)
Principal Building Façades.
1. (A)
  For the purposes of this Section, principal building façades shall be defined as all exterior building façades that face public rights-of-way or existing residential development.
2. (B)
  Principal building façades shall include at least two (2) of the following design elements applied cohesively to the entirety of the face: changes in building height; building step-backs or recesses; fenestration; and/or changes in building material, pattern, texture, color, or use of accent materials. When a building has more than one principal building façade, such principal building façades shall be consistent in terms of design, materials, details, and treatment.
(2)
All exterior lighting shall be designed and constructed with cutoff and fully shielded fixtures that direct light downward and into the interior of the property and away from adjacent roads and properties.
(3)
Regulations concerning the net lot area, lot coverage and green area, lot width/frontage, yards, building height, intensity, accessory buildings, and other similar requirements for uses in the M-X-T Zone shall not apply. Instead, minimum green area, yards (setbacks) and building height shall be as required in the I-1 Zone. In addition, the applicant may propose these regulations on the site plan to be reviewed by DPIE and M-NCPPC staff and approved by DPIE.
(4)
Security fencing shall be effectively screened by a minimum depth of 40 feet of vegetation from all abutting residential properties and public rights-of-way. Security fencing shall not exceed ten (10) feet in height.
(5)
The requirements of the Landscape Manual shall apply.
(6)
The minimum number of required off-street parking spaces shall be equal to the minimum number of parking spaces required for "warehouse unit (except consolidated storage)" by Section 27-568, and the minimum number of required off-street loading spaces shall be equal to the minimum number of loading spaces required for "wholesale or warehouse unit (except consolidated storage)" by Section 27-582.
(7)
Regulations pertaining to signage shall be the same as those applicable to uses in the I-1 Zone as required by PART 12, Signs, of this Ordinance.
(8)
Driveways for ingress and egress shall be identified on the site plan and shall be located so as not to endanger pedestrians or create traffic hazards.
(9)
The applicant shall submit an acoustical study prepared by a professional acoustical engineer that demonstrates the use will not violate the maximum allowable noise levels (dBA) set forth in Subtitle 19 of this Code.

(CB-1-2021)

Effective on: 1/1/1901

Sec. 27-542. Purposes.

(a)

The purposes of the M-X-T Zone are:

(1)
To promote the orderly development and redevelopment of land in the vicinity of major interchanges, major intersections, major transit stops, and designated General Plan Centers so that these areas will enhance the economic status of the County and provide an expanding source of desirable employment and living opportunities for its citizens;
(2)
To implement recommendations in the approved General Plan, Master Plans, and Sector Plans, by creating compact, mixed-use, walkable communities enhanced by a mix of residential, commercial, recreational, open space, employment, and institutional uses;
(3)
To conserve the value of land and buildings by maximizing the public and private development potential inherent in the location of the zone, which might otherwise become scattered throughout and outside the County, to its detriment;
(4)
To promote the effective and optimum use of transit and reduce automobile use by locating a mix of residential and non-residential uses in proximity to one another and to transit facilities to facilitate walking, bicycle, and transit use;
(5)
To facilitate and encourage a twenty-four (24) hour environment to ensure continuing functioning of the project after workday hours through a maximum of activity, and the interaction between the uses and those who live, work in, or visit the area;
(6)
To encourage an appropriate horizontal and vertical mix of land uses which blend together harmoniously;
(7)
To create dynamic, functional relationships among individual uses within a distinctive visual character and identity;
(8)
To promote optimum land planning with greater efficiency through the use of economies of scale, savings in energy, innovative stormwater management techniques, and provision of public facilities and infrastructure beyond the scope of single-purpose projects;
(9)
To permit a flexible response to the market and promote economic vitality and investment; and
(10)
To allow freedom of architectural design in order to provide an opportunity and incentive to the developer to achieve excellence in physical, social, and economic planning.

(CB-84-1990; CB-47-1996; CB-78-2006)

Effective on: 1/1/1901

Sec. 27-543. Uses.

The uses allowed in the M-X-T Zone are as provided for in the Table of Uses (Division 2 of this Part), including the mix of uses required by Section 27-547(d).

(CB-78-2006)

Effective on: 1/1/1901

Sec. 27-544. Regulations.

(a)

Except as provided in Subsections (b) and (c) of this Section, additional regulations concerning the location, size, and other provisions for all buildings and structures in the M-X-T Zone are as provided for in Divisions 3 and 4 of this Part, General (PART 2), Off-Street Parking and Loading (PART 11), Signs (PART 12), and the Landscape Manual.

(b)

Except as otherwise specified in this Division, where an approved Conceptual Site Plan imposes certain regulations related to the location, density, coverage, and height of improvements that are intended to implement recommendations for mixed-use development within a comprehensive master plan or general plan, such standards shall provide guidance for the development regulations to be incorporated into the Detailed Site Plan.

(c)

For property placed in the M-X-T Zone through a Sectional Map Amendment or through a Zoning Map Amendment intended to implement land use recommendations for mixed-use development recommended by a Master Plan or Sector Plan that is approved after October 1, 2006, and for which a comprehensive land use planning study was conducted by Technical Staff prior to initiation:

(1)
For property not subject to Section 27-544(f)(2)(I), the design guidelines or standards intended to implement the development concept recommended by the Master Plan, Sector Plan, or the Sectional Map Amendment Zoning Change, and a referenced exhibit of record for the property shall provide guidance for the development regulations to be incorporated into the Conceptual Site Plan.
(2)
The limitations on the lot size and lot width requirements in Section 27-548(h) shall not apply.

(d)

Notwithstanding the provisions of Section 27-270, a grading permit may be issued as long as it is in conformance with an approved Conceptual Site Plan.

(e)

Mixed-Use Planned Community regulations.

(1)
A Mixed Use Planned Community shall conform to the purposes, regulations, and required findings and review process set forth in DIVISION 2 of this Part, for the M-X-T Zone, however, for property that is located in the E-I-A (Employment and Institutional Area) Zone and is subject to Sections 27-276, 27-500, and 27-501 of this Subtitle, the following regulations shall be advisory only.
(2)
It shall include retail, residential and office/employment uses. The use mixture shall consist of the following, based on the total gross floor area for residential, retail and office combined:

TOTAL GROSS FLOOR AREA	MIN.	MAX.
Residential (at least two different types)	50%	90%
Retail	10%	20%
Office/Employment	0%	40%

TOTAL GROSS FLOOR AREA	MIN.	MAX.
Residential (at least two different types)	50%	90%
Retail	10%	20%
Office/Employment	0%	40%

TOTAL GROSS FLOOR AREA	MIN.	MAX.
Residential (at least two different types)	50%	90%
Retail	10%	20%
Office/Employment	0%	40%

TOTAL GROSS FLOOR AREA	MIN.	MAX.
Residential (at least two different types)	50%	90%
Retail	10%	20%
Office/Employment	0%	40%

1. (3)
  It may include hotel uses. Hotel use is not included in the residential, retail or office/employment categories for purposes of calculating gross floor area for percentages of use. There is no percentage restriction applied to the hotel uses.
2. (4)
  It may provide at least one institutional or civic use, may have an integrated network of streets, sidewalks, and open space, public or private, and should give priority to public space and appropriate placement of institutional and civic uses.
3. (5)
  Where a conflict arises between E-I-A Zone requirements and M-X-T Zone requirements, the M-X-T requirements shall be followed.
4. (6)
  The community should be focused on a central public space that is surrounded by a combination of commercial, civic, cultural or recreational facilities.
  1. (A)
    The space should be a minimum of twenty-five (25) acres, and may include a lake.
  2. (B)
    It should be designed with adequate amenities to function as a fully shared space for the entire community.
5. (7)
  The community should contain additional, linked open space in the form of squares, greens and parks that are accessible, visible, safe and comfortable.
  1. (A)
    The open spaces should provide a variety of visual and physical experiences.
  2. (B)
    Some of these open spaces should be bordered by buildings and be visible from streets and buildings.
6. (8)
  The retail uses may be designed to:
  1. (A)
    Create a sense of place by creating a design that provides amenities such as plazas, parks, recreational opportunities, entertainment and cultural activities, public services and dining; and provides attractive project gateways and public spaces.
  2. (B)
    Create outdoor amenities, such as brick pavers, tree grates, decorative lighting, signs, banners, high quality street furniture and extensive landscaping, including mature trees.
  3. (C)
    Create attractive architecture by: using high quality building materials such as stone, brick or split-face block, and providing architectural elements such as façade articulation in fifty (50) foot to seventy-five (75) foot increments, second floor levels, dormer windows, canopies, arcades, varied roofscapes and customized shopfronts to create a street-like rhythm.
  4. (D)
    Promote attractiveness by designing attractive, quality façades of all commercial buildings where the façade is visible from public space; and completely screening loading, service, trash, HVAC and other unsightly functions.
  5. (E)
    Creating a retail area where, if the front of a retail store fronts a street: pedestrians may travel with ease, with attractive walkways and continuous street front experiences to maximize the quality of the pedestrian environment; crosswalks may run through and across the parking lots and drive aisles to connect all buildings and uses; sidewalks may be wide, appealing, shaded and configured for safe and comfortable travel; pedestrian walkways may be separated from vehicular circulation by planting beds, raised planters, seating walls, on-street parallel parking and/or structures; walking distances through parking lots may be minimized and located to form logical and safe pedestrian crossings, and walkways may be made more pedestrian-friendly through the use of arcades, canopies, street trees, benches and tables and chairs.
  6. (F)
    Shield and enhance the surrounding view through techniques such as screening views of parking lots along the main frontal streets with green bermed and landscaped strips, or a low brick (or other quality material) wall, in order to screen parking from the public frontage streets, and ensuring that attractive buildings are to be visible from the public frontage streets.
  7. (G)
    Minimize expanse of parking lots through the use of landscape islands or the location of buildings and streets.
  8. (H)
    Provide a hierarchy of pedestrian-scaled, direct and indirect, high quality, energy efficient lighting that illuminates walkways, ensures safety, highlights buildings and landmark elements, and provides sight lines to other retail uses.
  9. (I)
    Create a signage package for high quality signs and sign standards and requirements for all retail and office tenants and owners, which shall address size, location, square footage, materials, logos, colors and lighting. For office and retail uses, a Conceptual Site Plan for Signage shall be approved prior to release of any sign permits. All sign permits shall conform to the approved Conceptual Site Plan for Signage.
  10. (J)
    Enhance retail pad sites designs to be compatible with the main retail component. If the retail pad sites are located along the public frontage streets, parking should be located to the rear and sides of the pad sites.
  11. (K)
    Green areas should be provided between pad sites.
  12. (L)
    Restaurants adjacent to the central public space/lake should have attractive outdoor seating areas.
7. (9)
  Residential uses should meet the following design standards:
  1. (A)
    Single family detached.
    (i)
    There should be a range of lot sizes, with a minimum square footage on any lot of two thousand, two hundred (2,200) square feet of finished living space, except as modified herein below.
    (ii)
    At least twenty percent (20%) of the houses should be a minimum of two thousand, six hundred (2,600) square feet of finished living space and a maximum of 20% of the houses may be less than two thousand, two hundred (2,200) square feet of finished living space.
    (iii)
    All streets, whether public or private, should have sidewalks.
  2. (B)
    Multifamily.
    (i)
    Building materials should be high quality, enduring and distinctive.
    (ii)
    Use of siding should be limited.
    (iii)
    Amenities such as are typically provided for luxury rental and condo projects should be provided.

(f)
Regional Urban Community Regulations.
1. (1)
  A Regional Urban Community shall conform to the definitions, regulations, and requirements set forth in Sections 27-107.01, 27-276, and 27-508 of the Zoning Ordinance.
2. (2)
  In addition to the definition, regulations, and other requirements set forth in Sections 27-107.01, 27-276, and 27-508 of this Code, the following regulations shall apply to a Regional Urban Community in the M-X-T Zone:
  1. (A)
    The maximum number and type of dwelling units shall be determined at the time of the Conceptual Site Plan approval.
  2. (B)
    For Regional Urban Community developments in the M-X-T Zone, the woodland conservation and afforestation thresholds shall be fifteen percent (15%) with no requirement for on-site mitigation. A fee-in-lieu of $0.30 per square foot shall be required.
  3. (C)
    Innovative stormwater management techniques may be used upon a finding that the techniques meet the purpose of the M-X-T Zone as set forth in Section 27-541(a)(2), including but not limited to the utilization of stream channel and floodplain enhancement and restoration. Stream restoration may be utilized to meet channel protection and water quality volumes.
  4. (D)
    No setback shall be required from the 100-year floodplain to the lot line. There shall be a twenty-five (25) foot setback from the building to the 100-year floodplain for residences as a building restriction line as set forth in Section 24-129.
  5. (E)
    The maximum number of townhouse dwelling units per building group shall be ten (10). No more than thirty percent (30%) of the building groups shall contain nine (9) to ten (10) dwelling units. All other townhouse building groups shall contain no more than eight (8) dwelling units.
  6. (F)
    The number of parking spaces required in the core area of the Regional Urban Community are to be calculated by the applicant and submitted for Planning Board approval at the time of Detailed Site Plan approval. The applicant shall submit the methodology, assumptions, and data used in performing the calculations with the Detailed Site Plan. The number of parking spaces within the core area of the Regional Urban Community shall be calculated based on the procedures described in Sections 27-574(b) and (c).
  7. (G)
    End units on townhouse building groups shall be a minimum of twenty (20) feet in width and the minimum building width of a contiguous attached townhouse building group shall be sixteen (16) feet per unit. A variety of townhouse sizes shall be provided, with a minimum gross living space of a townhouse unit shall be 1,500 square feet except that ten percent (10%) of the townhouse units may be reduced to 1,200 square feet.
  8. (H)
    The minimum front setback from any public or private right-of-way may be reduced to seven (7) feet. In the core area, the public maintenance shall be one foot from back-of-curb to one foot to back-of-curb.
  9. (I)
    In the event that a major employment use or center is identified after the adoption of the applicable Sector Plan, the Conceptual Site Plan may be amended to provide appropriate guidelines for such development to be applied at Detailed Site Plan to integrate the use into the surrounding development pattern. Such guidelines may include architecture, streetscape amenities, buffers and landscaping. Such guidelines shall be flexible to accommodate the requirements of the proposed employment use or center.

(CB-1-1989; CB-84-1990; CB-47-1996; CB-44-1997; CB-13-2002; CB-78-2006; CB-29-2008; CB-27-2015; CB-73-2016; CB-19-2019)

Effective on: 1/1/1901

Sec. 27-545. Optional method of development.

(a)

Purposes.

(1)
Under the optional method of development, greater densities shall be granted, in increments of up to a maximum floor area ratio of eight (8.0), for each of the uses, improvements, and amenities (listed in Subsection (b)) which are provided by the developer and are available for public use. The presence of these facilities and amenities is intended:
1. (A)
  To make possible a livable environment capable of supporting the greater density and intensity of development permitted;
2. (B)
  To encourage a high degree of urban design;
3. (C)
  To increase pedestrian-oriented activities and amenities; and
4. (D)
  To provide uses which encourage a lively, twenty-four (24) hour cycle for the development.

(b)

Bonus incentives.

(1)
Open arcade.
1. (A)
  Three (3) gross square feet shall be permitted to be added to the gross floor area of the building for each one (1) square foot of open arcade provided. For the purpose of this incentive, an open arcade is a continuous, covered area (excluding areas covered by such things as canopies), located along the perimeter of a building and designed for pedestrian uses. The arcade shall adjoin a street, plaza, or court and, except for the columns, piers, or arches which support the building or roof, the arcade shall be open to the street, plaza, or court. An open arcade shall have an unobstructed passageway at least ten (10) feet wide for its entire length. If an open arcade adjoins a street, it shall (at both ends) connect with other open arcades or be a part of a continuous sidewalk along the street.
(2)
Enclosed pedestrian space.
1. (A)
  Four (4) gross square feet shall be permitted to be added to the gross floor area of the building for each one (1) square foot of enclosed pedestrian space provided. For the purpose of this incentive, an enclosed pedestrian space is a wholly enclosed area located within a building and designed for pedestrian use. The space may be covered by a roof of a transparent material which exposes the area to natural light. The enclosed pedestrian area shall be directly accessible to the public, have a minimum ceiling height of twenty (20) feet, and have at least one thousand two hundred (1,200) square feet of gross floor area. The space shall be appropriately lighted, and at least three (3) of the following shall be provided: balconies with inter-floor connections; planting or landscaping; ornamental fountains; statuary; furniture; kiosks; works of art; overhead banners, pennants, mobiles, or other decorative elements; or other similar features.
(3)
Theater.
1. (A)
  Four (4) gross square feet shall be permitted to be added to the gross floor area of the building for each one (1) square foot of theater or other performing arts facility containing a minimum of one hundred fifty (150) seats.
(4)
Residential use.
1. (A)
  Additional gross floor area equal to a floor area ratio (FAR) of one (1.0) shall be permitted where twenty (20) or more dwelling units are provided.
(5)
Rooftop activities.
1. (A)
  One (1) gross square foot shall be permitted to be added to the gross floor area of the building for each one (1) square foot of landscaped rooftop provided. The area shall be accessible to the public and shall contain observation and sitting areas.
2. (B)
  One (1) gross square foot shall be permitted to be added to the gross floor area of the building for each one (1) square foot of restaurant with outdoor seating, or for each one (1) square foot of outdoor recreational facilities, provided on the rooftop.
(6)
Outdoor plaza.
1. (A)
  Eight (8) gross square feet shall be permitted to be added to the gross floor area of the building for every one (1) square foot of outdoor plaza provided. The plaza shall be open to the sky, except for street furniture, landscaping, or similar items, or any sun or rain shades (not including open arcades) which cover not more than twenty percent (20%) of the plaza area. The plaza shall reflect a high degree of urban design which encourages a variety of human activities, such as walking and sitting in a pleasant public space. The plaza, and any buildings on the south side of the plaza, shall be arranged and designed to admit sunlight to the plaza. The plaza shall contain extensive plantings, a range of seating options, other street furniture, and works of art or water features, such as statuary, fountains, and pools. The plaza shall be surfaced in textured concrete, masonry, ceramic paving units, wood, or other approved special surfacing material. Lighting shall be furnished which provides for both safety and visual effect. The minimum size of a plaza shall be eighty (80) feet by one hundred (100) feet.

(CB-78-2006)

Effective on: 1/1/1901

Sec. 27-546. Site plans.

(a)

A Conceptual Site Plan and a Detailed Site Plan shall be approved for all uses and improvements, in accordance with PART 3, Division 9, of this Subtitle.

(b)

In addition to the information required by PART 3, Division 9, for Conceptual Site Plans, the following information shall be included on Plans in the M-X-T Zone:

(1)
A general description of the pedestrian system proposed;
(2)
The proposed floor area ratio;
(3)
The type and location of uses proposed, and the range of square footage anticipated to be devoted to each;
(4)
A general description of any incentives to be used under the optional method of development;
(5)
Areas proposed for landscaping and screening;
(6)
The proposed sequence of development; and
(7)
The physical and functional relationship of the project uses and components.
(8)
Property placed in the M-X-T Zone by a Sectional Map Amendment shall provide supporting evidence which shows whether the proposed development will exceed the capacity of transportation facilities that are existing, are under construction, for which one hundred percent (100%) of construction funds are allocated within the adopted County Capital Improvement Program or within the current State Consolidated Transportation Program, will be provided by the applicant (either wholly or, where authorized pursuant to Section 24-124(a)(8) of the County Subdivision Regulations, through participation in a road club), or are incorporated in a specific public facilities financing and implementation program.

(c)

In addition to the information required by PART 3, Division 9, for Detailed Site Plans, the following information shall be included on Plans in the M-X-T Zone:

(1)
The proposed drainage system;
(2)
All improvements and uses proposed on the property;
(3)
The proposed floor area ratio of the project, and detailed description of any bonus incentives to be used; and
(4)
Supporting evidence which shows that the proposed development will be adequately served within a reasonable period of time with existing or programmed public facilities shown in the adopted County Capital Improvement Program or within the current State Consolidated Transportation Program, will be provided by the applicant (either wholly or, where authorized pursuant to Section 24-124(a)(8) of the County Subdivision Regulations, through participation in a road club), or are incorporated in a specific public facilities financing and implementation program, if more than six (6) years have elapsed since a finding of adequacy was made at the time of rezoning through a Zoning Map Amendment, Conceptual Site Plan approval, or preliminary plan approval, whichever occurred last.

(d)

In addition to the findings required for the Planning Board to approve either the Conceptual or Detailed Site Plan (PART 3, DIVISION 9), the Planning Board shall also find that:

(1)
The proposed development is in conformance with the purposes and other provisions of this Division;
(2)
For property placed in the M-X-T Zone through a Sectional Map Amendment approved after October 1, 2006, the proposed development is in conformance with the design guidelines or standards intended to implement the development concept recommended by the Master Plan, Sector Plan, or Sectional Map Amendment Zoning Change or include a major employment use or center which is consistent with the economic development strategies of the Sector Plan or General Plan;
(3)
The proposed development has an outward orientation which either is physically and visually integrated with existing adjacent development or catalyzes adjacent community improvement and rejuvenation;
(4)
The proposed development is compatible with existing and proposed development in the vicinity;
(5)
The mix of uses, arrangement and design of buildings and other improvements, and provision of public amenities reflect a cohesive development capable of sustaining an independent environment of continuing quality and stability;
(6)
If the development is staged, each building phase is designed as a self-sufficient entity, while allowing for effective integration of subsequent phases;
(7)
The pedestrian system is convenient and is comprehensively designed to encourage pedestrian activity within the development;
(8)
On the Detailed Site Plan, in areas of the development which are to be used for pedestrian activities or as gathering places for people, adequate attention has been paid to human scale, high quality urban design, and other amenities, such as the types and textures of materials, landscaping and screening, street furniture, and lighting (natural and artificial); and
(9)
On a Conceptual Site Plan for property placed in the M-X-T Zone by a Sectional Map Amendment, transportation facilities that are existing; that are under construction; or for which one hundred percent (100%) of construction funds are allocated within the adopted County Capital Improvement Program, or the current State Consolidated Transportation Program, will be provided by the applicant (either wholly or, where authorized pursuant to Section 24-124(a)(8) of the County Subdivision Regulations, through participation in a road club), or are incorporated in an approved public facilities financing and implementation program, will be adequate to carry anticipated traffic for the proposed development. The finding by the Council of adequate transportation facilities at the time of Conceptual Site Plan approval shall not prevent the Planning Board from later amending this finding during its review of subdivision plats.
(10)
On the Detailed Site Plan, if more than six (6) years have elapsed since a finding of adequacy was made at the time of rezoning through a Zoning Map Amendment, Conceptual Site Plan approval, or preliminary plat approval, whichever occurred last, the development will be adequately served within a reasonable period of time with existing or programmed public facilities shown in the adopted County Capital Improvement Program, within the current State Consolidated Transportation Program, or to be provided by the applicant (either wholly or, where authorized pursuant to Section 24-124(a)(8) of the County Subdivision Regulations, through participation in a road club).
(11)
On a property or parcel zoned E-I-A or M-X-T and containing a minimum of two hundred fifty (250) acres, a Mixed-Use Planned Community including a combination of residential, employment, commercial and institutional uses may be approved in accordance with the provisions set forth in this Section and Section 27-548.

(CB-1-1989; CB-26-1991; CB-13-2002; CB-78-2006; CB-23-2015; CB-19-2019)

Effective on: 1/1/1901

Sec. 27-546.01. Purposes.

(a)

The purposes of the Mixed Use Community Zone are to:

(1)
Create a comprehensively planned community with a balanced mix of residential, commercial, recreational, and public uses;
(2)
Establish a system of flexible development standards which will encourage innovation and provide a superior alternative to conventional development patterns;
(3)
Provide effective on-site density transfers and cluster techniques to promote public facility efficiency, walkable neighborhoods, and the preservation of significant open spaces;
(4)
Provide a well-defined central focal point that will provide gathering places for the community to participate in neighborhood affairs and activities;
(5)
Design a community with a distinct physical identity, expressed through a coherent and compact land plan, consistent treatment of common design elements such as streetscape and signs, and emphasis on the public realm;
(6)
Provide a variety of lot sizes and dwelling types so as to provide housing for a spectrum of incomes, ages, and family structures;
(7)
Design a comprehensive network of substantial open space tracts superior to what could be obtained under conventional development techniques to serve a variety of scenic, recreational, and environmental conservation purposes;
(8)
Preserve environmentally sensitive areas and significant natural features;
(9)
Arrange land uses to be in physical proximity, and link these uses with pedestrian trails and sidewalks;
(10)
Permit a flexible response to the market; and
(11)
Provide a multistep review process which will assure the compatibility of proposed land uses with existing and proposed surrounding land uses, and existing and proposed public facilities and services, so as to promote the health, safety, and welfare of the present and future inhabitants of Prince George's County.

(CB-63-1992; CB-47-1996)

Effective on: 1/1/1901

Sec. 27-546.02. Definitions.

(a)

Terms in this Subdivision and throughout Subtitle 27, when referring to the M-X-C Zone, are defined as follows:

(1)
Community Use Area: An area, utilized in the M-X-C Zone, which provides undisturbed open space, recreational facilities, parks, public and homeowner uses and amenities. Buildings and parking lots shall be permitted in Community Use Areas only if they are public, owned by a homeowners association, or for not-for-profit uses such as a school, library, fire and rescue station, post office, museum or art gallery, nature center, or community building. Parking lots are permitted only as an accessory use to an approved use on the same lot. Recreational facilities such as athletic fields and swimming pools are encouraged. Golf courses and riding stables are permitted only if they are public, not-for- profit, or homeowner association-owned, and if they provide a significant and specific benefit to the community at large, such as public trails or public access.
(2)
Nonresidential Areas: An area, utilized in the M-X-C Zone, consisting primarily of private institutional, private educational, governmental administrative buildings, civic, judicial, office, retail hotel, motel, and other commercial uses, including all other nonresidential uses set forth in Division 3 of PART 10 of this Subtitle.
(3)
Other Residential Areas: An area, utilized in the M-X-C Zone, consisting primarily of the following types of residential dwellings: multifamily dwellings, semidetached dwellings, three-family dwellings, triple-attached dwellings, two-family dwellings, townhouses, or any combination of the foregoing.
(4)
Single-Family Areas: An area, utilized in the M-X-C Zone, which consists primarily of one-family detached dwellings.

(CB-63-1992)

Effective on: 1/1/1901

Sec. 27-546.03. Uses.

(a)

The uses allowed in the M-X-C Zone are as provided for in the Table of Uses (Division 3 of this Part).

(b)

Each Preliminary Development Plan in the M-X-C Zone shall comply with the following minimum and maximum requirements for use areas:

	MINIMUM PERCENTAGE OF GROSS AREA OF THE ZONE	MAXIMUM PERCENTAGE OF GROSS AREA OF THE ZONE
Community Use Areas	30%	N/A
Single-Family - Low Density Residential	10%	N/A
Single-Family - Medium Density Residential	20%	N/A
Other Residential: In no event shall the number of townhouses exceed 25% of the total number of dwellings in the Zone	N/A	15%
Nonresidential Areas: In no event shall service or trade uses exceed 10% of the gross area of the Zone	5%	20%

	MINIMUM PERCENTAGE OF GROSS AREA OF THE ZONE	MAXIMUM PERCENTAGE OF GROSS AREA OF THE ZONE
Community Use Areas	30%	N/A
Single-Family - Low Density Residential	10%	N/A
Single-Family - Medium Density Residential	20%	N/A
Other Residential: In no event shall the number of townhouses exceed 25% of the total number of dwellings in the Zone	N/A	15%
Nonresidential Areas: In no event shall service or trade uses exceed 10% of the gross area of the Zone	5%	20%

	MINIMUM PERCENTAGE OF GROSS AREA OF THE ZONE	MAXIMUM PERCENTAGE OF GROSS AREA OF THE ZONE
Community Use Areas	30%	N/A
Single-Family - Low Density Residential	10%	N/A
Single-Family - Medium Density Residential	20%	N/A
Other Residential: In no event shall the number of townhouses exceed 25% of the total number of dwellings in the Zone	N/A	15%
Nonresidential Areas: In no event shall service or trade uses exceed 10% of the gross area of the Zone	5%	20%

	MINIMUM PERCENTAGE OF GROSS AREA OF THE ZONE	MAXIMUM PERCENTAGE OF GROSS AREA OF THE ZONE
Community Use Areas	30%	N/A
Single-Family - Low Density Residential	10%	N/A
Single-Family - Medium Density Residential	20%	N/A
Other Residential: In no event shall the number of townhouses exceed 25% of the total number of dwellings in the Zone	N/A	15%
Nonresidential Areas: In no event shall service or trade uses exceed 10% of the gross area of the Zone	5%	20%

(c)
Single-Family Areas.
1. (1)
  Other uses which may be allowed in these areas are home occupations, day care centers, group homes, tourist homes, churches, and other similar uses, as provided for in Section 27-547. All permitted uses other than one-family detached dwellings shall be approved as part of the textual material for the Comprehensive Sketch Plan and the Final Development Plan. No dwelling units other than one-family detached shall be allowed in this area.
(d)
Other Residential Areas.
1. (1)
  Other uses which may be allowed in these areas are home occupations, day care centers, group homes, tourist homes, churches, and other similar uses, as provided for in Section 27-547. All permitted uses other than one-family detached dwellings shall be approved as part of the textual material for the Comprehensive Sketch Plan and the Final Development Plan. One-family detached dwelling units are permitted in this area.
(e)
Nonresidential Areas.
1. (1)
  In the Nonresidential Areas, limited Other Residential uses are permitted in conjunction with buildings containing nonresidential uses.
2. (2)
  The maximum floor area ratio for all commercial uses shall be four-tenths (0.4).
(f)
Community Use Areas.
1. (1)
  A minimum amount of the Community Use Area shall be outside the one hundred (100) year floodplain and wetlands. For the maximum density permitted in the M-X-C Zone, the minimum amount of area outside the one hundred (100) year floodplain and wetlands shall be twenty-five percent (25%) of the Community Use Area. For any density proposed in the Preliminary Development Plan which is lower than the maximum density permitted in the Zone, the minimum amount shall be proportionately lower at the rate of three percent (3%) for each one-tenth (0.1) in density, but in no case shall the area outside the one hundred (100) year floodplain and wetlands be less than ten percent (10%).
2. (2)
  Buildings and parking lots shall not exceed fifteen percent (15%) of the Community Use Area.
3. (3)
  The Community Use Areas shall, to the extent possible, include all sensitive natural features, including streams and stream buffers, slopes over twenty-five percent (25%), slopes over fifteen percent (15%) on highly erodible soils, one hundred (100) year floodplain, wetlands, and wetland buffers, and woodland conservation areas. Where it is feasible within the overall development scheme, these natural areas may be incorporated into other development areas, as long as they are, to the extent possible, located outside the limits of disturbance.
4. (4)
  All lands approved as Community Use Areas on the Final Development Plan shall be conclusively presumed to satisfy the requirements of this Section.
(g)
For the purposes of calculating land use areas, land within public rights-of-way shall be attributed to the adjoining use. If the right-of-way is between two different use areas, a proportionate percentage of the right-of-way shall be attributed to each use. If the road adjoins a Community Use Area, no part of the right-of-way shall be attributed to the Community Use Area. Attribution of land which adjoins the Community Use Area shall be divided proportionately between the closest adjacent uses.
(h)
Uses located within a land use area which are not the primary uses for which the area is intended and which are not compatible with adjoining uses shall be made compatible through development standards such as height restrictions, buffers, and building setbacks. These development standards shall be established through the Comprehensive Sketch Plan and the Final Development Plan. A determination of the compatibility of uses shall be based on an evaluation of such elements as noise, outdoor loading spaces, exterior storage, dust, fumes, vibration, litter, and bright lighting during the evening or at night.

(CB-63-1992; CB-56-1996)

Effective on: 1/1/1901

Sec. 27-546.04. Other regulations.

(a)

No land may be zoned M-X-C unless it consists of at least seven hundred fifty (750) contiguous gross acres. Land which is divided by streets, roads, ways, highways, transmission pipes, lines or conduits, or rights-of-way (in fee or by easement) owned by third parties shall be deemed to be contiguous.

(b)

Residential density determinations in the M-X-C Zone shall be based on the average number of dwelling units per gross acre. The density of the entire zone shall not exceed two (2) dwelling units per gross acre. Within each Preliminary Development Plan the following additional density restrictions shall apply:

(1)
In Single-Family - Low Density use areas, the maximum number of dwellings permitted shall not exceed two (2) dwelling units per gross acreage of all Single-Family - Low Density use areas in the zone.
(2)
In Single-Family - Medium Density use areas, the maximum number of dwellings permitted shall not exceed four (4) dwelling units per gross acreage of all Single-Family - Medium Density use areas in the zone.
(3)
In Other Residential use areas, the maximum number of dwellings permitted shall not exceed fifteen (15) dwelling units per gross acreage of all Other Residential use areas in the zone.

(c)

The use of land within the M-X-C Zone shall be limited to those uses specified in the Final Development Plan.

(d)

Except for accessory uses to one-family dwellings, no structure within an M-X-C Zone shall be:

(1)
Erected except in accordance with the Final Development Plan; or
(2)
Used for any purpose other than the use designated for it on the Final Development Plan.

(e)

The regulations concerning Off-Street Parking and Loading (PART 11), Signs (PART 12), and the Landscape Manual shall apply within the M-X-C Zone. Section 4.7 of the Landscape Manual shall not apply to contiguous uses within the boundaries of the M-X-C Zone, but shall apply along the exterior boundaries of the M-X-C Zone where a use within the M-X-C Zone is contiguous to a use which is outside the zone.

(f)

Development in this zone shall contain one or more neighborhood centers intended to create a distinct focal point(s) for the community:

(1)
The neighborhood center shall be recognizable, compact, and functionally diverse;
(2)
The neighborhood center shall be located in proximity to the highest residential concentration, and in general, residential densities shall decrease in proportion to their distance from the neighborhood center;
(3)
The neighborhood center shall be linked by pedestrian trails and sidewalks to all parts of the area that it serves, and shall include facilities that encourage modes of transportation other than driving, such as bus shelters (if public transportation is available) and bike racks at convenient locations;
(4)
The neighborhood center shall be arranged in a network of interconnecting streets to provide a strong sense of community and to provide drivers and pedestrians with alternate routes. The streets shall connect with other uses in the development through a logical extension of the street network;
(5)
Community uses, such as churches and other places of worship, day care centers, and community recreational uses are an integral part of the neighborhood center concept;
(6)
The neighborhood center is intended to include a variety of retail shops and services to support the day-to-day needs of the residents, complemented by other compatible businesses and civic activities, with a residential component, if desired; and
(7)
The neighborhood center shall be focused on a neighborhood green or park, which shall provide outdoor space for collective social activity, recreation, and visual enjoyment, shall be designed with some recognizable edges or a sense of enclosure, be easily identifiable and accessible to all residents, and will preferably be in proximity to a community building.

(g)

Residential areas shall include a variety of lot sizes and development standards, which shall be coordinated with street widths, views, topography, landscaping, and architecture. Townhouses shall be located on lots at least one thousand eight hundred (1,800) square feet in size, with at least sixty percent (60%) of the total number of building fronts constructed of brick, stone, or stucco. There shall be no more than six (6) townhouses per building group, except where the applicant demonstrates to the satisfaction of the Planning Board or District Council, as applicable, that more than six (6) dwelling units (but not more than eight (8) dwelling units) would create a more attractive living environment or would be more environmentally sensitive. In no event shall the number of building groups containing more than six (6) dwelling units exceed twenty percent (20%) of the total number of building groups in the approved Preliminary Development Plan, and the end units on such building groups shall be a minimum of twenty-four (24) feet in width. The minimum building width in any continuous, attached group shall be twenty (20) feet, and the minimum gross living space shall be one-thousand two hundred and fifty (1,250) square feet for any townhouse in the M-X-C Zone. For the purposes of this Subsection, "gross living space" shall be defined as all interior space except the garage and unfinished basement or attic area.

(h)

An integrated public street system with a variety of street standards shall be incorporated into the zone. The street hierarchy shall be related to the street's function in the zone, the average daily traffic (ADT) levels, lot frontage, and the need for on-street parking. The streets shall be designed to accommodate pedestrian needs as much as for vehicular use. The design of the public street system shall include typical cross sections showing paving widths, medians, parking, greenway and landscaping, sidewalks, and utility easements, and typical entrance or gateway treatments, or reference typical sections in the "General Specifications and Standards for Highway and Street Construction." The street plan will be implemented through each Detailed Site Plan. A proposal for the submission of this plan shall be included in the text for the Preliminary Development Plan.

(i)

A sign program shall be provided to ensure that consistent sign treatment is provided throughout the development in order to further a sense of community identity. Subsequent to approval of the Preliminary Development Plan, a sign program, which shall include drawings, guidelines, or standards for community gateway signs, residential development signs, and commercial and retail center signs, shall be approved by the Planning Board. A proposal for the submission of this plan shall be included in the text for the Preliminary Development Plan. The sign program will be implemented through each Detailed Site Plan.

(j)

The design of the Community Use Areas shall include, in addition to large tracts of natural undisturbed open space, smaller tracts, parks, greens, or plazas more formally designed and intended to provide intensive civic or recreational uses. These areas should be located throughout the development, readily identifiable to invite public use, visible and accessible from public spaces, and may be in proximity to civic, institutional, or recreational buildings.

(CB-63-1992; CB-47-1996; CB-56-1996)

Effective on: 1/1/1901

Sec. 27-546.05. Comprehensive Sketch Plan.

(a)

Filing.

(1)
The Comprehensive Sketch Plan may be filed with the Planning Board following approval of the Preliminary Development Plan. It must be filed prior to the preliminary plat of subdivision. The Comprehensive Sketch Plan may cover all or a portion of the entire area included in the Preliminary Development Plan.

(b)

Fees.

(1)
Upon filing a Comprehensive Sketch Plan, the applicant shall pay to the Planning Board a fee to help defray the costs related to processing the application. The scale of fees shall be determined by the Planning Board. A reduction in the fee may be permitted by the Planning Board, if it finds that payment will be an undue hardship upon the applicant.

(c)

Contents of Comprehensive Sketch Plan.

(1)
The applicant shall demonstrate to the Planning Board that, in the preparation of the Comprehensive Sketch Plan and supporting documents, he has devoted adequate attention to environmental relationships, design, landscaping, engineering factors, and traffic factors.
(2)
The Comprehensive Sketch Plan shall consist of the following:
1. (A)
  A drawing or series of drawings (in the form of prints or other media acceptable to the Planning Board and supplied in reasonable quantities as required by the Planning Board or designee) showing the proposed development of the property at an appropriate scale, generally either one (1) inch equals two hundred (200) feet or one (1) inch equals one hundred (100) feet. The drawing(s) shall show the total number of acres on the site; and the approximate boundaries, acreages, and densities or intensities of all proposed residential and nonresidential land use areas on the site, including Community Use Areas;
2. (B)
  The zoning of adjoining properties;
3. (C)
  The location of all existing and proposed public streets, roads, and utilities;
4. (D)
  The location of all existing site and environmental features shown on the approved Natural Resource Inventory;
5. (E)
  A Type 1 Tree Conservation Plan prepared in conformance with Division 2 of Subtitle 25 and The Woodland and Wildlife Habitat Conservation Technical Manual or Standard Letter of Exemption;
6. (F)
  An approved Natural Resource Inventory;
7. (G)
  A statement of justification describing how the proposed design preserves and restores the regulated environmental features to the fullest extent possible;
8. (H)
  The general location and type of conceptual design elements, such as special gateway treatment areas, focal points, major intersections, views to be screened, enhanced, controlled, or emphasized, and areas appropriate for special architectural treatment;
9. (I)
  The general location and type of recreational facilities, trails, and pedestrian circulation and amenities;
10. (J)
  Text material setting forth criteria, standards, and design principles for the following:
  1. (i)
    The permitted general use or specific use as hereinafter defined, for each land use area. Uses may be designated on the Comprehensive Sketch Plan and the Final Development Plan either as specific uses or general uses. If the criteria in the plan stipulate a general use, any one of the uses within that category is permitted, and the specific use need not be specified until the Detailed Site Plan is approved. If a specific use is stipulated in the criteria for the Plan, then the structure, lot, or parcel must be used for that specific use only. Specific uses which shall be stipulated as part of the criteria in the Comprehensive Sketch Plan and Final Development Plan are major recreational facilities, community buildings, churches, schools, public buildings, and retail centers;
  2. (ii)
    Height limitations, front, side, and rear yard areas, setback provisions, and lot coverage requirements, stated generally or specifically with respect to particular improvements or types of improvements;
  3. (iii)
    A comprehensive landscape program for the development;
  4. (iv)
    A comprehensive, integrated public street system for the development pursuant to Section 27-546.04(i), if the street plan described in that Section has not been previously submitted and approved by the Planning Board;
  5. (v)
    Supporting evidence which shows whether the transportation facilities which are existing, under construction, or included in the adopted County Capital Improvement Program or the current State Consolidated Transportation Program will be adequate to carry anticipated traffic;
11. (K)
  The estimated residential or employment population for each land use area;
12. (L)
  Where a Comprehensive Sketch Plan proposes to include an adaptive use of a Historic Site, the application shall include:
  1. (i)
    Text describing the nature of the proposed adaptive use, including a description of how the use will be integrated into the design and theme of the Historic Site;
  2. (ii)
    A preliminary evaluation of historic landscape features through field investigation; and
  3. (iii)
    Preliminary architectural elevations within the environmental setting of the Historic Site.

(d)

Planning Board Action.

(1)
The Planning Board shall hold a public hearing prior to the approval of a Comprehensive Sketch Plan.
(2)
Prior to approving a Comprehensive Sketch Plan, the Planning Board shall find that:
1. (A)
  The proposed Comprehensive Sketch Plan is generally consistent with the approved Preliminary Development Plan;
2. (B)
  The proposed plan is in conformance with the purposes and other provisions of this Division;
3. (C)
  The proposed plan incorporates design and planning techniques that will make it compatible with existing and proposed development in the vicinity;
4. (D)
  The neighborhood center, if the subject application includes this element, is of sufficient size and proposes a mix of uses and a physical design that will create a distinct focal point for the community;
5. (E)
  The pedestrian system is convenient and is comprehensively planned to encourage pedestrian activity, especially in proximity to the neighborhood center;
6. (F)
  The overall design, mix of uses, and other improvements reflect a cohesive development of continuing quality and stability, while allowing for effective integration of subsequent phases;
7. (G)
  Transportation facilities which are existing, under construction, included in the adopted County Capital Improvement Program or current State Consolidated Transportation Program, or will be otherwise provided, will be adequate to carry anticipated traffic;
(3)
An approved Comprehensive Sketch Plan shall remain valid indefinitely.

(e)

Appeal.

(1)
The Planning Board's decision on a Comprehensive Sketch Plan may be appealed to the District Council upon petition by any person of record. The petition shall be filed with the Clerk of the Council within thirty (30) days after the date of the notice of the Planning Board's decision. The District Council may vote to review the Planning Board's decision on its own motion within thirty (30) days after the date of the notice.
(2)
The Clerk of the Council shall notify the Planning Board of any appeal or review decision. Within seven (7) calendar days after receiving this notice, the Planning Board shall transmit to the District Council a copy of the Comprehensive Sketch Plan, all written evidence and materials submitted for consideration by the Planning Board, a transcript of the public hearing on the Comprehensive Sketch Plan, and any additional information or explanatory material deemed appropriate.
(3)
The District Council shall schedule a public hearing on the appeal or review. Testimony at the hearing shall be limited to the facts and information contained within the record made at the hearing before the Planning Board. In addition, the Council may take judicial notice of any evidence contained in the record of any earlier phase of the approval process relating to all or a portion of the same property, including the approval of a preliminary plat of subdivision.
(4)
Within sixty (60) days after the close of the Council's hearing, the Council shall affirm, reverse, or modify the decision of the Planning Board, or return the Comprehensive Sketch Plan to the Planning Board to take further testimony or reconsider its decision. Where the Council approves a Comprehensive Sketch Plan, it shall make the same findings that are required to be made by the Planning Board. If the Council fails to act within sixty (60) days, the Planning Board's decision is automatically affirmed.
(5)
The Council shall give its decision in writing, stating the reasons for its action. Copies of the decision shall be sent to all persons of record and the Planning Board.

(f)

Amendments.

(1)
An amendment may be requested by the original applicant or such other person or entity designated by the original applicant.
(2)
All amendments of approved Comprehensive Sketch Plans shall be made in accordance with the provisions for initial approval.

(CB-63-1992; CB-47-1996; CB-99-1996; CB-13-1997; CB-1-2004; CB-42-2004; CB-28-2010; CB-34-2011)

Editor's note(s)—Section 3 of CB-28-2010 provides that a development project for which all required development applications have been approved by the Planning Board, Zoning Hearing Examiner, or District Council, and appeal periods have not expired as of September 1, 2010, is grandfathered; or a development project that has an approved preliminary plan of subdivision, but has not completed subsequent processes such as final plat or site plan as of September 1, 2010, is grandfathered for that portion of the project covered by the preliminary plan.

Section 3 of CB-34-2011 provides that a development project for which all required development applications have been approved by the Planning Board, Zoning Hearing Examiner, or District Council, notwithstanding any appeal period, is grandfathered regarding the provisions of CB-28-2010 that became effective on September 1, 2010, or any subsequent revisions in conformance with the grandfathered approval; or a development project that has an approved preliminary plan of subdivision, notwithstanding any further development review requirements including record plats is grandfathered regarding the provisions of CB-28-2010 that became effective on September 1, 2010, or any subsequent revisions in conformance with the grandfathered approval for that portion of the project covered by the preliminary plan.

Effective on: 1/1/1901

Sec. 27-546.06. Final Development Plan.

(a)

Filing.

(1)
The Final Development Plan may be filed with the Planning Board after the expiration of the appeal period following approval of the Comprehensive Sketch Plan, and must be filed concurrently with the preliminary plat of subdivision. The Final Development Plan may cover the entire area or any portion of the area included in the Comprehensive Sketch Plan.

(b)

Fees.

(1)
Upon filing a Final Development Plan, the applicant shall pay to the Planning Board a fee to help defray the costs related to processing the application. The scale of fees shall be determined by the Planning Board. A reduction in the fee may be permitted by the Planning Board, if it finds that payment will be an undue hardship upon the applicant.

(c)

Contents of the Final Development Plan.

(1)
The Final Development Plan shall consist of:
1. (A)
  A drawing or series of drawings, at an appropriate scale, of generally either one (1) inch equals two hundred (200) feet or one (1) inch equals one hundred (100) feet, setting forth the precise boundaries of the proposed land uses by courses and distances and the precise acreage of the proposed land uses;
2. (B)
  Text material (criteria) which shall be substantially in the form approved by the Planning Board as part of the Comprehensive Sketch Plan;
3. (C)
  The number of residential units proposed; and
4. (D)
  Supporting evidence which shows whether the proposed development will exceed the capacity of transportation facilities that are existing, under construction, or for which one hundred percent (100%) of construction funds are allocated within the adopted County Capital Improvement Program or within the current State Consolidated Transportation Program.

(d)

Planning Board action.

(1)
The Planning Board shall hold a public hearing prior to the approval of a Final Development Plan.
(2)
Prior to approving a Final Development Plan, the Planning Board shall make the following findings:
1. (A)
  The proposed plan generally conforms to the Comprehensive Sketch Plan;
2. (B)
  The overall design, mix of uses, and other improvements reflect a cohesive development of continuing quality and stability, while allowing for effective integration of subsequent phases;
3. (C)
  Transportation facilities (including streets and public transit), which are existing; which are under construction; or for which one hundred percent (100%) of the construction funds are allocated within the adopted County Capital Improvement Program, within the current State Consolidated Transportation Program, or will be otherwise provided, will be adequate to carry anticipated traffic.
(3)
An approved Final Development Plan shall remain valid indefinitely.

(e)

Appeal.

(1)
The Planning Board's decision on a Final Development Plan may be appealed to the District Council upon petition by any person of record. The petition shall be filed with the Clerk of the Council within thirty (30) days after the date of the notice of the Planning Board's decision. The District Council may vote to review the Planning Board's decision on its own motion within thirty (30) days after the date of the notice.
(2)
The Clerk of the Council shall notify the Planning Board of any appeal or review decision. Within seven (7) calendar days after receiving this notice, the Planning Board shall transmit to the District Council a copy of the Final Development Plan, all written evidence and materials submitted for consideration by the Planning Board, a transcript of the public hearing on the Final Development Plan, and any additional information or explanatory material deemed appropriate.
(3)
The District Council shall schedule a public hearing on the appeal or review. Testimony at the hearing shall be limited to the facts and information contained within the record made at the hearing before the Planning Board. In addition, the Council may take judicial notice of any evidence contained in the record of any earlier phase of the approval process relating to all or a portion of the same property, including the approval of a preliminary plat of subdivision.
(4)
Within sixty (60) days after the close of the Council's hearing, the Council shall affirm, re verse, or modify the decision of the Planning Board, or return the Final Development Plan to the Planning Board to take further testimony or reconsider its decision. Where the Council approves a Final Development Plan, it shall make the same findings that are required to be made by the Planning Board. If the Council fails to act within sixty (60) days, the Planning Board's decision is automatically affirmed.
(5)
The Council shall give its decision in writing, stating the reasons for its action. Copies of the decision shall be sent to all persons of record and the Planning Board.
(6)
Upon approval, the Final Development Plan shall be recorded among the Land Records of Prince George's County, and the provisions thereof as to land use shall bind the property covered thereby as provided herein with the full force and effect of specific Zoning Regulations. After such recordation, no new structure shall be built, no new addition to existing structures made, and no change in primary use effected different from that permitted in the Final Development Plan except by an amendment to the Final Development Plan.

(f)

Amendment of Final Development Plan.

(1)
An amendment may be requested by the original applicant or such other person or entity designated by the original applicant, and the proposed amendment shall be governed by all of the foregoing provisions relating to the approval of the Final Development Plan. Changes in accessory uses shall be allowed pursuant to applications for certificates of occupancy.
(2)
No amendment to a Final Development Plan shall affect any property subject to such Final Development Plan for which a building permit has been issued and upon which construction has commenced pursuant to the permit as of the effective date of such amendment. During the consideration of any such amendment, the Final Development Plan shall continue to be effective until amended in the manner described above.

(CB-63-1992; CB-47-1996; CB-99-1996; CB-13-1997; CB-1-2004; CB-42-2004)

Effective on: 1/1/1901

Sec. 27-546.07. Detailed Site Plan.

(a)

Following approval of the Final Development Plan, an applicant shall file a Detailed Site Plan covering the entire area or any portion of the area included in the Final Development Plan. The Detailed Site Plan shall include all uses and improvements within the area depicted, and shall be approved in accordance with PART 3, Division 9, of this Subtitle.

(b)

In addition to the information required by PART 3, Division 9, the following information shall be included on Plans in the M-X-C Zone:

(1)
The proposed drainage system;
(2)
Architectural plans, including floor plans of residential structures and exterior elevations of all structures; and
(3)
A drawing or drawings of all signs, either freestanding or otherwise, proposed to be erected on land or attached to buildings within the area covered by the Detailed Site Plan.

(c)

In addition to the findings required for the Planning Board to approve a Detailed Site Plan (PART 3, Division 9), the Planning Board shall also find:

(1)
The proposed development is in conformance with the purposes and other provisions of the M-X-C Zone;
(2)
The arrangement and design of buildings and other improvements and the mix of uses reflect a cohesive development capable of sustaining an independent environment of continuing quality and stability;
(3)
The pedestrian system is convenient and is comprehensively designed to encourage pedestrian activity within the development;
(4)
In areas of the development which are to be used for pedestrian activities or as gathering places for people, adequate attention has been paid to human scale, the quality of urban design, and other amenities, such as the types and textures of materials, landscaping and screening, street furniture, and lighting, both natural and artificial.
(5)
The Detailed Site Plan is in general conformance with the approved Final Development Plan. Where not defined in an approved Development Plan, the design standards of the zone most compatible with the M-X-C Zone shall be applicable.

(d)

An approved Detailed Site Plan in the M-X-C Zone shall remain valid for six (6) years.

(CB-63-1992)

Editor's note(s)—Section 1 of CB-7-2009 (DR-2) provides that the provisions for the running of validity periods contained in Sections 27-287, 27-527, 27-528, 27-546.07, and 27-548.08 of the Zoning Ordinance of the County Code, are hereby temporarily suspended until December 31, 2010.

Section 2 of CB-7-2009 (DR-2) provides that the suspension of the validity period for a given application shall only be applied if the application was in an active, current validity period as of January 1, 2009. This suspension shall not be applied to any whose validity period begins after the date of the adoption of this Ordinance.

Section 1 of CB-6-2010 provides that the provisions for the running of validity periods contained in Sections 27-287, 27-527, 27-528, 27-546.07, and 27-548.08 of the Zoning Ordinance of the County Code, are hereby temporarily suspended until December 31, 2011.

Section 2 of CB-6-2010 provides that the suspension of the validity period for a given application shall only be applied if the application was in an active, current validity period as of January 1, 2010. This suspension shall not be applied to any whose validity period begins after the date of the adoption of this Ordinance.

Section 1 of CB-7-2011 (DR-2) provides that the provisions for the running of validity periods contained in Sections 27-287, 27-527, 27-528, 27-546.07, and 27-548.08 of the Zoning Ordinance of the County Code, are hereby temporarily extended until December 31, 2012.

Section 2 of CB-7-2011 (DR-2) provides that the extension of the validity period for a given application shall only be applied if the application was in an active, current validity period as of January 1, 2011. This extension shall not be applied to any whose validity period begins after the date of the adoption of this Ordinance.

Section 3 of CB-7-2011 (DR-2) provides that the provisions of this Ordinance shall be abrogated and be of no further force and effect after December 31, 2012.

Section 1 of CB-67-2012 (DR-2) provides that the provisions for the running of validity periods contained in Sections 27-287, 27-527, 27-528, 27-546.07, and 27-548.08 of the Zoning Ordinance of the County Code, are hereby temporarily extended until December 31, 2013.

Section 2 of CB-67-2012 (DR-2) provides that the extension of the validity period for a given application shall only be applied if the application was in an active, current validity period as of January 1, 2012. This extension shall not be applied to any whose validity period begins after the date of the adoption of this Ordinance.

Section 3 of CB-67-2012 (DR-2) provides that the provisions of this Ordinance shall be abrogated and be of no further force and effect after December 31, 2013.

Section 1 of CB-71-2013 (DR-2) provides that the provisions for the running of validity periods contained in Sections 27-287, 27-527, 27-528, 27-546.07, and 27-548.08 of the Zoning Ordinance of the County Code, are hereby temporarily extended until December 31, 2015.

Section 2 of CB-71-2013 (DR-2) provides that the extension of the validity period for a given application shall only be applied if the application was in an active, current validity period as of January 1, 2013. This extension shall not be applied to any whose validity period begins after the date of the adoption of this Ordinance.

Section 3 of CB-71-2013 (DR-2) provides that the provisions of this Ordinance shall be abrogated and be of no further force and effect after December 31, 2015.

CB-71-2013 is an uncodified law enacted by the District Council to extend the validity periods of approved detailed site plan applications in a valid status as of January 1, 2013, until December 31, 2015. CB-75-2013 is a codified law providing a conditional or qualified extension process for certain detailed site plan validity periods. The enactment of a conditional extension process in CB-75-2013 does not invalidate or supplant the extension of validity periods by law for approved detailed site plan applications in a valid status as of January 1, 2013, by CB-71-2013. Thus, the applicability of CB-75-2013 to approved detailed site plan applications extended by way of CB-71-2013 is tolled until January 1, 2016.

For detailed site plan applications approved January 2, 2013, or later, the manner and terms for extensions of validity periods set forth in CB-75-2013 will apply to extensions of the validity periods articulated in PART 3, DIVISION 9 of the Zoning Ordinance.

CB-81-2015 is uncodified law enacted by the District Council effective from November 17, 2015, and provides as follows: Sections 1 and 2 of CB-81-2015 temporarily extend, until December 31, 2017, validity periods prescribed in Sections 27-287, 27-527, 27-528, 27-546.07, and 27-548.08 of the Zoning Ordinance for approved applications for Specific Design Plans and Detailed Site Plans, including Detailed Site Plans in the M-X-C and Transit District Overlay Zones, provided that the approved application was in a valid status on January 1, 2015. Section 3 of CB-81-2015 provides that the provisions of CB-81-2015 will automatically expire on December 31, 2017, while Section 5 calls for a work group to be established by the District Council to determine the viability of Detailed Site Plans and Specific Design Plans to proceed in the development process prior to December 17, 2017.

CB-97-2017 is uncodified law enacted by the District Council effective from November 7, 2017, and provides as follows: Sections 1 and 2 of CB-97-2017 temporarily extend, until December 31, 2018, validity periods prescribed in Sections 27-287, 27-527, 27-528, 27-546.07, and 27-548.08 of the Zoning Ordinance for approved applications for Specific Design Plans and Detailed Site Plans, including Detailed Site Plans in the M-X-C and Transit District Overlay Zones, provided that the approved application was in a valid status on January 1, 2017. Section 3 of CB-97-2017 provides that the provisions of CB-97-2017 will automatically expire on December 31, 2018.

CB-59-2018 is uncodified law enacted by the District Council effective from October 23, 2018, and provides as follows: Sections 1 and 2 of CB-59-2018 temporarily extend, until December 31, 2020, validity periods prescribed in Sections 27-287, 27-527, 27-528, 27-546.07, and 27-548.08 of the Zoning Ordinance for approved applications for Specific Design Plans and Detailed Site Plans, including Detailed Site Plans in the M-X-C and Transit District Overlay Zones, provided that the approved application was in a valid status on January 1, 2018. Section 3 of CB-59-2018 provides that the provisions of CB-59-2018 will automatically expire on December 31, 2020.

On November 17, 2020, the County Council sitting as the District Council enacted Chapter 55, 2020 Laws of Prince George's County, Maryland (CB-73-2020), concerning the time for expiration of certain approved applications in a valid status as of January 1, 2020. Accordingly, the provisions for the running of validity periods set forth in Sections 27-287, 27-527, 27-528, 27-546.07, and 27-548.08 of the Zoning Ordinance, being also Subtitle 27 of the Prince George's County Code, are hereby temporarily extended until December 31, 2021, for detailed site plans and specific design plans approved prior to January 1, 2015. The provisions for the running of validity periods set forth in Sections 27-287, 27-527, 27-528, 27-546.07, and 27-548.08 of the Zoning Ordinance are hereby temporarily extended until December 31, 2022, for detailed site plans and specific design plans approved after January 1, 2015. Chapter 55 became effective on the date of its adoption.

Effective on: 1/1/1901

Sec. 27-546.08. Order of approvals.

(a)

In the M-X-C Zone, the following order of approvals shall be observed:

(1)
Preliminary Development Plan;
(2)
Comprehensive Sketch Plan;
(3)
Preliminary Plat of Subdivision;
(4)
Final Development Plan (must be submitted concurrently with corresponding preliminary plat of subdivision);
(5)
Detailed Site Plan;
(6)
Final Plat of Subdivision (a final plat of subdivision for single-family lots or bulk parcels for Other Residential, Nonresidential, and Community Use parcels may be approved prior to a Detailed Site Plan, if the Technical Staff determines that the site plan approval will not affect final plat approval);
(7)
Grading, building, and use and occupancy permits (grading permits may only be approved prior to final plat of subdivision if the area to be graded is the subject of an approved Detailed Site Plan).

(CB-63-1992)

Effective on: 1/1/1901

Sec. 27-546.09. Purposes.

(a)

The specific purposes of the M-U-TC Zone are:

(1)
To create with the community a development framework that can capitalize on the existing fabric of the County's older commercial/mixed-use centers and corridors.
(2)
To promote reinvestment in, and the appropriate redevelopment of, older commercial areas, to create attractive and distinctive community centers for shopping, socializing, entertaining, living, and to promote economic vitality.
(3)
To promote the preservation and adaptive reuse of selected buildings in older commercial areas.
(4)
To ensure a mix of compatible uses which compliments concentrations of retail and service uses, including institutional uses, encourages pedestrian activity, and promotes shared parking.
(5)
To provide a mix of commercial and residential uses which establish a safe and vibrant twenty-four hour environment.
(6)
To establish a flexible regulatory framework, based upon community input, to encourage compatible development and redevelopment, including shared parking facilities, that will enhance the Town Center.
(7)
To preserve and promote those distinctive physical characteristics that are identified by the community as essential to the community's identity, including building character, special landmarks, small parks and other gathering places, and wide sidewalks.

(CB-2-1994)

Effective on: 1/1/1901

Sec. 27-546.10. Landscaping and Screening.

Landscaping and screening shall be provided in accordance with the approved Town Center Development Plan.

(CB-2-1994)

Effective on: 1/1/1901

Sec. 27-546.11. Uses.

The uses allowed in the M-U-TC Zone are as provided for in the Table of Uses (Division 3).

(CB-2-1994)

Effective on: 1/1/1901

Sec. 27-546.12. Regulations.

(a)

Except as indicated in Subsection (b) and (c), below, regulations concerning the location, size, and other provisions for all buildings and structures in the M-U-TC Zone are as provided in the approved Town Center Development Plan.

(b)

For property rezoned to the M-U-TC Zone through a zoning map amendment or primary amendment consisting of at least twenty (30) acres and proposing phased development, a Detailed Site Plan shall be approved for each phase of the development consistent with the most recently approved Development Plan and may be subject to District Council review in accordance with PART 3, Division 9, of this Subtitle. This requirement shall not apply to property that is publicly owned as of September 1, 2012.

(c)

Additional regulations are as provided for in General (PART 2).

(CB-2-1994; CB-75-2012)

Effective on: 1/1/1901

Sec. 27-546.13. Development Plan.

(a)

General.

(1)
The Development Plan will create a flexible framework for reviewing and approving future development in the M-U-TC Zone. The regulations and graphic representations embodied in the Plan should protect existing community characteristics that are critical to the conservation of the Town Center's character. The Development Standards and Guidelines adopted in the Plan are intended to be flexibly applied and broadly interpreted to promote local revitalization efforts.
(2)
The Development Plan shall consider the evolution of development regulations and the existing development character and create more appropriate standards and development guidelines that will encourage investment that supports the purposes of the zone.
(3)
Buildings legally existing at the time a rezoning to the M-U-TC Zone is approved are considered to be legally existing, and shall not be considered to be nonconforming. Any expansion or exterior alteration is subject to the Town Center Development Plan.
(4)
Any existing use which has a valid permit issued prior to the approval of a rezoning to the M-U-TC Zone shall be considered a permitted use, and shall not be considered nonconforming, provided the use has not changed to a different use since issuance of the permit. This provision shall apply only to the property which was the subject of the original permit.

(b)

The Town Center Development Plan shall include, at a minimum, the following:

(1)
A description of the area within the Town Center, including a location map showing the boundaries of the Zone (with north arrow and scale) and a description of the existing improvements within those boundaries;
(2)
Existing zoning and use of properties within and adjacent to the M-U-TC Zone;
(3)
Existing and proposed right-of-way widths of internal and adjoining streets;
(4)
An inventory of existing development characteristics, which may include the following:
1. (A)
  Building:
  1. (i)
    Height;
  2. (ii)
    Width;
  3. (iii)
    Setbacks;
  4. (iv)
    Roof shape;
  5. (v)
    Construction materials;
  6. (vi)
    Color;
  7. (vii)
    Distribution of windows/door openings;
  8. (viii)
    Architectural style, details, and ornamentations;
2. (B)
  Signs:
  1. (i)
    Number;
  2. (ii)
    Lighting;
  3. (iii)
    Location (building, roof, freestanding);
3. (C)
  Awnings and canopies:
  1. (i)
    Location;
  2. (ii)
    Width;
  3. (iii)
    Materials;
4. (D)
  Mechanical equipment:
  1. (i)
    Visibility from roads and adjacent properties;
5. (E)
  Parking/circulation:
  1. (i)
    View from the road;
  2. (ii)
    Paving materials and striping;
  3. (iii)
    Landscaping;
  4. (iv)
    Crosswalks;
  5. (v)
    Sidewalks;
  6. (vi)
    Pedestrian alleys;
6. (F)
  Streetscape:
  1. (i)
    Furniture;
  2. (ii)
    Landscaping;
  3. (iii)
    Signs;
  4. (iv)
    Monuments and art.
(5)
Development Standards and Guidelines shall be established to manage the physical development and use of land in the M-U-TC Zone. These Development Standards and Guidelines may include the following and any other elements deemed necessary:
1. (A)
  Setbacks;
2. (B)
  Proportion;
3. (C)
  Height;
4. (D)
  Roofs;
5. (E)
  Rear entrance;
6. (F)
  Awnings and canopies;
7. (G)
  Utility areas and mechanical equipment;
8. (H)
  Architectural detailing;
9. (I)
  Fenestration:
  1. (i)
    Façade openings;
  2. (ii)
    Windows;
  3. (iii)
    Blank walls;
10. (J)
  Materials;
11. (K)
  Color;
12. (L)
  Lighting;
13. (M)
  Sidewalks and pedestrian places.

(c)

The Development Plan shall include minimum and maximum Development Standards and Guidelines, as necessary, to regulate parking and loading schedules and design standards, sign design standards, and landscaping and screening standards.

(d)

The Development Plan shall contain both a written explanation and graphic representations of Development Standards and Guidelines, including a recitation of the specific activities constituting routine maintenance or repairs, as defined in Section 27-107.01(b)(204.1). For Development Plans approved prior to January 1, 2015, the definition set forth in Section 27-107.01(b)(204.1) shall apply, notwithstanding any provision set forth in the approved Development Plan, unless otherwise modified through approval of a secondary amendment in accordance with Section 27-546.14 of this Code.

(e)

The Development Plan may include specific findings and criteria for uses permitted as a Special Permit in the Use Table. Such findings shall generally be limited to site planning issues not otherwise found in the Development Plan.

(f)

The Development Plan may create a local design review committee to advise the Planning Board and District Council during review of Special Permits, Special Exceptions, site plans, and other proposals.

(g)

If a local design review committee is created, the Development Plan shall, at a minimum, define the committee membership, minimum and maximum review time frames, and the extent of the Committee's review responsibilities.

(CB-2-1994; CB-2-2015)

Effective on: 1/1/1901

Sec. 27-546.14. Amendments to Development Plan.

(a)

Primary amendments.

(1)
All primary amendments of approved Development Plans shall be made in accordance with the provisions for initial approval of the Plan.
(2)
Primary amendments are any changes to the boundary of the approved Development Plan.

(b)

Secondary amendments.

(1)
Secondary amendments are any amendments other than an amendment made pursuant to Section 27-546.14(a).
(2)
An application for an amendment of an approved Development Plan, other than an amendment pursuant to Subsection (a), may be submitted to the Planning Board by any owner (or authorized representative) of property within the M-U-TC Zone, a municipality within which the zone is located, the Planning Board, or the District Council and shall be processed in accordance with the following regulations.
(3)
Except for applications for secondary amendments initiated by the District Council, all applications shall be typed, except for signatures, submitted in triplicate, and shall include the following information:
1. (A)
  The name, address, and telephone number of the applicant, and an indication of the applicant's status as contract purchaser, agent, or owner;
2. (B)
  The street address of the property owned within the Development Plan; name of any municipality the property is in; name and number of the Election District the property is in;
3. (C)
  A statement enumerating each requested change and its effect upon the remainder of development in the approved Development Plan;
4. (D)
  The name, address, and signature of each owner of record of the property. Applications for property owned by a corporation shall be signed by an officer empowered to act for the corporation;
5. (E)
  The name, address, and telephone number of the correspondent;
6. (F)
  A statement of justification in support of the request. The statement shall set forth the legal basis by which the requested amendment can be approved, and a description of the existing components of the Development Plan and proposed changes thereto. This statement may be accompanied by three (3) copies of any material which (in the applicant's opinion) is necessary to clarify the typewritten statement. This additional material, if not foldable, shall be not larger than eighteen (18) by twenty-four (24) inches;
7. (G)
  The proposed amendment to be appended to or incorporated into the Development Plan;
8. (H)
  A signed certificate stating that the applicant, on or before the date of filing such application, sent by certified mail a copy of the application for an amendment and all accompanying documents to each municipality in which any portion of the property which is the subject of the application is located, and each municipality located within one (1) mile of the property which is the subject of the application. The certificate shall specifically identify each municipality to which the application was mailed and the date it was mailed.
(4)
Upon completing an application, the applicant shall pay to the Planning Board a fee to help defray the costs related to processing the application. A reduction in the fee may be permitted by the Planning Board if it finds that payment of the full amount will cause an undue hardship upon the applicant.
(5)
In addition to the filing fee, a fee of Thirty Dollars ($30.00) shall be paid for the posting of each public notice sign to be posted by the Planning Board. No part of a fee shall be refunded or waived, unless the Planning Board determines that one of the following applies:
1. (A)
  The fee was paid by mistake, and the applicant has requested (in writing) a refund.
2. (B)
  The application is withdrawn prior to posting the sign. In this case the entire sign posting fee shall be refunded.
(6)
The District Council may, by Resolution, initiate a secondary amendment to an approved Development Plan, including, but not limited to:
1. (A)
  An amendment proposal to repeal any requirement within the M-U-TC Development Plan, for an M-U-TC Zone within one-half mile of an existing Metro station, for review of development applications by a M-U-TC Design Review Committee; or
2. (B)
  An amendment proposal to incorporate a requirement within the M-U-TC Development Plan, for an M-U-TC Zone within one-half mile of an existing Metro station, to authorize, by motion, an election to review by the District Council as to any proposal for development within the respective M-U-TC Zone Development Plan.
(7)
The Planning Board shall review the requested secondary amendment for compliance with this Section and shall follow the same procedure required for the Conceptual Site Plan approval as found in Sections 27-276(a)(1), (3), (4), (5), (6); 27-276(c)(1), (2); and 27-276(d). Review by the District Council shall follow the procedures in Section 27-280.
(8)
The Planning Board may only approve a requested secondary amendment of a Development Plan if it makes the following findings:
1. (A)
  The requested secondary amendment is in compliance with the requirements for the approval of a Development Plan;
2. (B)
  The requested secondary amendment is in conformance with the purposes of the M-U-TC Zone;
3. (C)
  The original intent of the Development Plan element or mandatory requirement being amended is still fulfilled with the approval of the requested secondary amendment.
(9)
Where the District Council initiates a secondary amendment to a M-U-TC Development Plan, the District Council shall refer the secondary amendment to the Planning Board for comments on the secondary amendment, and the District Council shall conduct a public hearing on the Resolution.

(CB-2-1994; CB-92-2017)

Effective on: 1/1/1901

Sec. 27-546.15. Purposes.

(a)

The general purpose of the M-U-I Zone is to permit, where recommended in applicable plans or requested by a municipality or the Prince George's County Redevelopment Authority, a mix of residential and commercial uses as infill development in areas which are already substantially developed. The M-U-I Zone may be approved on properties which adjoin developed properties or otherwise meet plan recommendations and which have overlay zone regulations requiring site plan review, or on property owned by a municipality or the Prince George's County Redevelopment Authority, which requests the zone.

(b)

The specific purposes of the M-U-I Zone are:

(1)
To implement recommendations in approved Master Plans, Sector Plans, or other applicable plans by encouraging residential or commercial infill development in areas where most properties are already developed;
(2)
To simplify review procedures for residential, commercial, and mixed residential and commercial development in established communities;
(3)
To encourage innovation in the planning and design of infill development;
(4)
To allow flexibility in the process of reviewing infill development;
(5)
To promote smart growth principles by encouraging efficient use of land and public facilities and services;
(6)
To create community environments enhanced by a mix of residential, commercial, recreational, open space, employment, and institutional uses; and
(7)
To permit redevelopment, particularly in areas requiring revitalization, of property owned by a municipality or the Prince George's County Redevelopment Authority.

(CB-10-2001; CB-42-2003; CB-80-2005)

Effective on: 1/1/1901

Sec. 27-546.16. Approval of Zone.

(a)

The District Council may approve the M-U-I Zone in a Sectional Map Amendment, a T-D-O Zone map amendment, a D-D-O Zone map amendment, an individual map amendment requested by a municipality or the Prince George's County Redevelopment Authority, or an individual site plan case, subject to the provisions in this Subdivision.

(b)

The M-U-I Zone may be approved on property which has proposed development subject to site plan review and is in the Transit District Overlay Zone or the Development District Overlay Zone, or on property owned by a municipality or the Prince George's County Redevelopment Authority, which requests the zone.

(1)
Property in the T-D-O Zone may be reclassified from its underlying zone to the M-U-I Zone by an amendment to the Transit District Development Plan (TDDP). In the amendment process, the owner shall show that the proposed rezoning and development will meet TDDP goals and objectives and will be compatible with existing or approved future development on adjacent properties.
(2)
Property in the D-D-O Zone may be reclassified from its underlying zone to the M-U-I Zone through the property owner application process in Section 27-548.26(b). In the review process, the owner shall show that the proposed rezoning and development will be compatible with existing or approved future development on adjacent properties.
(3)
Property owned by a municipality or the Prince George's County Redevelopment Authority may be reclassified to the M-U-I Zone under the following procedures:
1. (A)
  As to notice and hearing procedures in general, the Planning Board and District Council shall follow the requirements in PART 3, Division 9, for site plan cases. The processing of applications filed by municipalities or the Prince George's County Redevelopment Authority shall be expedited, and the Planning Board must file its recommendation with the Council not later than fifty (50) days after the application of the municipality or the Prince George's County Redevelopment Authority is accepted for filing.
2. (B)
  The application by the municipality or the Prince George's County Redevelopment Authority shall include all materials required in PART 3, Division 9, for Conceptual Site Plan cases, with a statement which enumerates proposed uses on the site, demonstrates how the proposed mix of uses meets M-U-I Zone purposes, and shows how proposed development will promote redevelopment and revitalization in the vicinity of the property owned by the municipality or the Prince George's County Redevelopment Authority.
3. (C)
  A municipality or the Prince George's County Redevelopment Authority shall file its application with Planning Board staff, which after acceptance must prepare a report and recommendation. The Planning Board shall hold a public hearing on the application, prepare its recommendation, file its decision with the Clerk of the Council, and send copies to persons of record.
4. (D)
  Within thirty (30 )days of the mailing of the Planning Board decision, any person of record may file with the Clerk of the Council comments on the application or a request for oral argument, or both. Oral argument must be held prior to final action on the application, if ordered by the Council or requested by a person of record.
5. (E)
  Before taking final action, the Council may refer the case to the Zoning Hearing Examiner, for review of specific issues. The Examiner shall give priority in scheduling to all such cases. After hearing, the Examiner shall address and make recommended findings on the issues in the referral order and the standards given below. A person who was not a party of record when the Planning Board closed the record may become one after the referral to the Examiner.
6. (F)
  The District Council may take final action approving the application by the municipality or the Prince George's County Redevelopment Authority, for the M-U-I Zone, with or without conditions, if it finds that the mix of uses proposed in the application will meet the purposes of the M-U-I Zone and that the proposed development will be compatible with existing and approved future development on adjacent properties, will not be inconsistent with an applicable Master Plan or the General Plan, as amended will conform to the purposes and standards of an applicable TDOZ, DDOZ or M-U-TC Development District Plan, and will enhance redevelopment or revitalization in the vicinity of the property owned by the municipality or the Prince George's County Redevelopment Authority.

(c)

Unless requested by a municipality or the Prince George's County Redevelopment Authority, the M-U-I Zone may be approved only on property which adjoins existing developed properties for twenty percent (20%) or more of its boundaries, adjoins property in the M-U-I Zone, or is recommended for mixed-use infill development in an approved Master Plan, Sector Plan, or other applicable plan. Adjoining development may be residential, commercial, industrial, or institutional but must have a density of at least 3.5 units per acre for residential or a floor area ratio of at least 0.15 for nonresidential development.

(d)

If the M-U-I Zone is approved on property in a Sectional Map Amendment (SMA), permitted uses in existence at the time of SMA approval shall not be deemed nonconforming.

(CB-10-2001; CB-42-2003; CB-80-2005)

Effective on: 1/1/1901

Sec. 27-546.17. Uses.

(a)

All uses permitted by right or by Special Exception in the C-S-C Zone, as provided in Section 27-461(b), are permitted by right in the M-U-I Zone, except as follows:

(1)
For the uses in Section 27-461(b)(3), Miscellaneous, and 27-461(b)(6) Residential/Lodging, the uses allowed are those permitted in Section 27-441(b)(4), Miscellaneous, and (7), Residential/Lodging, for the R-18 Zone, except that hotel and motel uses are permitted as in the C-S-C zone.
(2)
Use restrictions may be imposed on a property when the M-U-I Zone is approved, whether the approval is in a Sectional Map Amendment, a T-D-O Zone map amendment, a D-D-O Zone map amendment, a case involving property owned by a municipality or the Prince George's County Redevelopment Authority, or an individual site plan case. Use restrictions in conditions imposed at rezoning may limit or prohibit uses otherwise allowed in the M-U-I Zone. If use restrictions are imposed in an individual map amendment or site plan case, the District Council and the owner shall follow the conditional zoning procedure in PART 3, Division 2.
(3)
Notwithstanding any other provision of this Subtitle to the contrary, a Medical Cannabis Dispensary use on property classified within the M-U-I Zone may be permitted, subject to Special Exception approval in accordance with PART 4 and Section 27-372.01 of this Subtitle, inclusive.

(b)

Residential and commercial uses may be placed with a horizontal or vertical mix on property in the M-U-I Zone, subject to approval of a Detailed Site Plan.

(CB-10-2001; CB-42-2003; CB-80-2005; CB-92-2015; CB-5-2016; CB-10-2018)

Editor's note(s)—Section 4 of CB-10-2018 (DR-3) provides that the provisions pertaining to Tourist Homes as Accessory Uses shall take effect on October 1, 2019.

Effective on: 1/1/1901

Sec. 27-546.18. Regulations.

(a)

Except as provided in Subsection (b), the regulations governing location, setbacks, size, height, lot size, density, and other dimensional requirements in the M-U-I Zone are as follows:

(1)
R-18 Zone regulations apply to all uses in Section 27-441(b)(3), Miscellaneous;
(2)
R-18 Zone regulations apply to all uses in Section 27-441(b)(6), Residential/Lodging, except hotels and motels;
(3)
C-S-C Zone regulations apply to hotels and motels and all other uses; and
(4)
Multifamily residential densities up to forty-eight (48) units per acre are permitted.

(b)

Where an owner proposes a mix of residential and commercial uses on a single lot or parcel in the M-U-I Zone, the site plan as approved shall set out the regulations to be followed. The approved regulations may reduce parking requirements by thirty percent (30%), where evidence shows that proposed parking will be adequate, notwithstanding provisions in PART 11.

(CB-10-2001; CB-42-2003)

Effective on: 1/1/1901

Sec. 27-546.19. Site Plans for Mixed Uses.

(a)

An owner proposing mixed residential and commercial development on the same lot or parcel in the M-U-I Zone may not obtain permits before a Detailed Site Plan is approved in accordance with this Section.

(b)

The owner shall file a Detailed Site Plan application which meets the requirements of PART 3, Division 9, and includes:

(1)
Architectural elevations;
(2)
A statement showing how the proposed uses on the subject property are compatible with one another; and
(3)
A statement showing how the proposed uses are compatible with existing or approved future uses on adjacent properties.

(c)

A Detailed Site Plan may not be approved unless the owner shows:

(1)
The site plan meets all approval requirements in PART 3, Division 9;
(2)
All proposed uses meet applicable development standards approved with the Master Plan, Sector Plan, Transit District Development Plan, or other applicable plan;
(3)
Proposed uses on the property will be compatible with one another;
(4)
Proposed uses will be compatible with existing or approved future development on adjacent properties and an applicable Transit or Development District; and
(5)
Compatibility standards and practices set forth below will be followed, or the owner shows why they should not be applied:
1. (A)
  Proposed buildings should be compatible in size, height, and massing to buildings on adjacent properties;
2. (B)
  Primary façades and entries should face adjacent streets or public walkways and be connected by on-site walkways, so pedestrians may avoid crossing parking lots and driveways;
3. (C)
  Site design should minimize glare, light, and other visual intrusions into and impacts on yards, open areas, and building façades on adjacent properties;
4. (D)
  Building materials and color should be similar to materials and color on adjacent properties and in the surrounding neighborhoods, or building design should incorporate scaling, architectural detailing, or similar techniques to enhance compatibility;
5. (E)
  Outdoor storage areas and mechanical equipment should be located and screened to minimize visibility from adjacent properties and public streets;
6. (F)
  Signs should conform to applicable Development District Standards or to those in PART 12, unless the owner shows that its proposed signage program meets goals and objectives in applicable plans; and
7. (G)
  The owner or operator should minimize adverse impacts on adjacent properties and the surrounding neighborhood by appropriate setting of:
  1. (i)
    Hours of operation or deliveries;
  2. (ii)
    Location of activities with potential adverse impacts;
  3. (iii)
    Location and use of trash receptacles;
  4. (iv)
    Location of loading and delivery spaces;
  5. (v)
    Light intensity and hours of illumination; and
  6. (vi)
    Location and use of outdoor vending machines.

(CB-10-2001; CB-42-2003)

Effective on: 1/1/1901

Sec. 27-546.20. Urban Centers and Corridor Nodes Development Code.

The purposes, regulations, uses, and procedures of the Urban Centers and Corridor Nodes Zones (UC) are specified in Subtitle 27A of the County Code.

(CB-2-2010)

Effective on: 1/1/1901

College Park City Zoning Code

PART 10

MIXED USE ZONES.

Sec. 27-541.02. Satellite dish antennas.

(a)

(b)

(c)

(d)

(e)

Satellite dish antennas may be located within any required green area or in any required landscaped area except along a street.

(CB-19-1985; CB-5-1991; CB-54-1991)

Effective on: 1/1/1901

Sec. 27-541.03. Car Sharing in Mixed Use Zones.

Location	The maximum number of parking spaces that may be reduced per each designated car-share
Buildings within ¼ mile of a Metro or Light Rail Station	8
Buildings within ½ mile from a Metro Station or Light Rail Station	6

(CB-51-2011)

Effective on: 1/1/1901

Sec. 27-547. Uses permitted.

(a)

No use shall be allowed in the Mixed Use Zones, except as provided for in the Table of Uses. In the table, the following applies:

(1)
The letter "P" indicates that the use is permitted in the zone indicated.
(2)
The letters "SE" indicate that the use is permitted, subject to the approval of a Special Exception in accordance with PART 4 of this Subtitle.
(3)
The letters "PA" indicate that the use is permitted, subject to the following:
1. (A)
  There shall be no entrances to the use directly from outside the building;
2. (B)
  No signs or other evidence indicating the existence of the use shall be visible from the outside of the building, other than a business identification sign lettered on a window. The sign shall not exceed six (6) square feet in area; and
3. (C)
  The use is secondary to the primary use of the building;
(4)
The letters "PB" indicate that the use is permitted, subject to the following:
1. (A)
  The use shall be related to, dependent on, and secondary to a principal use on the premises;
2. (B)
  The use shall be located on the same record lot as the principal use;
3. (C)
  The use shall not be located within a building not occupied by the principal use; and
4. (D)
  The floor area of any building (and the land area occupied by any structure other than a building) devoted to the use shall not exceed an area equal to forty-five percent (45%) of the gross floor area of the building within which the principal use is located.
(5)
The letters "SP" indicate that the use is permitted subject to the approval of a Special Permit, in accordance with Section 27-239.02.
(6)
The letter "X" or a blank (unless otherwise clear from the context) indicates that the use is prohibited.
(7)
All uses not listed are prohibited.
(8)
Whenever the table refers to an allowed use, that use is either permitted (P), permitted by Special Exception (SE), permitted by Special Permit (SP), or permitted as a (PA) or (PB) use, as accordingly listed in the zone in which it is allowed.

(CB-23-1988; CB-2-1994)

(b)
TABLE OF USES.

ZONE
USE	M-X-T	M-X-C
(1) COMMERCIAL:
All Types Offices and Research	P	P
Banks, savings and loan association, or other savings or lending institution	P	P
Bulk Retailing (CB-83-2006)	X⁹	X
Check Cashing Business (CB-23-2009)	SE¹¹	SE¹¹
Data processing facilities	P	P
Eating or Drinking Establishments	P	P
Offices (may include a private spa in a medical practitioner's office or medical clinic)	P	P
Research, development, and testing laboratory (may include testing facilities and equipment), medical or dental laboratory	P	P⁶
Services and Trade (Generally Retail):
Barber or beauty shop	P	P
Blue printing, photostating, or other photocopying establishment	P	P
Book (except adult book store), camera, gift, jewelry, music, souvenir, or other specialty store not specifically listed, excluding tobacco shops or electronic cigarette shops (CB-63-1992; CB-92-2015)	P	P
Buying of items within guest rooms or vehicles, pursuant to Section 27-115(a)(2)	X	X
Department store	P	X
Dry cleaning or laundry establishment	P	P
Drug paraphernalia display or sales, pursuant to Section 27-115(a)	X	X
Drug store	P	P
Food Halls (CB-70-2020)	P²¹	P²¹
Food or beverage store (CB-63-1992)	P	P
Gas station:
(A) With or without a service center for minor repairs (placed underground or in a wholly enclosed structure)	P	P
(B) With or without a service center, and may include a car wash (CB-63-1992)	X	P
Hardware store (CB-63-1992)	P	P
Hobby shop	P	P
Pet grooming establishment (CB-63-1992)	P	P
Pet (sales) shop, provided all animals are confined to the interior of the building and adequate measures are taken to control noise and odor (CB-63-1992)	P	P
Photographic supply store	P	P
Private Automobile and Other Motor Vehicle Auctions (CB-59-2010)	X¹²	X
Repair shops for small items (such as bicycles, watches, clothing, and shoes) (CB-63-1992)	P	P
Retail tobacco business (CB-15-2017)	SE	SE
Seafood market (CB-49-1987)	P	P
Seasonal decorations display and sales as a temporary use, in accordance with Sections 27-260 and 27-261	P	P
Studio for artistic practice	P	P
Tobacco shop or electronic cigarette shop (CB-92-2015)	SE	SE
Valet shop	P	P
Variety or dry goods store	P	X
Vehicle Parts Store including minor installation services with no outdoor storage in accordance with Section 27-548.01.05 (CB-16-2014)	P	X
Vehicle or camping trailer rental (CB-95-2017)	P²⁰	X
Veterinary clinic (CB-63-1992)	P	P
Waterfront Entertainment/Retail Complex (CB-44-1997)	P	X
(2) INDUSTRIAL:
Manufacturing, fabrication, assembly or repair of the following, from materials or parts previously produced elsewhere:
Artist's supplies and equipment	P	X
Business machines	P	X
Drafting supplies and equipment	P	X
Electrical and electronic equipment and component parts for radio, television, telephone, computer, and similar equipment	P	X
Flex Space (CB-28-2012; CB-085-2021)	P^{13, 22}	X
Jewelry and silverware	P	X
Musical instruments	P	X
Optical equipment and supplies	P	X
Photographic developing and processing establishment	P	X
Photographic equipment and supplies	P	X
Scientific and precision instruments, devices, and supplies	P	X
Small electrical household appliances (including televisions, but excluding refrigerators and the like)	P	X
Surgical, medical, and dental instruments, devices, and supplies	P	X
Toys, sporting and athletic equipment (excluding ammunition, firearms, and fireworks)	P	X
Warehouse and Distribution (CB-51-2021)	P²³	X
Watches, clocks, and similar timing devices	P	X
Wearing apparel	P	X
Where not otherwise specifically permitted, any use allowed in the I-1 Zone (excluding those permitted by Special Exception) (CB-6-2007)	P¹⁰	X
(3) INSTITUTIONAL/EDUCATIONAL:
Adult day care facility (CB-63-1992)	P	P
Assisted Living Facility:
(A) Subject to the requirements of Section 27-464.04(a)(1),and (2)(A), (C), (D), and (E)	P	P
(B) All others (CB-26-2002; CB-56-2014; CB-26-2015)	P^{14, 15, 16}	X
Church or similar place of worship, convent, or monastery (CB-23-1988)	P	P
Congregate Living Facility (CB-26-2015)	P	P
Day care center for children (CB-23-1988)	P	P
Eleemosynary or philanthropic institution (CB-99-2013)	P	P
Family day care	P	P
Hospital (CB-99-2013)	P	X
Modular classroom as a temporary use, in accordance with Sections 27-260 and 27-261 (CB-106-1989)	P	P
Nursing or Care Home (CB-26-2002; CB-26-2015)	P	P
School, private or public, all types (which may include private spas)	P	P
Small group child care center (CB-131-1993)	P	P
(4) MISCELLANEOUS:
Accessory structures and uses	P	P
Cemetery, accessory to a church, convent, or monastery⁵ (CB-11-1991)	P	P
Home occupations (except in multifamily dwellings)	P	P
Medical Cannabis Dispensary (CB-5-2016)	SE¹⁸	X
Metro Planned Community (CB-35-1998)	P	X
Mixed Use Planned Community; list of permitted uses is the same as in the M-X-T Zone (CB-13-2002)	P	X
Mobile home, with use for which amusement taxes collected²	P	X
Other uses of appropriate size, which can be justified as similar to one of the uses listed in this Section	P	P
Qualified data center in accordance with Section 27-548.01.07 (CB-1-2021)	P	X
Real estate subdivision sales office as a temporary use, in accordance with Sections 27-260 and 27-261	P	P
Regional Urban Community (CB-29-2008)	P	X
Signs, in accordance with PART 12	P	P
Temporary contractor's office (must include sanitary facilities), construction yard, construction shed, or storage building, in connection with a construction project on the same property; provided no item stored or assembled there is offered for sale at the location, and in accordance with Sections 27-260 and 27-261	P	P
(5) PUBLIC/QUASI PUBLIC:
Library	P	P
Post office	P	P
Public building and use, if not otherwise specified (CB-63-1992)	X	P
Sanitary Landfill or rubble fill (CB-63-1992)	X	X
Volunteer fire, ambulance, or rescue station¹	P	P
(6) RECREATIONAL/ENTERTAINMENT/SOCIAL/CULTURAL:
Community building	P	P
Convention center	P	X
Exhibition halls and facilities	P	X
Golf course or country club (CB-63-1992)	P	P
Indoor theater or recital hall	P	P
Marina:
(A) In accordance with Sections 27-371.01(a) and 27-548.01.01	P	SE
(B) All others (CB-72-1987; CB-34-1989)	SE	SE
Museum, art gallery, aquarium, cultural center, or similar facility (noncommercial)	P	P
Outdoor exhibition, displays, entertainment, or performance	P	P
Park, playground, or other outdoor recreational area	P	P
Private club or service organization	P	P
Recreational or entertainment establishment (commercial or noncommercial):
(A) In accordance with Section 27-548.01.04 (Recreational or Entertainment Establishment with Video Lottery Facility)	P	X
(B) All others (CB-6-2014)	P	P
Reducing/exercise salon or health club	P	P
Skating facility (CB-89-1994)	P	P
Spa, community	P	P
Spa, private	P	P
Spa, public, accessory to hotel, motel, reducing/exercise salon, health club, or swimming pool	P	P
Swimming pool (indoor or outdoor) commercial or noncommercial (CB-63-1992)	P	P
Tennis, basketball, handball, or similar court (indoor or outdoor) commercial or noncommercial (CB-63-1992)	P	P
(7) RESIDENTIAL/LODGING:
Country inn (CB-63-1992)	P	P
Dwellings, all types (except mobile homes) (CB-56-1996)	P⁷	P
Flag lot development, subject to the provisions of Section 24-138.01 of Subtitle 24 (CB-25-2002)	X	P
Group residential facility for up to 8 mentally handicapped dependent persons	P	P
Group residential facility (CB-19-2015)	P¹⁷	X
Hotel or motel	P	P
Residential Revitalization in accordance with Section 27-445.10 (CB-95-2016)	P¹⁹	X
Tourist home (CB-63-1992, CB-10-2018)	P	P
"Tourist Home" as an "Accessory Use" to a "Dwelling" in accordance with Section 27-548.01.06 (effective 10/1/2019) (CB-10-2018)	P	P
(8) TRANSPORTATION/PARKING/COMMUNICATIONS/UTILITIES:
Heliport	P	SE
Helistop (CB-63-1992)	P	SE
Parking lot or garage, or loading area, in accordance with PART 11	P	P
Parking of mobile home in public rights-of-way³	X	X
Parking of mobile home not otherwise provided for	X	X
Passenger transportation station or depot (such as rapid transit station, bus stop, taxi or auto rental stand)	P	P
Public utility use or structure:
(A) Railroad yard, round house, car barn, and freight station	X	X
(B) All others	P	P
Radio or television broadcasting studio	P	X
Satellite dish antenna, in accordance with Section 27-541.02:
(A) Up to 10 feet in diameter, to serve only 1 dwelling unit	P	X
(B) Over 10 feet in diameter, to serve only 1 dwelling unit	SE	X
(C) All others (CB-19-1985)	P	X
Storage of any motor vehicle which is wrecked, dismantled, or not currently licensed, except where specifically authorized⁴ (CB-4-1987)	X	X
Telegraph or messenger service	P	P
Tower, pole, or antenna (electronic, radio, or television, transmitting or receiving), except a public utility structure or a satellite dish antenna:⁸
(A) Maximum of 150 feet	P	P
(B) Exceeding 150 feet (CB-123-1994; CB-103-1997)	SE	SE

ZONE
USE	M-X-T	M-X-C
(1) COMMERCIAL:
All Types Offices and Research	P	P
Banks, savings and loan association, or other savings or lending institution	P	P
Bulk Retailing (CB-83-2006)	X⁹	X
Check Cashing Business (CB-23-2009)	SE¹¹	SE¹¹
Data processing facilities	P	P
Eating or Drinking Establishments	P	P
Offices (may include a private spa in a medical practitioner's office or medical clinic)	P	P
Research, development, and testing laboratory (may include testing facilities and equipment), medical or dental laboratory	P	P⁶
Services and Trade (Generally Retail):
Barber or beauty shop	P	P
Blue printing, photostating, or other photocopying establishment	P	P
Book (except adult book store), camera, gift, jewelry, music, souvenir, or other specialty store not specifically listed, excluding tobacco shops or electronic cigarette shops (CB-63-1992; CB-92-2015)	P	P
Buying of items within guest rooms or vehicles, pursuant to Section 27-115(a)(2)	X	X
Department store	P	X
Dry cleaning or laundry establishment	P	P
Drug paraphernalia display or sales, pursuant to Section 27-115(a)	X	X
Drug store	P	P
Food Halls (CB-70-2020)	P²¹	P²¹
Food or beverage store (CB-63-1992)	P	P
Gas station:
(A) With or without a service center for minor repairs (placed underground or in a wholly enclosed structure)	P	P
(B) With or without a service center, and may include a car wash (CB-63-1992)	X	P
Hardware store (CB-63-1992)	P	P
Hobby shop	P	P
Pet grooming establishment (CB-63-1992)	P	P
Pet (sales) shop, provided all animals are confined to the interior of the building and adequate measures are taken to control noise and odor (CB-63-1992)	P	P
Photographic supply store	P	P
Private Automobile and Other Motor Vehicle Auctions (CB-59-2010)	X¹²	X
Repair shops for small items (such as bicycles, watches, clothing, and shoes) (CB-63-1992)	P	P
Retail tobacco business (CB-15-2017)	SE	SE
Seafood market (CB-49-1987)	P	P
Seasonal decorations display and sales as a temporary use, in accordance with Sections 27-260 and 27-261	P	P
Studio for artistic practice	P	P
Tobacco shop or electronic cigarette shop (CB-92-2015)	SE	SE
Valet shop	P	P
Variety or dry goods store	P	X
Vehicle Parts Store including minor installation services with no outdoor storage in accordance with Section 27-548.01.05 (CB-16-2014)	P	X
Vehicle or camping trailer rental (CB-95-2017)	P²⁰	X
Veterinary clinic (CB-63-1992)	P	P
Waterfront Entertainment/Retail Complex (CB-44-1997)	P	X
(2) INDUSTRIAL:
Manufacturing, fabrication, assembly or repair of the following, from materials or parts previously produced elsewhere:
Artist's supplies and equipment	P	X
Business machines	P	X
Drafting supplies and equipment	P	X
Electrical and electronic equipment and component parts for radio, television, telephone, computer, and similar equipment	P	X
Flex Space (CB-28-2012; CB-085-2021)	P^{13, 22}	X
Jewelry and silverware	P	X
Musical instruments	P	X
Optical equipment and supplies	P	X
Photographic developing and processing establishment	P	X
Photographic equipment and supplies	P	X
Scientific and precision instruments, devices, and supplies	P	X
Small electrical household appliances (including televisions, but excluding refrigerators and the like)	P	X
Surgical, medical, and dental instruments, devices, and supplies	P	X
Toys, sporting and athletic equipment (excluding ammunition, firearms, and fireworks)	P	X
Warehouse and Distribution (CB-51-2021)	P²³	X
Watches, clocks, and similar timing devices	P	X
Wearing apparel	P	X
Where not otherwise specifically permitted, any use allowed in the I-1 Zone (excluding those permitted by Special Exception) (CB-6-2007)	P¹⁰	X
(3) INSTITUTIONAL/EDUCATIONAL:
Adult day care facility (CB-63-1992)	P	P
Assisted Living Facility:
(A) Subject to the requirements of Section 27-464.04(a)(1),and (2)(A), (C), (D), and (E)	P	P
(B) All others (CB-26-2002; CB-56-2014; CB-26-2015)	P^{14, 15, 16}	X
Church or similar place of worship, convent, or monastery (CB-23-1988)	P	P
Congregate Living Facility (CB-26-2015)	P	P
Day care center for children (CB-23-1988)	P	P
Eleemosynary or philanthropic institution (CB-99-2013)	P	P
Family day care	P	P
Hospital (CB-99-2013)	P	X
Modular classroom as a temporary use, in accordance with Sections 27-260 and 27-261 (CB-106-1989)	P	P
Nursing or Care Home (CB-26-2002; CB-26-2015)	P	P
School, private or public, all types (which may include private spas)	P	P
Small group child care center (CB-131-1993)	P	P
(4) MISCELLANEOUS:
Accessory structures and uses	P	P
Cemetery, accessory to a church, convent, or monastery⁵ (CB-11-1991)	P	P
Home occupations (except in multifamily dwellings)	P	P
Medical Cannabis Dispensary (CB-5-2016)	SE¹⁸	X
Metro Planned Community (CB-35-1998)	P	X
Mixed Use Planned Community; list of permitted uses is the same as in the M-X-T Zone (CB-13-2002)	P	X
Mobile home, with use for which amusement taxes collected²	P	X
Other uses of appropriate size, which can be justified as similar to one of the uses listed in this Section	P	P
Qualified data center in accordance with Section 27-548.01.07 (CB-1-2021)	P	X
Real estate subdivision sales office as a temporary use, in accordance with Sections 27-260 and 27-261	P	P
Regional Urban Community (CB-29-2008)	P	X
Signs, in accordance with PART 12	P	P
Temporary contractor's office (must include sanitary facilities), construction yard, construction shed, or storage building, in connection with a construction project on the same property; provided no item stored or assembled there is offered for sale at the location, and in accordance with Sections 27-260 and 27-261	P	P
(5) PUBLIC/QUASI PUBLIC:
Library	P	P
Post office	P	P
Public building and use, if not otherwise specified (CB-63-1992)	X	P
Sanitary Landfill or rubble fill (CB-63-1992)	X	X
Volunteer fire, ambulance, or rescue station¹	P	P
(6) RECREATIONAL/ENTERTAINMENT/SOCIAL/CULTURAL:
Community building	P	P
Convention center	P	X
Exhibition halls and facilities	P	X
Golf course or country club (CB-63-1992)	P	P
Indoor theater or recital hall	P	P
Marina:
(A) In accordance with Sections 27-371.01(a) and 27-548.01.01	P	SE
(B) All others (CB-72-1987; CB-34-1989)	SE	SE
Museum, art gallery, aquarium, cultural center, or similar facility (noncommercial)	P	P
Outdoor exhibition, displays, entertainment, or performance	P	P
Park, playground, or other outdoor recreational area	P	P
Private club or service organization	P	P
Recreational or entertainment establishment (commercial or noncommercial):
(A) In accordance with Section 27-548.01.04 (Recreational or Entertainment Establishment with Video Lottery Facility)	P	X
(B) All others (CB-6-2014)	P	P
Reducing/exercise salon or health club	P	P
Skating facility (CB-89-1994)	P	P
Spa, community	P	P
Spa, private	P	P
Spa, public, accessory to hotel, motel, reducing/exercise salon, health club, or swimming pool	P	P
Swimming pool (indoor or outdoor) commercial or noncommercial (CB-63-1992)	P	P
Tennis, basketball, handball, or similar court (indoor or outdoor) commercial or noncommercial (CB-63-1992)	P	P
(7) RESIDENTIAL/LODGING:
Country inn (CB-63-1992)	P	P
Dwellings, all types (except mobile homes) (CB-56-1996)	P⁷	P
Flag lot development, subject to the provisions of Section 24-138.01 of Subtitle 24 (CB-25-2002)	X	P
Group residential facility for up to 8 mentally handicapped dependent persons	P	P
Group residential facility (CB-19-2015)	P¹⁷	X
Hotel or motel	P	P
Residential Revitalization in accordance with Section 27-445.10 (CB-95-2016)	P¹⁹	X
Tourist home (CB-63-1992, CB-10-2018)	P	P
"Tourist Home" as an "Accessory Use" to a "Dwelling" in accordance with Section 27-548.01.06 (effective 10/1/2019) (CB-10-2018)	P	P
(8) TRANSPORTATION/PARKING/COMMUNICATIONS/UTILITIES:
Heliport	P	SE
Helistop (CB-63-1992)	P	SE
Parking lot or garage, or loading area, in accordance with PART 11	P	P
Parking of mobile home in public rights-of-way³	X	X
Parking of mobile home not otherwise provided for	X	X
Passenger transportation station or depot (such as rapid transit station, bus stop, taxi or auto rental stand)	P	P
Public utility use or structure:
(A) Railroad yard, round house, car barn, and freight station	X	X
(B) All others	P	P
Radio or television broadcasting studio	P	X
Satellite dish antenna, in accordance with Section 27-541.02:
(A) Up to 10 feet in diameter, to serve only 1 dwelling unit	P	X
(B) Over 10 feet in diameter, to serve only 1 dwelling unit	SE	X
(C) All others (CB-19-1985)	P	X
Storage of any motor vehicle which is wrecked, dismantled, or not currently licensed, except where specifically authorized⁴ (CB-4-1987)	X	X
Telegraph or messenger service	P	P
Tower, pole, or antenna (electronic, radio, or television, transmitting or receiving), except a public utility structure or a satellite dish antenna:⁸
(A) Maximum of 150 feet	P	P
(B) Exceeding 150 feet (CB-123-1994; CB-103-1997)	SE	SE

ZONE
USE	M-X-T	M-X-C
(1) COMMERCIAL:
All Types Offices and Research	P	P
Banks, savings and loan association, or other savings or lending institution	P	P
Bulk Retailing (CB-83-2006)	X⁹	X
Check Cashing Business (CB-23-2009)	SE¹¹	SE¹¹
Data processing facilities	P	P
Eating or Drinking Establishments	P	P
Offices (may include a private spa in a medical practitioner's office or medical clinic)	P	P
Research, development, and testing laboratory (may include testing facilities and equipment), medical or dental laboratory	P	P⁶
Services and Trade (Generally Retail):
Barber or beauty shop	P	P
Blue printing, photostating, or other photocopying establishment	P	P
Book (except adult book store), camera, gift, jewelry, music, souvenir, or other specialty store not specifically listed, excluding tobacco shops or electronic cigarette shops (CB-63-1992; CB-92-2015)	P	P
Buying of items within guest rooms or vehicles, pursuant to Section 27-115(a)(2)	X	X
Department store	P	X
Dry cleaning or laundry establishment	P	P
Drug paraphernalia display or sales, pursuant to Section 27-115(a)	X	X
Drug store	P	P
Food Halls (CB-70-2020)	P²¹	P²¹
Food or beverage store (CB-63-1992)	P	P
Gas station:
(A) With or without a service center for minor repairs (placed underground or in a wholly enclosed structure)	P	P
(B) With or without a service center, and may include a car wash (CB-63-1992)	X	P
Hardware store (CB-63-1992)	P	P
Hobby shop	P	P
Pet grooming establishment (CB-63-1992)	P	P
Pet (sales) shop, provided all animals are confined to the interior of the building and adequate measures are taken to control noise and odor (CB-63-1992)	P	P
Photographic supply store	P	P
Private Automobile and Other Motor Vehicle Auctions (CB-59-2010)	X¹²	X
Repair shops for small items (such as bicycles, watches, clothing, and shoes) (CB-63-1992)	P	P
Retail tobacco business (CB-15-2017)	SE	SE
Seafood market (CB-49-1987)	P	P
Seasonal decorations display and sales as a temporary use, in accordance with Sections 27-260 and 27-261	P	P
Studio for artistic practice	P	P
Tobacco shop or electronic cigarette shop (CB-92-2015)	SE	SE
Valet shop	P	P
Variety or dry goods store	P	X
Vehicle Parts Store including minor installation services with no outdoor storage in accordance with Section 27-548.01.05 (CB-16-2014)	P	X
Vehicle or camping trailer rental (CB-95-2017)	P²⁰	X
Veterinary clinic (CB-63-1992)	P	P
Waterfront Entertainment/Retail Complex (CB-44-1997)	P	X
(2) INDUSTRIAL:
Manufacturing, fabrication, assembly or repair of the following, from materials or parts previously produced elsewhere:
Artist's supplies and equipment	P	X
Business machines	P	X
Drafting supplies and equipment	P	X
Electrical and electronic equipment and component parts for radio, television, telephone, computer, and similar equipment	P	X
Flex Space (CB-28-2012; CB-085-2021)	P^{13, 22}	X
Jewelry and silverware	P	X
Musical instruments	P	X
Optical equipment and supplies	P	X
Photographic developing and processing establishment	P	X
Photographic equipment and supplies	P	X
Scientific and precision instruments, devices, and supplies	P	X
Small electrical household appliances (including televisions, but excluding refrigerators and the like)	P	X
Surgical, medical, and dental instruments, devices, and supplies	P	X
Toys, sporting and athletic equipment (excluding ammunition, firearms, and fireworks)	P	X
Warehouse and Distribution (CB-51-2021)	P²³	X
Watches, clocks, and similar timing devices	P	X
Wearing apparel	P	X
Where not otherwise specifically permitted, any use allowed in the I-1 Zone (excluding those permitted by Special Exception) (CB-6-2007)	P¹⁰	X
(3) INSTITUTIONAL/EDUCATIONAL:
Adult day care facility (CB-63-1992)	P	P
Assisted Living Facility:
(A) Subject to the requirements of Section 27-464.04(a)(1),and (2)(A), (C), (D), and (E)	P	P
(B) All others (CB-26-2002; CB-56-2014; CB-26-2015)	P^{14, 15, 16}	X
Church or similar place of worship, convent, or monastery (CB-23-1988)	P	P
Congregate Living Facility (CB-26-2015)	P	P
Day care center for children (CB-23-1988)	P	P
Eleemosynary or philanthropic institution (CB-99-2013)	P	P
Family day care	P	P
Hospital (CB-99-2013)	P	X
Modular classroom as a temporary use, in accordance with Sections 27-260 and 27-261 (CB-106-1989)	P	P
Nursing or Care Home (CB-26-2002; CB-26-2015)	P	P
School, private or public, all types (which may include private spas)	P	P
Small group child care center (CB-131-1993)	P	P
(4) MISCELLANEOUS:
Accessory structures and uses	P	P
Cemetery, accessory to a church, convent, or monastery⁵ (CB-11-1991)	P	P
Home occupations (except in multifamily dwellings)	P	P
Medical Cannabis Dispensary (CB-5-2016)	SE¹⁸	X
Metro Planned Community (CB-35-1998)	P	X
Mixed Use Planned Community; list of permitted uses is the same as in the M-X-T Zone (CB-13-2002)	P	X
Mobile home, with use for which amusement taxes collected²	P	X
Other uses of appropriate size, which can be justified as similar to one of the uses listed in this Section	P	P
Qualified data center in accordance with Section 27-548.01.07 (CB-1-2021)	P	X
Real estate subdivision sales office as a temporary use, in accordance with Sections 27-260 and 27-261	P	P
Regional Urban Community (CB-29-2008)	P	X
Signs, in accordance with PART 12	P	P
Temporary contractor's office (must include sanitary facilities), construction yard, construction shed, or storage building, in connection with a construction project on the same property; provided no item stored or assembled there is offered for sale at the location, and in accordance with Sections 27-260 and 27-261	P	P
(5) PUBLIC/QUASI PUBLIC:
Library	P	P
Post office	P	P
Public building and use, if not otherwise specified (CB-63-1992)	X	P
Sanitary Landfill or rubble fill (CB-63-1992)	X	X
Volunteer fire, ambulance, or rescue station¹	P	P
(6) RECREATIONAL/ENTERTAINMENT/SOCIAL/CULTURAL:
Community building	P	P
Convention center	P	X
Exhibition halls and facilities	P	X
Golf course or country club (CB-63-1992)	P	P
Indoor theater or recital hall	P	P
Marina:
(A) In accordance with Sections 27-371.01(a) and 27-548.01.01	P	SE
(B) All others (CB-72-1987; CB-34-1989)	SE	SE
Museum, art gallery, aquarium, cultural center, or similar facility (noncommercial)	P	P
Outdoor exhibition, displays, entertainment, or performance	P	P
Park, playground, or other outdoor recreational area	P	P
Private club or service organization	P	P
Recreational or entertainment establishment (commercial or noncommercial):
(A) In accordance with Section 27-548.01.04 (Recreational or Entertainment Establishment with Video Lottery Facility)	P	X
(B) All others (CB-6-2014)	P	P
Reducing/exercise salon or health club	P	P
Skating facility (CB-89-1994)	P	P
Spa, community	P	P
Spa, private	P	P
Spa, public, accessory to hotel, motel, reducing/exercise salon, health club, or swimming pool	P	P
Swimming pool (indoor or outdoor) commercial or noncommercial (CB-63-1992)	P	P
Tennis, basketball, handball, or similar court (indoor or outdoor) commercial or noncommercial (CB-63-1992)	P	P
(7) RESIDENTIAL/LODGING:
Country inn (CB-63-1992)	P	P
Dwellings, all types (except mobile homes) (CB-56-1996)	P⁷	P
Flag lot development, subject to the provisions of Section 24-138.01 of Subtitle 24 (CB-25-2002)	X	P
Group residential facility for up to 8 mentally handicapped dependent persons	P	P
Group residential facility (CB-19-2015)	P¹⁷	X
Hotel or motel	P	P
Residential Revitalization in accordance with Section 27-445.10 (CB-95-2016)	P¹⁹	X
Tourist home (CB-63-1992, CB-10-2018)	P	P
"Tourist Home" as an "Accessory Use" to a "Dwelling" in accordance with Section 27-548.01.06 (effective 10/1/2019) (CB-10-2018)	P	P
(8) TRANSPORTATION/PARKING/COMMUNICATIONS/UTILITIES:
Heliport	P	SE
Helistop (CB-63-1992)	P	SE
Parking lot or garage, or loading area, in accordance with PART 11	P	P
Parking of mobile home in public rights-of-way³	X	X
Parking of mobile home not otherwise provided for	X	X
Passenger transportation station or depot (such as rapid transit station, bus stop, taxi or auto rental stand)	P	P
Public utility use or structure:
(A) Railroad yard, round house, car barn, and freight station	X	X
(B) All others	P	P
Radio or television broadcasting studio	P	X
Satellite dish antenna, in accordance with Section 27-541.02:
(A) Up to 10 feet in diameter, to serve only 1 dwelling unit	P	X
(B) Over 10 feet in diameter, to serve only 1 dwelling unit	SE	X
(C) All others (CB-19-1985)	P	X
Storage of any motor vehicle which is wrecked, dismantled, or not currently licensed, except where specifically authorized⁴ (CB-4-1987)	X	X
Telegraph or messenger service	P	P
Tower, pole, or antenna (electronic, radio, or television, transmitting or receiving), except a public utility structure or a satellite dish antenna:⁸
(A) Maximum of 150 feet	P	P
(B) Exceeding 150 feet (CB-123-1994; CB-103-1997)	SE	SE

ZONE
USE	M-X-T	M-X-C
(1) COMMERCIAL:
All Types Offices and Research	P	P
Banks, savings and loan association, or other savings or lending institution	P	P
Bulk Retailing (CB-83-2006)	X⁹	X
Check Cashing Business (CB-23-2009)	SE¹¹	SE¹¹
Data processing facilities	P	P
Eating or Drinking Establishments	P	P
Offices (may include a private spa in a medical practitioner's office or medical clinic)	P	P
Research, development, and testing laboratory (may include testing facilities and equipment), medical or dental laboratory	P	P⁶
Services and Trade (Generally Retail):
Barber or beauty shop	P	P
Blue printing, photostating, or other photocopying establishment	P	P
Book (except adult book store), camera, gift, jewelry, music, souvenir, or other specialty store not specifically listed, excluding tobacco shops or electronic cigarette shops (CB-63-1992; CB-92-2015)	P	P
Buying of items within guest rooms or vehicles, pursuant to Section 27-115(a)(2)	X	X
Department store	P	X
Dry cleaning or laundry establishment	P	P
Drug paraphernalia display or sales, pursuant to Section 27-115(a)	X	X
Drug store	P	P
Food Halls (CB-70-2020)	P²¹	P²¹
Food or beverage store (CB-63-1992)	P	P
Gas station:
(A) With or without a service center for minor repairs (placed underground or in a wholly enclosed structure)	P	P
(B) With or without a service center, and may include a car wash (CB-63-1992)	X	P
Hardware store (CB-63-1992)	P	P
Hobby shop	P	P
Pet grooming establishment (CB-63-1992)	P	P
Pet (sales) shop, provided all animals are confined to the interior of the building and adequate measures are taken to control noise and odor (CB-63-1992)	P	P
Photographic supply store	P	P
Private Automobile and Other Motor Vehicle Auctions (CB-59-2010)	X¹²	X
Repair shops for small items (such as bicycles, watches, clothing, and shoes) (CB-63-1992)	P	P
Retail tobacco business (CB-15-2017)	SE	SE
Seafood market (CB-49-1987)	P	P
Seasonal decorations display and sales as a temporary use, in accordance with Sections 27-260 and 27-261	P	P
Studio for artistic practice	P	P
Tobacco shop or electronic cigarette shop (CB-92-2015)	SE	SE
Valet shop	P	P
Variety or dry goods store	P	X
Vehicle Parts Store including minor installation services with no outdoor storage in accordance with Section 27-548.01.05 (CB-16-2014)	P	X
Vehicle or camping trailer rental (CB-95-2017)	P²⁰	X
Veterinary clinic (CB-63-1992)	P	P
Waterfront Entertainment/Retail Complex (CB-44-1997)	P	X
(2) INDUSTRIAL:
Manufacturing, fabrication, assembly or repair of the following, from materials or parts previously produced elsewhere:
Artist's supplies and equipment	P	X
Business machines	P	X
Drafting supplies and equipment	P	X
Electrical and electronic equipment and component parts for radio, television, telephone, computer, and similar equipment	P	X
Flex Space (CB-28-2012; CB-085-2021)	P^{13, 22}	X
Jewelry and silverware	P	X
Musical instruments	P	X
Optical equipment and supplies	P	X
Photographic developing and processing establishment	P	X
Photographic equipment and supplies	P	X
Scientific and precision instruments, devices, and supplies	P	X
Small electrical household appliances (including televisions, but excluding refrigerators and the like)	P	X
Surgical, medical, and dental instruments, devices, and supplies	P	X
Toys, sporting and athletic equipment (excluding ammunition, firearms, and fireworks)	P	X
Warehouse and Distribution (CB-51-2021)	P²³	X
Watches, clocks, and similar timing devices	P	X
Wearing apparel	P	X
Where not otherwise specifically permitted, any use allowed in the I-1 Zone (excluding those permitted by Special Exception) (CB-6-2007)	P¹⁰	X
(3) INSTITUTIONAL/EDUCATIONAL:
Adult day care facility (CB-63-1992)	P	P
Assisted Living Facility:
(A) Subject to the requirements of Section 27-464.04(a)(1),and (2)(A), (C), (D), and (E)	P	P
(B) All others (CB-26-2002; CB-56-2014; CB-26-2015)	P^{14, 15, 16}	X
Church or similar place of worship, convent, or monastery (CB-23-1988)	P	P
Congregate Living Facility (CB-26-2015)	P	P
Day care center for children (CB-23-1988)	P	P
Eleemosynary or philanthropic institution (CB-99-2013)	P	P
Family day care	P	P
Hospital (CB-99-2013)	P	X
Modular classroom as a temporary use, in accordance with Sections 27-260 and 27-261 (CB-106-1989)	P	P
Nursing or Care Home (CB-26-2002; CB-26-2015)	P	P
School, private or public, all types (which may include private spas)	P	P
Small group child care center (CB-131-1993)	P	P
(4) MISCELLANEOUS:
Accessory structures and uses	P	P
Cemetery, accessory to a church, convent, or monastery⁵ (CB-11-1991)	P	P
Home occupations (except in multifamily dwellings)	P	P
Medical Cannabis Dispensary (CB-5-2016)	SE¹⁸	X
Metro Planned Community (CB-35-1998)	P	X
Mixed Use Planned Community; list of permitted uses is the same as in the M-X-T Zone (CB-13-2002)	P	X
Mobile home, with use for which amusement taxes collected²	P	X
Other uses of appropriate size, which can be justified as similar to one of the uses listed in this Section	P	P
Qualified data center in accordance with Section 27-548.01.07 (CB-1-2021)	P	X
Real estate subdivision sales office as a temporary use, in accordance with Sections 27-260 and 27-261	P	P
Regional Urban Community (CB-29-2008)	P	X
Signs, in accordance with PART 12	P	P
Temporary contractor's office (must include sanitary facilities), construction yard, construction shed, or storage building, in connection with a construction project on the same property; provided no item stored or assembled there is offered for sale at the location, and in accordance with Sections 27-260 and 27-261	P	P
(5) PUBLIC/QUASI PUBLIC:
Library	P	P
Post office	P	P
Public building and use, if not otherwise specified (CB-63-1992)	X	P
Sanitary Landfill or rubble fill (CB-63-1992)	X	X
Volunteer fire, ambulance, or rescue station¹	P	P
(6) RECREATIONAL/ENTERTAINMENT/SOCIAL/CULTURAL:
Community building	P	P
Convention center	P	X
Exhibition halls and facilities	P	X
Golf course or country club (CB-63-1992)	P	P
Indoor theater or recital hall	P	P
Marina:
(A) In accordance with Sections 27-371.01(a) and 27-548.01.01	P	SE
(B) All others (CB-72-1987; CB-34-1989)	SE	SE
Museum, art gallery, aquarium, cultural center, or similar facility (noncommercial)	P	P
Outdoor exhibition, displays, entertainment, or performance	P	P
Park, playground, or other outdoor recreational area	P	P
Private club or service organization	P	P
Recreational or entertainment establishment (commercial or noncommercial):
(A) In accordance with Section 27-548.01.04 (Recreational or Entertainment Establishment with Video Lottery Facility)	P	X
(B) All others (CB-6-2014)	P	P
Reducing/exercise salon or health club	P	P
Skating facility (CB-89-1994)	P	P
Spa, community	P	P
Spa, private	P	P
Spa, public, accessory to hotel, motel, reducing/exercise salon, health club, or swimming pool	P	P
Swimming pool (indoor or outdoor) commercial or noncommercial (CB-63-1992)	P	P
Tennis, basketball, handball, or similar court (indoor or outdoor) commercial or noncommercial (CB-63-1992)	P	P
(7) RESIDENTIAL/LODGING:
Country inn (CB-63-1992)	P	P
Dwellings, all types (except mobile homes) (CB-56-1996)	P⁷	P
Flag lot development, subject to the provisions of Section 24-138.01 of Subtitle 24 (CB-25-2002)	X	P
Group residential facility for up to 8 mentally handicapped dependent persons	P	P
Group residential facility (CB-19-2015)	P¹⁷	X
Hotel or motel	P	P
Residential Revitalization in accordance with Section 27-445.10 (CB-95-2016)	P¹⁹	X
Tourist home (CB-63-1992, CB-10-2018)	P	P
"Tourist Home" as an "Accessory Use" to a "Dwelling" in accordance with Section 27-548.01.06 (effective 10/1/2019) (CB-10-2018)	P	P
(8) TRANSPORTATION/PARKING/COMMUNICATIONS/UTILITIES:
Heliport	P	SE
Helistop (CB-63-1992)	P	SE
Parking lot or garage, or loading area, in accordance with PART 11	P	P
Parking of mobile home in public rights-of-way³	X	X
Parking of mobile home not otherwise provided for	X	X
Passenger transportation station or depot (such as rapid transit station, bus stop, taxi or auto rental stand)	P	P
Public utility use or structure:
(A) Railroad yard, round house, car barn, and freight station	X	X
(B) All others	P	P
Radio or television broadcasting studio	P	X
Satellite dish antenna, in accordance with Section 27-541.02:
(A) Up to 10 feet in diameter, to serve only 1 dwelling unit	P	X
(B) Over 10 feet in diameter, to serve only 1 dwelling unit	SE	X
(C) All others (CB-19-1985)	P	X
Storage of any motor vehicle which is wrecked, dismantled, or not currently licensed, except where specifically authorized⁴ (CB-4-1987)	X	X
Telegraph or messenger service	P	P
Tower, pole, or antenna (electronic, radio, or television, transmitting or receiving), except a public utility structure or a satellite dish antenna:⁸
(A) Maximum of 150 feet	P	P
(B) Exceeding 150 feet (CB-123-1994; CB-103-1997)	SE	SE

1	Provided the site is either:
	(A) In the proximity of an area designated as a fire or rescue station on an approved Functional Master Plan of Fire and Rescue Stations;
	(B) In a location which the Fire Chief has indicated (in writing) is appropriate; or
	(C) Is occupied by a station that was in use immediately prior to July 1, 1982.
	The following activities are considered to be ancillary uses permitted within the hall/assembly area of a voluntary fire, ambulance, or rescue station: bingo (with an approved license from the Department of Permitting, Inspections, and Enforcement), weddings, dinners, community events, organization functions, and private events (with no advance or at the door ticket sales).
	All events must comply with County or State regulations, and events requiring a specific license must obtain such license to be considered a permitted ancillary use. All events must be organized by the voluntary fire, ambulance, or rescue corporation or company and/or a community group from within the immediate vicinity of the station. For weddings, receptions, and dinners, the event may be organized by an individual in conjunction with the voluntary fire, ambulance, or rescue corporation or company and/or a community group within the immediate vicinity of the station. A permitted ancillary use does not include the leasing of the station facility for use by a promoter. Private events may not have advance or at the door ticket sales. All events must end by 10:00 p.m., Sunday through Thursday (except that bingo events must end by 11:00 p.m.), and by midnight on Friday and Saturday, with all patrons off the site within thirty (30) minutes after closing. (CB-70-2008; CB-29-2014)
2	Provided:
	(A) The mobile home is located on a lot having a net area of at least five (5) acres;
	(B) The use of the mobile home is in connection with another use on the property for which the County levies or collects an amusement tax.
	(C) The occupants of the mobile home are employed by, or reasonably connected with, the other use; and
	(D) The mobile home shall not be located on the property for more than one hundred twenty (120) cumulative days per calendar year, except mobile homes used in connection with pari-mutuel racetracks when the use shall not exceed two hundred eighteen (218) cumulative days per calendar year.
3	Except in an emergency. In this case the parking shall be subject to the traffic and parking regulations applicable to the right-of-way.
4	This shall not apply to:
	(A) Storage accessory (and related) to an allowed use; or
	(B) One (1) such vehicle stored in a wholly enclosed garage.
5	Provided both uses were existing as of January 1, 1991. (CB-11-1991)
6	Accessory uses such as light manufacturing, assembly service, repair, or warehousing associated with this use are permitted. (CB-63-1992)
7	The maximum number and type of dwelling units shall be determined at the time of the Conceptual Site Plan approval. (CB-56-1996; CB-40-2002; CB-78-2006; CB-27-2015)
8	Any related telecommunications equipment building shall be screened by means of landscaping or berming to one hundred percent (100%) opacity. (CB-103-1997)
9	Bulk retailing may be permitted as part of a Detailed Site Plan for a planned mixed use development which, at a minimum, includes other commercial retail uses (at least one (1) of which shall be a freestanding use consisting of a minimum of seventy-five thousand (75,000) square feet) as well as commercial office uses. (CB-83-2006)
10	Provided:
	(A) The property was rezoned from the I-1 Zone to the M-X-T Zone through a Sectional Map Amendment approved after January 1, 2007; and
	(B) All or part of the property is located within an airport noise zone subject to noise measuring a minimum of 70 dBA pursuant to an approved M-I-O (Military Installation Overlay) Zone. (CB-6-2007; CB-10-2019)
	Editor's Notes: Pursuant to Section 2 of CB-5-2010, this Ordinance shall be abrogated and no longer effective after July 9, 2012, at which time, the use(s) then located on the property or for which permits were issued pursuant to this Ordinance shall be deemed nonconforming. Pursuant to CR-54-2012, the provisions of Section 2 of Chapter No. 4 of the 2010 Laws of Prince George's County, Maryland, shall remain in full force and effect, subject to the requirements specified in Section 27-547(b) until July 1, 2013. Pursuant to Section 2 of CB-61-2012, this Ordinance shall be abrogated and no longer effective after July 1, 2013, at which time the use(s) then located on the property or for which permits were issued pursuant to this Ordinance shall be deemed nonconforming in accordance with PART 3, Division 6 of this Subtitle. CR-67-2013 provides that the provisions of CB-61-2012 amending Section 2 of Chapter No. 4 of the 2010 Laws of Prince George's County, Maryland, shall remain in full force and effect, subject to the requirements specified in Section 27-547(b) until July 1, 2014. Pursuant to Section 2 of CB-61-2013, this Ordinance shall be abrogated and no longer effective after July 1, 2015, at which time the use(s) then located on the property or for which permits were issued pursuant to this Ordinance shall be deemed nonconforming in accordance with PART 3, Division 6 of this Subtitle. CR-38-2015 provides that the provisions of Chapter 50, 2013 Laws of Prince George's County, Maryland (CB-61-2013), shall remain in full force and effect, subject to the requirements specified in Section 27-547(b) of this Subtitle, until July 1, 2016. Pursuant to Section 2 of CB-48-2015, this Ordinance shall be abrogated and no longer effective after July 1, 2016, at which time the use(s) then located on the property or for which permits were issued pursuant to this Ordinance shall be deemed nonconforming in accordance with PART 3, Division 6 of this Subtitle. CR-53-2016 provides that the provisions of Chapter 33, 2015 Laws of Prince George's County, Maryland (CB-48-2015), shall remain in full force and effect, subject to the requirements specified in Section 27-547(b) of this Subtitle, until July 1, 2018. Pursuant to Section 2 of CB-53-2016, this Ordinance shall be abrogated and no longer effective after July 1, 2018, at which time the use(s) then located on the property or for which permits were issued pursuant to this Ordinance shall be deemed nonconforming in accordance with PART 3, Division 6 of this Subtitle. CR-46-2018 provides that the provisions of Chapter 42, 2016 Laws of Prince George's County, Maryland (CB-53-2016), shall remain in full force and effect, subject to the requirements set forth in Section 27-547(b), until July 1, 2019. Pursuant to Section 2 of CB-49-2018, this Ordinance shall be abrogated and no longer effective after July 1, 2019, at which time the use(s) then located on the property or for which permits were issued pursuant to this Ordinance shall be deemed nonconforming in accordance with PART 3, Division 6 of this Subtitle. On June 18, 2019, the Council voted to enact CB-010-2019, being an Ordinance concerning the M-X-T Zone, to repeal an uncodified provision of law as to the expiration of the limited basis to permit industrial uses on land with a zoning classification in the M-X-T Zone. By way of that legislative action, the provisions of Chapter 15, 2018 Laws of Prince George's County, Maryland, was repealed, thereby deeming such limited industrial uses in the M-X-T Zone as permitted uses. CB-010-2019 is effective from August 5, 2019.
11	Businesses with a valid state license for check cashing issued prior to September 1, 2009 may continue as a matter of right and shall not be deemed nonconforming, regardless of a change in tenancy or ownership of the check cashing business. (CB-23-2009; CB-106-2012)
12	Any private automobile and other motor vehicle auction operating in the M-X-T Zone prior to January 1, 2011, shall have until January 1, 2013, to cease all auction operations on the property. (CB-59-2010)
13	Provided the property was rezoned from the E-I-A Zone to the M-X-T Zone through a Sectional Map Amendment approved between January 1, 2006 and July 1, 2012. (CB-28-2012)
14	Provided the property was rezoned from the E-I-A Zone to the M-X-T Zone through a Sectional Map Amendment approved between January 1, 2006 and July 1, 2012. Permitted subject to the guidelines for development set forth in Section 27-464.04(a)(1)(A)(i) through (v), and the requirements set forth in 27-464.04(a)(2)(A) and (E). The facility shall not be more than six (6) stories in height and may be placed above podium parking. (CB-56-2014)
15	Subject to Detailed Site Plan approval pursuant to PART 3, Division 9 of this Code. Notwithstanding any other provision of this Code, a Conceptual Site Plan shall not be required and any previously approved Conceptual Site Plan shall not be of any force or effect where the subject property on which the use is located was rezoned from the E-I-A Zone to the M-X-T Zone through a Sectional Map Amendment approved between January 1, 2006 and July 1, 2012. (CB-56-2014)
16	An assisted living facility located on property rezoned from the E-I-A Zone to the M-X-T Zone through a Sectional Map Amendment approved between January 1, 2006 and July 1, 2012 may also include semi-independent living units which may include permanent provisions for living, sleeping, eating, cooking and sanitation. (CB-56-2014)
17	Provided the site had a validly issued use and occupancy permit for a rehabilitation center or similar use prior to 1985 and was rezoned from the R-A Zone to the M-X-T Zone through a Sectional Map Amendment approved after October 1, 2006, and for which a comprehensive land use planning study was conducted by Technical Staff prior to initiation. (CB-19-2015; CB-66-2015; CB-107-2015)
18	Subject to conformance with Section 27-372.01 of this Subtitle. (CB-5-2016)
19	Dwelling units, or property on which they formerly existed, as described in (a)(1) of Section 27-445.01 of this Subtitle, may be replaced by proposed multifamily, attached one-family or two-family, or detached one-family dwelling units in a Residential Revitalization project. (CB-95-2016)
20	Provided that the use:
	(a) Is located on land included within an approved Conceptual Site Plan with a minimum of 20 acres;
	(b) Is located between the Capital Beltway (I-495) and the boundary of the District of Columbia; and
	(c) The gross weight of trucks shall not exceed twenty thousand (20,000) pounds each. (CB-95-2017)
21	If the use conducts business outdoors, said use shall comply with the life safety requirements of Section 27-261(j)(11)-(12) of this Subtitle. (CB-70-2020)
22	Notwithstanding any other provision of this Part, flex space is a permitted use, provided:
	(A) The property was rezoned from the I-1 Zone to the M-X-T Zone through a Sectional Map Amendment approved after January 1, 2007; and
	(B) All or part of the property has frontage on a roadway with a functional classification as a freeway pursuant to the 2009 Approved Countywide Master Plan of Transportation or any successor plans. (CB-085-2021
23	(a) Provided the proposed Detailed Site Plan application property is at least 100 acres and is part of a previously approved Detailed Site Plan with residential and commercial development. The new Detailed Site Plan shall amend the previously approved Conceptual Site Plan for all uses pursuant to Section 27-282(g) of the Zoning Ordinance;
	(b) Industrial uses may not exceed 60% of the gross acreage of the land shown on the proposed Detailed Site Plan; and
	(c) Industrial development must be separated from any existing or proposed residential development by a minimum of 75 feet. (CB-51-2021)

ZONE
USE	M-U-TC
(1) COMMERCIAL:
(A) Eating or Drinking Establishments:
Drive-in restaurant	SE
Fast-food restaurant:
(i) Within a wholly enclosed shopping mall, or department, variety, or drug store	P
(ii) Within an office building	P
(iii) Within a hotel	P
(iv) All others	SE
Other than a drive-in or fast-food restaurant (which may include incidental carry out service, except where specifically prohibited):
(i) Without entertainment (of any sort) other than music, and no patron dancing	P
(ii) Within an office building	P
(iii) Accessory to an allowed use	P
(iv) All others	SE
(A) Vehicle, Mobile Home, Camping Trailer, and Boat Sales and Service:
Gas station	SE
Incidental automobile service in a parking garage	SE
Vehicle lubrication or tune-up facility, provided all sales and installation operations are conducted in a wholly enclosed building with no outdoor storage	SE
Vehicle, mobile home, or camping trailer sales lot, which may include dealer servicing and outdoor storage of vehicles awaiting sale; but shall exclude the storage or sale of wrecked or inoperable vehicles, except as accessory to the dealership for vehicles which the dealership will repair² (CB-26-2002)	SE
Vehicle, boat, or camping trailer rental:
(i) If existing prior to the adoption date of the M-U-TC Zone	SP
(ii) All others	SE
Vehicle parts or tire store including installation facilities, provided all sales and installation operations are conducted in a wholly enclosed building with no outdoor storage	SE
Vehicle parts or tire store without installation facilities	P
(A) Offices:
Bank, savings and loan association, or other savings or lending institution:
(i) Automatic teller machine, only	SP
(ii) All others	P
Check cashing business (CB-23-2009)	SE⁴
Office accessory to an allowed use	P
Office of a medical practitioner or medical clinic (which may include an accessory private spa)	P
Office, except as otherwise provided	P
(A) Services:
Animal hospital, animal training, kennel	SE
Artist's studio	P
Barber or beauty shop	P
Bicycle repair shop:
(i) Nonmotorized only	P
(ii) All others	SE
Blacksmith shop	P
Blueprinting, photostating, or other photocopy establishment	P
Catering establishment:
(i) Accessory to an allowed use	P
(ii) With a retail component	P
(iii) All others	SE
Data processing	P
Dry cleaning or laundry pickup station	P
Dry cleaning store or plant:
(i) Retail	P
(ii) Wholesale (may include retail service)	X
Electric or gas appliances, radio, or television repair shop	P
Employment agency	P
Fortune telling	SE
Funeral parlor, undertaking establishment	SP
Household appliance or furniture repair shop	P
Key or locksmith shop	P
Laboratory	P
Laundromat	SP
Laundry store or plant:
(i) Retail	P
(ii) Wholesale (may include retail service)	X
Lawn mower repair shop, provided all repairs are performed within a wholly enclosed building	SP
Machine shop accessory to an allowed use	SP¹
Massage establishment	SE
Newspaper publishing establishment	SE
Pet grooming shop, provided all animals are confined to the interior of the building and adequate measures are taken to control noise and odor	P
Photography studio or darkroom	P
Pizza delivery service, limited to off-premises delivery with no eat-in, drive-in, or carry-out service	P
Printing shop:
(i) Less than 2,000 square feet	P
(ii) 2,000 square feet or greater	SP
Sauna or steam bath	PB
Shoe repair shop	P
Tailor or dressmaking shop (may include incidental dyeing and pressing allowed as a "PB" use)	P
Travel bureau	P
Upholstery shop	P
Veterinarian's office:
(i) Outpatient	P
(ii) Inpatient	PB
Watch or jewelry repair shop	P
(A) Trade (Generally Retail):
Arts, crafts, and hobby supply store	P
Bakery products, wholesale (must include retail sales)	P
Bicycle (sales) shop:
(i) Nonmotorized, only	P
(ii) All others	SE
Book (except adult book store), camera, gift, jewelry, music, or souvenir, or other specialty store not specifically listed, excluding tobacco or electronic cigarette shops (CB-92-2015)	P⁵
Bottled gas sales:
(i) Accessory to an allowed use	P
(ii) All others	SE
Building supply store:
(i) Wholly enclosed, except for nursery stock	P
(ii) With outdoor storage on not more than 50% of the lot, provided it is enclosed by a slightly opaque wall or fence at least 8 feet high	SE
Bulk retailing of products allowed to be sold in a M-U-TC Zone	P
Carpet or floor covering store	P
Clothing, dry goods, millinery, or shoe store	P
Confectioner:
(i) Retail	P
(ii) Wholesale	PB
Department or variety store	P
Drug store	P
Florist shop	P
Food or beverage goods preparation on the premises of a food or beverage store for retail or wholesale sales	PB
Food or beverage store, excluding liquor stores	P
Garden supplies store, floricultural or horticultural nursery, which may include the outdoor display of nursery stock, such as plants, shrubbery, and trees:
(i) Less than 3,000 square feet	SP
(ii) 3,000 square feet or greater	SE
Hardware store	P
Household appliance or furniture store	P
Lawn mower (sales) store	P
Liquor stores	SP
Newspaper or magazine shop (CB-92-2015)	P
Nursery and garden center, which may include the outdoor display of nursery stock, such as plants, shrubbery, and trees:
(i) Less than 3,000 square feet	SP
(ii) 3,000 square feet or greater	SE
Outdoor display of merchandise for sale (except as otherwise specified) and excluding merchandise displayed on gasoline pump islands associated with gas stations which is allowed:
(i) Not more than 6 feet from main building (subject to Section 27-388)	P
(ii) More than 6 feet from main buildings (subject to Section 27-388)	SE
Paint or wall covering store	P
Pet (sales) shop, provided all animals are confined to the interior of the building and adequate measures are taken to control noise and odor; may include the sale of pet feed and supplies	P
Retail shop or store (not listed) similar to one permitted (P)	P
Seafood market	P
Seasonal decorations display and sales as a temporary use, in accordance with Sections 27-260 and 27-261	P
Sporting goods shop, which may include marine equipment and supplies	P
Stationery or office supply store which may include the sale of furniture or business machines	P
Swimming pool or spa sales and service (excluding outdoor display)	P
Toy store	P
Video game or tape store	P
(2) INSTITUTIONAL/EDUCATIONAL:
Adult day care center	SP
Church or similar place of worship, convent, or monastery	SP
Day care center for children:
(A) In accordance with Section 27-464.02(a)(1)(A)	P
(B) All others	SP
Hospital (may include a private spa)	SE
Nursing or care home (may include a private spa)	SE
School, Private:
(A) Driving school, automobile only	P
(B) For artistic instruction (including a studio)	P
(C) Of business or trade, where the business or trade is permitted (P) in the respective zone	P
(D) Of business or trade, where the business or trade is permitted by Special Exception (SE) in the respective zone	SE
(E) Tutoring establishment	P
(F) Private schools, subject to Section 27-463	P
(G) All others	SE
(3) MISCELLANEOUS:
Accessory structures and uses, except as otherwise provided	P
Adaptive reuse of a surplus public school, when not otherwise allowed	SE
Adaptive use of a Historic Site, when not otherwise allowed	SE
Auction house	SP
Carpentry, cabinet making, or other woodworking shop:
(A) Accessory to an allowed use	P
(B) All others	SP
Cemetery or crematory:
(A) Cemetery, accessory to a church, convent, or monastery	SP
(B) All others	X
Contractor's office (general) as a permanent use, including the businesses of siding, flooring, roofing, plumbing, air conditioning, heating, painting, carpentry, electrical work, landscaping, and the like, with buildings and uses accessory to the business (as well as the office) use:
(A) With no outdoor storage of materials or equipment	P
(B) With outdoor storage of materials, located only in a side or rear yard; enclosed by a sightly, opaque wall or fence at least 8 feet high; with no storing of material higher than the fence; but excluding the use or outdoor storage of earthmoving or other heavy equipment, or outdoor storage of machinery	X
(C) Including the fabrication (only within a wholly enclosed building) of plumbing, air conditioning, heating, carpentry and lighting (and the like) parts for installation off the site	X
Contractor's office (must include sanitary facilities, construction yard or shed, or storage building (in connection with a construction project) as a temporary use:
(A) In accordance with Sections 27-260 and 27-261	P
(B) All others	X
Medical Cannabis Dispensary (CB-5-2016)	X
Rental of any merchandise allowed to be sold in the zone:
(A) If the merchandise sold is permitted by SP	SP
(B) If the merchandise sold is permitted by SE	SE
(C) If the merchandise sold is permitted by right	P
Sign, in accordance with an approved Development Plan	P
Storage, wholly enclosed, accessory to an allowed use	P
Wholesaling of products incidental to the retail sales of the products on the premises	PB
(4) PUBLIC/QUASI PUBLIC:
Community building, except as otherwise provided	P
Library, private	P
Post Office	P
Public building and use, except as otherwise prohibited	P
Voluntary fire, ambulance, or rescue station³ (CB-70-2008)	P
(5) RECREATIONAL/ENTERTAINMENT/SOCIAL/CULTURAL:
Amusement arcade	SE
Archery or baseball batting range	SP
Auditorium	P
Billiard or pool parlor	SE
Bowling alley	SE
Carnival, circus, fair or similar use, not exceeding seventeen (17) days duration and located at least 250 feet from any dwelling, as a temporary use in accordance with Sections 27-260 and 27-261	SP
Club or lodge (private, nonprofit) except as otherwise provided	SP
Employees' recreational facilities (private, nonprofit) accessory to an allowed use	P
Miniature golf course	SP
Museum, aquarium, art gallery, cultural center, or similar facility	P
Park or playground	P
Performance arts center, in accordance with Section 27-548.01.03 (CB-12-2001)	SP
Recreational or entertainment establishment of a commercial nature, if not otherwise specified	SE
Reducing/exercise salon or health club	P
Rifle, pistol, or skeet shooting range:
(A) Indoor	SE
(B) Outdoor	X
Skating rink	SP
Spa (community)	PB
Spa (private), accessory to an allowed dwelling unit	P
Spa (public):
(A) Accessory to a hotel or motel	P
(B) Accessory to a reducing/exercise salon or health club	PB
(C) Accessory to a commercial swimming pool	PB
(D) Unrestricted	SE
Swimming pool:
(A) Accessory to a hotel or motel	P
(B) Community	SP
(C) Indoor	SP
(D) Private, accessory to an allowed one-family detached dwelling	P
(E) All others	SE
Tennis, basketball, handball, or similar court:
(A) Indoor (within a permanent wholly enclosed building)	P
(B) Outdoor	SP
(C) With a temporary removable cover (bubble)	SP
Theatre:
(A) Indoor	P
(B) Outdoor	SE
(C) Drive-in	X
(6) RESIDENTIAL/LODGING:
Apartment housing for the elderly or physically handicapped	SP
Artists' residential studios, in accordance with Section 27-548.01.03 (CB-12-2001)	SP
Country inn	SP
Dwelling, provided that it was legally erected prior to the date upon which the property was classified in the M-U-TC Zone, or was legally erected in the M-U-TC Zone under prior regulations	P
Dwelling unit:
(A) Within a building containing commercial uses on the first floor	P
(B) All others	SP
Hotel or motel	SE
Tourist Home	SP
(7) TRANSPORTATION/PARKING/COMMUNICATIONS/UTILITIES:
Helistop	SE
Broadcasting studio (without tower)	P
Bus station or terminal	SE
Parking garage, commercial	SP
Parking lot, commercial:
(A) With shuttle service to Metro, MARC, or similar mass transit service	SP
(B) All others	SE
Parking of vehicles accessory to an allowed use	P
Public utility use or structure	P
Satellite dish antenna, in accordance with Section 27-541.02:
(A) Up to 10 feet in diameter, to serve only 1 dwelling unit	P
(B) More than 10 feet in diameter to serve only 1 dwelling	SE
(C) All others	P
Taxicab dispatching station:
(A) Without cab storage, repair, or servicing	P
(B) With cab storage	SE
(C) With cab repair or servicing within a wholly enclosed building	X
Taxicab stand	P
Telegraph or messenger service	P
Tower, pole, or antenna (electronic, radio, or television, transmitting or receiving), except a satellite dish antenna:
(A) Freestanding for commercial or noncommercial purposes, not exceeding 100 feet above ground level	P
(B) Freestanding for commercial or noncommercial purposes, exceeding 100 feet above ground level	SE
(C) Attached to a roof for commercial purposes, not exceeding 40 feet above the height of the building	P
(D) Attached to a roof for commercial purposes, exceeding 40 feet above the height of the building (CB-123-1994)	SP

ZONE
USE	M-U-TC
(1) COMMERCIAL:
(A) Eating or Drinking Establishments:
Drive-in restaurant	SE
Fast-food restaurant:
(i) Within a wholly enclosed shopping mall, or department, variety, or drug store	P
(ii) Within an office building	P
(iii) Within a hotel	P
(iv) All others	SE
Other than a drive-in or fast-food restaurant (which may include incidental carry out service, except where specifically prohibited):
(i) Without entertainment (of any sort) other than music, and no patron dancing	P
(ii) Within an office building	P
(iii) Accessory to an allowed use	P
(iv) All others	SE
(A) Vehicle, Mobile Home, Camping Trailer, and Boat Sales and Service:
Gas station	SE
Incidental automobile service in a parking garage	SE
Vehicle lubrication or tune-up facility, provided all sales and installation operations are conducted in a wholly enclosed building with no outdoor storage	SE
Vehicle, mobile home, or camping trailer sales lot, which may include dealer servicing and outdoor storage of vehicles awaiting sale; but shall exclude the storage or sale of wrecked or inoperable vehicles, except as accessory to the dealership for vehicles which the dealership will repair² (CB-26-2002)	SE
Vehicle, boat, or camping trailer rental:
(i) If existing prior to the adoption date of the M-U-TC Zone	SP
(ii) All others	SE
Vehicle parts or tire store including installation facilities, provided all sales and installation operations are conducted in a wholly enclosed building with no outdoor storage	SE
Vehicle parts or tire store without installation facilities	P
(A) Offices:
Bank, savings and loan association, or other savings or lending institution:
(i) Automatic teller machine, only	SP
(ii) All others	P
Check cashing business (CB-23-2009)	SE⁴
Office accessory to an allowed use	P
Office of a medical practitioner or medical clinic (which may include an accessory private spa)	P
Office, except as otherwise provided	P
(A) Services:
Animal hospital, animal training, kennel	SE
Artist's studio	P
Barber or beauty shop	P
Bicycle repair shop:
(i) Nonmotorized only	P
(ii) All others	SE
Blacksmith shop	P
Blueprinting, photostating, or other photocopy establishment	P
Catering establishment:
(i) Accessory to an allowed use	P
(ii) With a retail component	P
(iii) All others	SE
Data processing	P
Dry cleaning or laundry pickup station	P
Dry cleaning store or plant:
(i) Retail	P
(ii) Wholesale (may include retail service)	X
Electric or gas appliances, radio, or television repair shop	P
Employment agency	P
Fortune telling	SE
Funeral parlor, undertaking establishment	SP
Household appliance or furniture repair shop	P
Key or locksmith shop	P
Laboratory	P
Laundromat	SP
Laundry store or plant:
(i) Retail	P
(ii) Wholesale (may include retail service)	X
Lawn mower repair shop, provided all repairs are performed within a wholly enclosed building	SP
Machine shop accessory to an allowed use	SP¹
Massage establishment	SE
Newspaper publishing establishment	SE
Pet grooming shop, provided all animals are confined to the interior of the building and adequate measures are taken to control noise and odor	P
Photography studio or darkroom	P
Pizza delivery service, limited to off-premises delivery with no eat-in, drive-in, or carry-out service	P
Printing shop:
(i) Less than 2,000 square feet	P
(ii) 2,000 square feet or greater	SP
Sauna or steam bath	PB
Shoe repair shop	P
Tailor or dressmaking shop (may include incidental dyeing and pressing allowed as a "PB" use)	P
Travel bureau	P
Upholstery shop	P
Veterinarian's office:
(i) Outpatient	P
(ii) Inpatient	PB
Watch or jewelry repair shop	P
(A) Trade (Generally Retail):
Arts, crafts, and hobby supply store	P
Bakery products, wholesale (must include retail sales)	P
Bicycle (sales) shop:
(i) Nonmotorized, only	P
(ii) All others	SE
Book (except adult book store), camera, gift, jewelry, music, or souvenir, or other specialty store not specifically listed, excluding tobacco or electronic cigarette shops (CB-92-2015)	P⁵
Bottled gas sales:
(i) Accessory to an allowed use	P
(ii) All others	SE
Building supply store:
(i) Wholly enclosed, except for nursery stock	P
(ii) With outdoor storage on not more than 50% of the lot, provided it is enclosed by a slightly opaque wall or fence at least 8 feet high	SE
Bulk retailing of products allowed to be sold in a M-U-TC Zone	P
Carpet or floor covering store	P
Clothing, dry goods, millinery, or shoe store	P
Confectioner:
(i) Retail	P
(ii) Wholesale	PB
Department or variety store	P
Drug store	P
Florist shop	P
Food or beverage goods preparation on the premises of a food or beverage store for retail or wholesale sales	PB
Food or beverage store, excluding liquor stores	P
Garden supplies store, floricultural or horticultural nursery, which may include the outdoor display of nursery stock, such as plants, shrubbery, and trees:
(i) Less than 3,000 square feet	SP
(ii) 3,000 square feet or greater	SE
Hardware store	P
Household appliance or furniture store	P
Lawn mower (sales) store	P
Liquor stores	SP
Newspaper or magazine shop (CB-92-2015)	P
Nursery and garden center, which may include the outdoor display of nursery stock, such as plants, shrubbery, and trees:
(i) Less than 3,000 square feet	SP
(ii) 3,000 square feet or greater	SE
Outdoor display of merchandise for sale (except as otherwise specified) and excluding merchandise displayed on gasoline pump islands associated with gas stations which is allowed:
(i) Not more than 6 feet from main building (subject to Section 27-388)	P
(ii) More than 6 feet from main buildings (subject to Section 27-388)	SE
Paint or wall covering store	P
Pet (sales) shop, provided all animals are confined to the interior of the building and adequate measures are taken to control noise and odor; may include the sale of pet feed and supplies	P
Retail shop or store (not listed) similar to one permitted (P)	P
Seafood market	P
Seasonal decorations display and sales as a temporary use, in accordance with Sections 27-260 and 27-261	P
Sporting goods shop, which may include marine equipment and supplies	P
Stationery or office supply store which may include the sale of furniture or business machines	P
Swimming pool or spa sales and service (excluding outdoor display)	P
Toy store	P
Video game or tape store	P
(2) INSTITUTIONAL/EDUCATIONAL:
Adult day care center	SP
Church or similar place of worship, convent, or monastery	SP
Day care center for children:
(A) In accordance with Section 27-464.02(a)(1)(A)	P
(B) All others	SP
Hospital (may include a private spa)	SE
Nursing or care home (may include a private spa)	SE
School, Private:
(A) Driving school, automobile only	P
(B) For artistic instruction (including a studio)	P
(C) Of business or trade, where the business or trade is permitted (P) in the respective zone	P
(D) Of business or trade, where the business or trade is permitted by Special Exception (SE) in the respective zone	SE
(E) Tutoring establishment	P
(F) Private schools, subject to Section 27-463	P
(G) All others	SE
(3) MISCELLANEOUS:
Accessory structures and uses, except as otherwise provided	P
Adaptive reuse of a surplus public school, when not otherwise allowed	SE
Adaptive use of a Historic Site, when not otherwise allowed	SE
Auction house	SP
Carpentry, cabinet making, or other woodworking shop:
(A) Accessory to an allowed use	P
(B) All others	SP
Cemetery or crematory:
(A) Cemetery, accessory to a church, convent, or monastery	SP
(B) All others	X
Contractor's office (general) as a permanent use, including the businesses of siding, flooring, roofing, plumbing, air conditioning, heating, painting, carpentry, electrical work, landscaping, and the like, with buildings and uses accessory to the business (as well as the office) use:
(A) With no outdoor storage of materials or equipment	P
(B) With outdoor storage of materials, located only in a side or rear yard; enclosed by a sightly, opaque wall or fence at least 8 feet high; with no storing of material higher than the fence; but excluding the use or outdoor storage of earthmoving or other heavy equipment, or outdoor storage of machinery	X
(C) Including the fabrication (only within a wholly enclosed building) of plumbing, air conditioning, heating, carpentry and lighting (and the like) parts for installation off the site	X
Contractor's office (must include sanitary facilities, construction yard or shed, or storage building (in connection with a construction project) as a temporary use:
(A) In accordance with Sections 27-260 and 27-261	P
(B) All others	X
Medical Cannabis Dispensary (CB-5-2016)	X
Rental of any merchandise allowed to be sold in the zone:
(A) If the merchandise sold is permitted by SP	SP
(B) If the merchandise sold is permitted by SE	SE
(C) If the merchandise sold is permitted by right	P
Sign, in accordance with an approved Development Plan	P
Storage, wholly enclosed, accessory to an allowed use	P
Wholesaling of products incidental to the retail sales of the products on the premises	PB
(4) PUBLIC/QUASI PUBLIC:
Community building, except as otherwise provided	P
Library, private	P
Post Office	P
Public building and use, except as otherwise prohibited	P
Voluntary fire, ambulance, or rescue station³ (CB-70-2008)	P
(5) RECREATIONAL/ENTERTAINMENT/SOCIAL/CULTURAL:
Amusement arcade	SE
Archery or baseball batting range	SP
Auditorium	P
Billiard or pool parlor	SE
Bowling alley	SE
Carnival, circus, fair or similar use, not exceeding seventeen (17) days duration and located at least 250 feet from any dwelling, as a temporary use in accordance with Sections 27-260 and 27-261	SP
Club or lodge (private, nonprofit) except as otherwise provided	SP
Employees' recreational facilities (private, nonprofit) accessory to an allowed use	P
Miniature golf course	SP
Museum, aquarium, art gallery, cultural center, or similar facility	P
Park or playground	P
Performance arts center, in accordance with Section 27-548.01.03 (CB-12-2001)	SP
Recreational or entertainment establishment of a commercial nature, if not otherwise specified	SE
Reducing/exercise salon or health club	P
Rifle, pistol, or skeet shooting range:
(A) Indoor	SE
(B) Outdoor	X
Skating rink	SP
Spa (community)	PB
Spa (private), accessory to an allowed dwelling unit	P
Spa (public):
(A) Accessory to a hotel or motel	P
(B) Accessory to a reducing/exercise salon or health club	PB
(C) Accessory to a commercial swimming pool	PB
(D) Unrestricted	SE
Swimming pool:
(A) Accessory to a hotel or motel	P
(B) Community	SP
(C) Indoor	SP
(D) Private, accessory to an allowed one-family detached dwelling	P
(E) All others	SE
Tennis, basketball, handball, or similar court:
(A) Indoor (within a permanent wholly enclosed building)	P
(B) Outdoor	SP
(C) With a temporary removable cover (bubble)	SP
Theatre:
(A) Indoor	P
(B) Outdoor	SE
(C) Drive-in	X
(6) RESIDENTIAL/LODGING:
Apartment housing for the elderly or physically handicapped	SP
Artists' residential studios, in accordance with Section 27-548.01.03 (CB-12-2001)	SP
Country inn	SP
Dwelling, provided that it was legally erected prior to the date upon which the property was classified in the M-U-TC Zone, or was legally erected in the M-U-TC Zone under prior regulations	P
Dwelling unit:
(A) Within a building containing commercial uses on the first floor	P
(B) All others	SP
Hotel or motel	SE
Tourist Home	SP
(7) TRANSPORTATION/PARKING/COMMUNICATIONS/UTILITIES:
Helistop	SE
Broadcasting studio (without tower)	P
Bus station or terminal	SE
Parking garage, commercial	SP
Parking lot, commercial:
(A) With shuttle service to Metro, MARC, or similar mass transit service	SP
(B) All others	SE
Parking of vehicles accessory to an allowed use	P
Public utility use or structure	P
Satellite dish antenna, in accordance with Section 27-541.02:
(A) Up to 10 feet in diameter, to serve only 1 dwelling unit	P
(B) More than 10 feet in diameter to serve only 1 dwelling	SE
(C) All others	P
Taxicab dispatching station:
(A) Without cab storage, repair, or servicing	P
(B) With cab storage	SE
(C) With cab repair or servicing within a wholly enclosed building	X
Taxicab stand	P
Telegraph or messenger service	P
Tower, pole, or antenna (electronic, radio, or television, transmitting or receiving), except a satellite dish antenna:
(A) Freestanding for commercial or noncommercial purposes, not exceeding 100 feet above ground level	P
(B) Freestanding for commercial or noncommercial purposes, exceeding 100 feet above ground level	SE
(C) Attached to a roof for commercial purposes, not exceeding 40 feet above the height of the building	P
(D) Attached to a roof for commercial purposes, exceeding 40 feet above the height of the building (CB-123-1994)	SP

ZONE
USE	M-U-TC
(1) COMMERCIAL:
(A) Eating or Drinking Establishments:
Drive-in restaurant	SE
Fast-food restaurant:
(i) Within a wholly enclosed shopping mall, or department, variety, or drug store	P
(ii) Within an office building	P
(iii) Within a hotel	P
(iv) All others	SE
Other than a drive-in or fast-food restaurant (which may include incidental carry out service, except where specifically prohibited):
(i) Without entertainment (of any sort) other than music, and no patron dancing	P
(ii) Within an office building	P
(iii) Accessory to an allowed use	P
(iv) All others	SE
(A) Vehicle, Mobile Home, Camping Trailer, and Boat Sales and Service:
Gas station	SE
Incidental automobile service in a parking garage	SE
Vehicle lubrication or tune-up facility, provided all sales and installation operations are conducted in a wholly enclosed building with no outdoor storage	SE
Vehicle, mobile home, or camping trailer sales lot, which may include dealer servicing and outdoor storage of vehicles awaiting sale; but shall exclude the storage or sale of wrecked or inoperable vehicles, except as accessory to the dealership for vehicles which the dealership will repair² (CB-26-2002)	SE
Vehicle, boat, or camping trailer rental:
(i) If existing prior to the adoption date of the M-U-TC Zone	SP
(ii) All others	SE
Vehicle parts or tire store including installation facilities, provided all sales and installation operations are conducted in a wholly enclosed building with no outdoor storage	SE
Vehicle parts or tire store without installation facilities	P
(A) Offices:
Bank, savings and loan association, or other savings or lending institution:
(i) Automatic teller machine, only	SP
(ii) All others	P
Check cashing business (CB-23-2009)	SE⁴
Office accessory to an allowed use	P
Office of a medical practitioner or medical clinic (which may include an accessory private spa)	P
Office, except as otherwise provided	P
(A) Services:
Animal hospital, animal training, kennel	SE
Artist's studio	P
Barber or beauty shop	P
Bicycle repair shop:
(i) Nonmotorized only	P
(ii) All others	SE
Blacksmith shop	P
Blueprinting, photostating, or other photocopy establishment	P
Catering establishment:
(i) Accessory to an allowed use	P
(ii) With a retail component	P
(iii) All others	SE
Data processing	P
Dry cleaning or laundry pickup station	P
Dry cleaning store or plant:
(i) Retail	P
(ii) Wholesale (may include retail service)	X
Electric or gas appliances, radio, or television repair shop	P
Employment agency	P
Fortune telling	SE
Funeral parlor, undertaking establishment	SP
Household appliance or furniture repair shop	P
Key or locksmith shop	P
Laboratory	P
Laundromat	SP
Laundry store or plant:
(i) Retail	P
(ii) Wholesale (may include retail service)	X
Lawn mower repair shop, provided all repairs are performed within a wholly enclosed building	SP
Machine shop accessory to an allowed use	SP¹
Massage establishment	SE
Newspaper publishing establishment	SE
Pet grooming shop, provided all animals are confined to the interior of the building and adequate measures are taken to control noise and odor	P
Photography studio or darkroom	P
Pizza delivery service, limited to off-premises delivery with no eat-in, drive-in, or carry-out service	P
Printing shop:
(i) Less than 2,000 square feet	P
(ii) 2,000 square feet or greater	SP
Sauna or steam bath	PB
Shoe repair shop	P
Tailor or dressmaking shop (may include incidental dyeing and pressing allowed as a "PB" use)	P
Travel bureau	P
Upholstery shop	P
Veterinarian's office:
(i) Outpatient	P
(ii) Inpatient	PB
Watch or jewelry repair shop	P
(A) Trade (Generally Retail):
Arts, crafts, and hobby supply store	P
Bakery products, wholesale (must include retail sales)	P
Bicycle (sales) shop:
(i) Nonmotorized, only	P
(ii) All others	SE
Book (except adult book store), camera, gift, jewelry, music, or souvenir, or other specialty store not specifically listed, excluding tobacco or electronic cigarette shops (CB-92-2015)	P⁵
Bottled gas sales:
(i) Accessory to an allowed use	P
(ii) All others	SE
Building supply store:
(i) Wholly enclosed, except for nursery stock	P
(ii) With outdoor storage on not more than 50% of the lot, provided it is enclosed by a slightly opaque wall or fence at least 8 feet high	SE
Bulk retailing of products allowed to be sold in a M-U-TC Zone	P
Carpet or floor covering store	P
Clothing, dry goods, millinery, or shoe store	P
Confectioner:
(i) Retail	P
(ii) Wholesale	PB
Department or variety store	P
Drug store	P
Florist shop	P
Food or beverage goods preparation on the premises of a food or beverage store for retail or wholesale sales	PB
Food or beverage store, excluding liquor stores	P
Garden supplies store, floricultural or horticultural nursery, which may include the outdoor display of nursery stock, such as plants, shrubbery, and trees:
(i) Less than 3,000 square feet	SP
(ii) 3,000 square feet or greater	SE
Hardware store	P
Household appliance or furniture store	P
Lawn mower (sales) store	P
Liquor stores	SP
Newspaper or magazine shop (CB-92-2015)	P
Nursery and garden center, which may include the outdoor display of nursery stock, such as plants, shrubbery, and trees:
(i) Less than 3,000 square feet	SP
(ii) 3,000 square feet or greater	SE
Outdoor display of merchandise for sale (except as otherwise specified) and excluding merchandise displayed on gasoline pump islands associated with gas stations which is allowed:
(i) Not more than 6 feet from main building (subject to Section 27-388)	P
(ii) More than 6 feet from main buildings (subject to Section 27-388)	SE
Paint or wall covering store	P
Pet (sales) shop, provided all animals are confined to the interior of the building and adequate measures are taken to control noise and odor; may include the sale of pet feed and supplies	P
Retail shop or store (not listed) similar to one permitted (P)	P
Seafood market	P
Seasonal decorations display and sales as a temporary use, in accordance with Sections 27-260 and 27-261	P
Sporting goods shop, which may include marine equipment and supplies	P
Stationery or office supply store which may include the sale of furniture or business machines	P
Swimming pool or spa sales and service (excluding outdoor display)	P
Toy store	P
Video game or tape store	P
(2) INSTITUTIONAL/EDUCATIONAL:
Adult day care center	SP
Church or similar place of worship, convent, or monastery	SP
Day care center for children:
(A) In accordance with Section 27-464.02(a)(1)(A)	P
(B) All others	SP
Hospital (may include a private spa)	SE
Nursing or care home (may include a private spa)	SE
School, Private:
(A) Driving school, automobile only	P
(B) For artistic instruction (including a studio)	P
(C) Of business or trade, where the business or trade is permitted (P) in the respective zone	P
(D) Of business or trade, where the business or trade is permitted by Special Exception (SE) in the respective zone	SE
(E) Tutoring establishment	P
(F) Private schools, subject to Section 27-463	P
(G) All others	SE
(3) MISCELLANEOUS:
Accessory structures and uses, except as otherwise provided	P
Adaptive reuse of a surplus public school, when not otherwise allowed	SE
Adaptive use of a Historic Site, when not otherwise allowed	SE
Auction house	SP
Carpentry, cabinet making, or other woodworking shop:
(A) Accessory to an allowed use	P
(B) All others	SP
Cemetery or crematory:
(A) Cemetery, accessory to a church, convent, or monastery	SP
(B) All others	X
Contractor's office (general) as a permanent use, including the businesses of siding, flooring, roofing, plumbing, air conditioning, heating, painting, carpentry, electrical work, landscaping, and the like, with buildings and uses accessory to the business (as well as the office) use:
(A) With no outdoor storage of materials or equipment	P
(B) With outdoor storage of materials, located only in a side or rear yard; enclosed by a sightly, opaque wall or fence at least 8 feet high; with no storing of material higher than the fence; but excluding the use or outdoor storage of earthmoving or other heavy equipment, or outdoor storage of machinery	X
(C) Including the fabrication (only within a wholly enclosed building) of plumbing, air conditioning, heating, carpentry and lighting (and the like) parts for installation off the site	X
Contractor's office (must include sanitary facilities, construction yard or shed, or storage building (in connection with a construction project) as a temporary use:
(A) In accordance with Sections 27-260 and 27-261	P
(B) All others	X
Medical Cannabis Dispensary (CB-5-2016)	X
Rental of any merchandise allowed to be sold in the zone:
(A) If the merchandise sold is permitted by SP	SP
(B) If the merchandise sold is permitted by SE	SE
(C) If the merchandise sold is permitted by right	P
Sign, in accordance with an approved Development Plan	P
Storage, wholly enclosed, accessory to an allowed use	P
Wholesaling of products incidental to the retail sales of the products on the premises	PB
(4) PUBLIC/QUASI PUBLIC:
Community building, except as otherwise provided	P
Library, private	P
Post Office	P
Public building and use, except as otherwise prohibited	P
Voluntary fire, ambulance, or rescue station³ (CB-70-2008)	P
(5) RECREATIONAL/ENTERTAINMENT/SOCIAL/CULTURAL:
Amusement arcade	SE
Archery or baseball batting range	SP
Auditorium	P
Billiard or pool parlor	SE
Bowling alley	SE
Carnival, circus, fair or similar use, not exceeding seventeen (17) days duration and located at least 250 feet from any dwelling, as a temporary use in accordance with Sections 27-260 and 27-261	SP
Club or lodge (private, nonprofit) except as otherwise provided	SP
Employees' recreational facilities (private, nonprofit) accessory to an allowed use	P
Miniature golf course	SP
Museum, aquarium, art gallery, cultural center, or similar facility	P
Park or playground	P
Performance arts center, in accordance with Section 27-548.01.03 (CB-12-2001)	SP
Recreational or entertainment establishment of a commercial nature, if not otherwise specified	SE
Reducing/exercise salon or health club	P
Rifle, pistol, or skeet shooting range:
(A) Indoor	SE
(B) Outdoor	X
Skating rink	SP
Spa (community)	PB
Spa (private), accessory to an allowed dwelling unit	P
Spa (public):
(A) Accessory to a hotel or motel	P
(B) Accessory to a reducing/exercise salon or health club	PB
(C) Accessory to a commercial swimming pool	PB
(D) Unrestricted	SE
Swimming pool:
(A) Accessory to a hotel or motel	P
(B) Community	SP
(C) Indoor	SP
(D) Private, accessory to an allowed one-family detached dwelling	P
(E) All others	SE
Tennis, basketball, handball, or similar court:
(A) Indoor (within a permanent wholly enclosed building)	P
(B) Outdoor	SP
(C) With a temporary removable cover (bubble)	SP
Theatre:
(A) Indoor	P
(B) Outdoor	SE
(C) Drive-in	X
(6) RESIDENTIAL/LODGING:
Apartment housing for the elderly or physically handicapped	SP
Artists' residential studios, in accordance with Section 27-548.01.03 (CB-12-2001)	SP
Country inn	SP
Dwelling, provided that it was legally erected prior to the date upon which the property was classified in the M-U-TC Zone, or was legally erected in the M-U-TC Zone under prior regulations	P
Dwelling unit:
(A) Within a building containing commercial uses on the first floor	P
(B) All others	SP
Hotel or motel	SE
Tourist Home	SP
(7) TRANSPORTATION/PARKING/COMMUNICATIONS/UTILITIES:
Helistop	SE
Broadcasting studio (without tower)	P
Bus station or terminal	SE
Parking garage, commercial	SP
Parking lot, commercial:
(A) With shuttle service to Metro, MARC, or similar mass transit service	SP
(B) All others	SE
Parking of vehicles accessory to an allowed use	P
Public utility use or structure	P
Satellite dish antenna, in accordance with Section 27-541.02:
(A) Up to 10 feet in diameter, to serve only 1 dwelling unit	P
(B) More than 10 feet in diameter to serve only 1 dwelling	SE
(C) All others	P
Taxicab dispatching station:
(A) Without cab storage, repair, or servicing	P
(B) With cab storage	SE
(C) With cab repair or servicing within a wholly enclosed building	X
Taxicab stand	P
Telegraph or messenger service	P
Tower, pole, or antenna (electronic, radio, or television, transmitting or receiving), except a satellite dish antenna:
(A) Freestanding for commercial or noncommercial purposes, not exceeding 100 feet above ground level	P
(B) Freestanding for commercial or noncommercial purposes, exceeding 100 feet above ground level	SE
(C) Attached to a roof for commercial purposes, not exceeding 40 feet above the height of the building	P
(D) Attached to a roof for commercial purposes, exceeding 40 feet above the height of the building (CB-123-1994)	SP

ZONE
USE	M-U-TC
(1) COMMERCIAL:
(A) Eating or Drinking Establishments:
Drive-in restaurant	SE
Fast-food restaurant:
(i) Within a wholly enclosed shopping mall, or department, variety, or drug store	P
(ii) Within an office building	P
(iii) Within a hotel	P
(iv) All others	SE
Other than a drive-in or fast-food restaurant (which may include incidental carry out service, except where specifically prohibited):
(i) Without entertainment (of any sort) other than music, and no patron dancing	P
(ii) Within an office building	P
(iii) Accessory to an allowed use	P
(iv) All others	SE
(A) Vehicle, Mobile Home, Camping Trailer, and Boat Sales and Service:
Gas station	SE
Incidental automobile service in a parking garage	SE
Vehicle lubrication or tune-up facility, provided all sales and installation operations are conducted in a wholly enclosed building with no outdoor storage	SE
Vehicle, mobile home, or camping trailer sales lot, which may include dealer servicing and outdoor storage of vehicles awaiting sale; but shall exclude the storage or sale of wrecked or inoperable vehicles, except as accessory to the dealership for vehicles which the dealership will repair² (CB-26-2002)	SE
Vehicle, boat, or camping trailer rental:
(i) If existing prior to the adoption date of the M-U-TC Zone	SP
(ii) All others	SE
Vehicle parts or tire store including installation facilities, provided all sales and installation operations are conducted in a wholly enclosed building with no outdoor storage	SE
Vehicle parts or tire store without installation facilities	P
(A) Offices:
Bank, savings and loan association, or other savings or lending institution:
(i) Automatic teller machine, only	SP
(ii) All others	P
Check cashing business (CB-23-2009)	SE⁴
Office accessory to an allowed use	P
Office of a medical practitioner or medical clinic (which may include an accessory private spa)	P
Office, except as otherwise provided	P
(A) Services:
Animal hospital, animal training, kennel	SE
Artist's studio	P
Barber or beauty shop	P
Bicycle repair shop:
(i) Nonmotorized only	P
(ii) All others	SE
Blacksmith shop	P
Blueprinting, photostating, or other photocopy establishment	P
Catering establishment:
(i) Accessory to an allowed use	P
(ii) With a retail component	P
(iii) All others	SE
Data processing	P
Dry cleaning or laundry pickup station	P
Dry cleaning store or plant:
(i) Retail	P
(ii) Wholesale (may include retail service)	X
Electric or gas appliances, radio, or television repair shop	P
Employment agency	P
Fortune telling	SE
Funeral parlor, undertaking establishment	SP
Household appliance or furniture repair shop	P
Key or locksmith shop	P
Laboratory	P
Laundromat	SP
Laundry store or plant:
(i) Retail	P
(ii) Wholesale (may include retail service)	X
Lawn mower repair shop, provided all repairs are performed within a wholly enclosed building	SP
Machine shop accessory to an allowed use	SP¹
Massage establishment	SE
Newspaper publishing establishment	SE
Pet grooming shop, provided all animals are confined to the interior of the building and adequate measures are taken to control noise and odor	P
Photography studio or darkroom	P
Pizza delivery service, limited to off-premises delivery with no eat-in, drive-in, or carry-out service	P
Printing shop:
(i) Less than 2,000 square feet	P
(ii) 2,000 square feet or greater	SP
Sauna or steam bath	PB
Shoe repair shop	P
Tailor or dressmaking shop (may include incidental dyeing and pressing allowed as a "PB" use)	P
Travel bureau	P
Upholstery shop	P
Veterinarian's office:
(i) Outpatient	P
(ii) Inpatient	PB
Watch or jewelry repair shop	P
(A) Trade (Generally Retail):
Arts, crafts, and hobby supply store	P
Bakery products, wholesale (must include retail sales)	P
Bicycle (sales) shop:
(i) Nonmotorized, only	P
(ii) All others	SE
Book (except adult book store), camera, gift, jewelry, music, or souvenir, or other specialty store not specifically listed, excluding tobacco or electronic cigarette shops (CB-92-2015)	P⁵
Bottled gas sales:
(i) Accessory to an allowed use	P
(ii) All others	SE
Building supply store:
(i) Wholly enclosed, except for nursery stock	P
(ii) With outdoor storage on not more than 50% of the lot, provided it is enclosed by a slightly opaque wall or fence at least 8 feet high	SE
Bulk retailing of products allowed to be sold in a M-U-TC Zone	P
Carpet or floor covering store	P
Clothing, dry goods, millinery, or shoe store	P
Confectioner:
(i) Retail	P
(ii) Wholesale	PB
Department or variety store	P
Drug store	P
Florist shop	P
Food or beverage goods preparation on the premises of a food or beverage store for retail or wholesale sales	PB
Food or beverage store, excluding liquor stores	P
Garden supplies store, floricultural or horticultural nursery, which may include the outdoor display of nursery stock, such as plants, shrubbery, and trees:
(i) Less than 3,000 square feet	SP
(ii) 3,000 square feet or greater	SE
Hardware store	P
Household appliance or furniture store	P
Lawn mower (sales) store	P
Liquor stores	SP
Newspaper or magazine shop (CB-92-2015)	P
Nursery and garden center, which may include the outdoor display of nursery stock, such as plants, shrubbery, and trees:
(i) Less than 3,000 square feet	SP
(ii) 3,000 square feet or greater	SE
Outdoor display of merchandise for sale (except as otherwise specified) and excluding merchandise displayed on gasoline pump islands associated with gas stations which is allowed:
(i) Not more than 6 feet from main building (subject to Section 27-388)	P
(ii) More than 6 feet from main buildings (subject to Section 27-388)	SE
Paint or wall covering store	P
Pet (sales) shop, provided all animals are confined to the interior of the building and adequate measures are taken to control noise and odor; may include the sale of pet feed and supplies	P
Retail shop or store (not listed) similar to one permitted (P)	P
Seafood market	P
Seasonal decorations display and sales as a temporary use, in accordance with Sections 27-260 and 27-261	P
Sporting goods shop, which may include marine equipment and supplies	P
Stationery or office supply store which may include the sale of furniture or business machines	P
Swimming pool or spa sales and service (excluding outdoor display)	P
Toy store	P
Video game or tape store	P
(2) INSTITUTIONAL/EDUCATIONAL:
Adult day care center	SP
Church or similar place of worship, convent, or monastery	SP
Day care center for children:
(A) In accordance with Section 27-464.02(a)(1)(A)	P
(B) All others	SP
Hospital (may include a private spa)	SE
Nursing or care home (may include a private spa)	SE
School, Private:
(A) Driving school, automobile only	P
(B) For artistic instruction (including a studio)	P
(C) Of business or trade, where the business or trade is permitted (P) in the respective zone	P
(D) Of business or trade, where the business or trade is permitted by Special Exception (SE) in the respective zone	SE
(E) Tutoring establishment	P
(F) Private schools, subject to Section 27-463	P
(G) All others	SE
(3) MISCELLANEOUS:
Accessory structures and uses, except as otherwise provided	P
Adaptive reuse of a surplus public school, when not otherwise allowed	SE
Adaptive use of a Historic Site, when not otherwise allowed	SE
Auction house	SP
Carpentry, cabinet making, or other woodworking shop:
(A) Accessory to an allowed use	P
(B) All others	SP
Cemetery or crematory:
(A) Cemetery, accessory to a church, convent, or monastery	SP
(B) All others	X
Contractor's office (general) as a permanent use, including the businesses of siding, flooring, roofing, plumbing, air conditioning, heating, painting, carpentry, electrical work, landscaping, and the like, with buildings and uses accessory to the business (as well as the office) use:
(A) With no outdoor storage of materials or equipment	P
(B) With outdoor storage of materials, located only in a side or rear yard; enclosed by a sightly, opaque wall or fence at least 8 feet high; with no storing of material higher than the fence; but excluding the use or outdoor storage of earthmoving or other heavy equipment, or outdoor storage of machinery	X
(C) Including the fabrication (only within a wholly enclosed building) of plumbing, air conditioning, heating, carpentry and lighting (and the like) parts for installation off the site	X
Contractor's office (must include sanitary facilities, construction yard or shed, or storage building (in connection with a construction project) as a temporary use:
(A) In accordance with Sections 27-260 and 27-261	P
(B) All others	X
Medical Cannabis Dispensary (CB-5-2016)	X
Rental of any merchandise allowed to be sold in the zone:
(A) If the merchandise sold is permitted by SP	SP
(B) If the merchandise sold is permitted by SE	SE
(C) If the merchandise sold is permitted by right	P
Sign, in accordance with an approved Development Plan	P
Storage, wholly enclosed, accessory to an allowed use	P
Wholesaling of products incidental to the retail sales of the products on the premises	PB
(4) PUBLIC/QUASI PUBLIC:
Community building, except as otherwise provided	P
Library, private	P
Post Office	P
Public building and use, except as otherwise prohibited	P
Voluntary fire, ambulance, or rescue station³ (CB-70-2008)	P
(5) RECREATIONAL/ENTERTAINMENT/SOCIAL/CULTURAL:
Amusement arcade	SE
Archery or baseball batting range	SP
Auditorium	P
Billiard or pool parlor	SE
Bowling alley	SE
Carnival, circus, fair or similar use, not exceeding seventeen (17) days duration and located at least 250 feet from any dwelling, as a temporary use in accordance with Sections 27-260 and 27-261	SP
Club or lodge (private, nonprofit) except as otherwise provided	SP
Employees' recreational facilities (private, nonprofit) accessory to an allowed use	P
Miniature golf course	SP
Museum, aquarium, art gallery, cultural center, or similar facility	P
Park or playground	P
Performance arts center, in accordance with Section 27-548.01.03 (CB-12-2001)	SP
Recreational or entertainment establishment of a commercial nature, if not otherwise specified	SE
Reducing/exercise salon or health club	P
Rifle, pistol, or skeet shooting range:
(A) Indoor	SE
(B) Outdoor	X
Skating rink	SP
Spa (community)	PB
Spa (private), accessory to an allowed dwelling unit	P
Spa (public):
(A) Accessory to a hotel or motel	P
(B) Accessory to a reducing/exercise salon or health club	PB
(C) Accessory to a commercial swimming pool	PB
(D) Unrestricted	SE
Swimming pool:
(A) Accessory to a hotel or motel	P
(B) Community	SP
(C) Indoor	SP
(D) Private, accessory to an allowed one-family detached dwelling	P
(E) All others	SE
Tennis, basketball, handball, or similar court:
(A) Indoor (within a permanent wholly enclosed building)	P
(B) Outdoor	SP
(C) With a temporary removable cover (bubble)	SP
Theatre:
(A) Indoor	P
(B) Outdoor	SE
(C) Drive-in	X
(6) RESIDENTIAL/LODGING:
Apartment housing for the elderly or physically handicapped	SP
Artists' residential studios, in accordance with Section 27-548.01.03 (CB-12-2001)	SP
Country inn	SP
Dwelling, provided that it was legally erected prior to the date upon which the property was classified in the M-U-TC Zone, or was legally erected in the M-U-TC Zone under prior regulations	P
Dwelling unit:
(A) Within a building containing commercial uses on the first floor	P
(B) All others	SP
Hotel or motel	SE
Tourist Home	SP
(7) TRANSPORTATION/PARKING/COMMUNICATIONS/UTILITIES:
Helistop	SE
Broadcasting studio (without tower)	P
Bus station or terminal	SE
Parking garage, commercial	SP
Parking lot, commercial:
(A) With shuttle service to Metro, MARC, or similar mass transit service	SP
(B) All others	SE
Parking of vehicles accessory to an allowed use	P
Public utility use or structure	P
Satellite dish antenna, in accordance with Section 27-541.02:
(A) Up to 10 feet in diameter, to serve only 1 dwelling unit	P
(B) More than 10 feet in diameter to serve only 1 dwelling	SE
(C) All others	P
Taxicab dispatching station:
(A) Without cab storage, repair, or servicing	P
(B) With cab storage	SE
(C) With cab repair or servicing within a wholly enclosed building	X
Taxicab stand	P
Telegraph or messenger service	P
Tower, pole, or antenna (electronic, radio, or television, transmitting or receiving), except a satellite dish antenna:
(A) Freestanding for commercial or noncommercial purposes, not exceeding 100 feet above ground level	P
(B) Freestanding for commercial or noncommercial purposes, exceeding 100 feet above ground level	SE
(C) Attached to a roof for commercial purposes, not exceeding 40 feet above the height of the building	P
(D) Attached to a roof for commercial purposes, exceeding 40 feet above the height of the building (CB-123-1994)	SP

1	The gross floor area shall not exceed 25% of the gross floor area of the building within which this accessory use is located.
2	Except for new vehicle sales lots, the use shall be located on a tract of land containing a minimum of twenty-five thousand (25,000) square feet. All such uses on property less than twenty-five thousand (25,000) square feet in existence on September 1, 2002, may not be certified as nonconforming uses and must cease operations on or before August 31, 2005. (CB-33-2002)
3	The following activities are considered to be ancillary uses permitted within the hall/assembly area of a voluntary fire, ambulance, or rescue station: bingo (with an approved license from the Department of Permitting, Inspections, and Enforcement), weddings, dinners, community events, organization functions, and private events (with no advance or at the door ticket sales).
	All events must comply with County or State regulations, and events requiring a specific license must obtain such license to be considered a permitted ancillary use. All events must be organized by the voluntary fire, ambulance, or rescue corporation or company and/or a community group from within the immediate vicinity of the station. For weddings, receptions, and dinners, the event may be organized by an individual in conjunction with the voluntary fire, ambulance, or rescue corporation or company and/or a community group within the immediate vicinity of the station. A permitted ancillary use does not include the leasing of the station facility for use by a promoter. Private events may not have advance or at the door ticket sales. All events must end by 10:00 p.m., Sunday through Thursday (except that bingo events must end by 11:00 p.m.), and by midnight on Friday and Saturday, with all patrons off the site within thirty (30) minutes after closing. (CB-70-2008; CB-29-2014)
4	Businesses with a valid state license for check cashing issued prior to September 1, 2009 may continue as a matter of right and shall not be deemed nonconforming, regardless of a change in tenancy or ownership of the check cashing business. (CB-23-2009; CB-106-2012)
5	Uses that included activity that meets the definition of an "electronic cigarette shop" in existence on January 1, 2016, in the M-U-TC Zone may not be certified as nonconforming uses and must cease operations on or before June 1, 2017. (CB-92-2015)

(d)
At least two (2) of the following three (3) categories shall be included on the Conceptual Site Plan and ultimately present in every development in the M-X-T Zone. In a Transit District Overlay Zone, a Conceptual Site Plan may include only one of the following categories, provided that, in conjunction with an existing use on abutting property in the M-X-T Zone, the requirement for two (2) out of three (3) categories is fulfilled. The Site Plan shall show the location of the existing use and the way that it will be integrated in terms of access and design with the proposed development. The amount of square footage devoted to each use shall be in sufficient quantity to serve the purposes of the zone:
1. (1)
  Retail businesses;
2. (2)
  Office, research, or industrial uses;
3. (3)
  Dwellings, hotel, or motel.

(e)
For property placed in the M-X-T Zone by a Sectional Map Amendment approved after October 1, 2006, and recommended for mixed-use development in the General Plan, and a Master Plan, or Sector Plan for which a comprehensive land use planning study was conducted by Technical Staff prior to initiation, a Conceptual Site Plan submitted for any property located in the M-X-T Zone may include only one (1) of the above categories, provided that it conforms to the visions, goals, policies, and recommendations of the plan for that specific portion of the M-X-T Zone.

(CB-39-1984; CB-94-1984; CB-133-1984; CB-33-1985; CB-54-1993; CB-2-1994; CB-7-1995; CB-15-1997; CB-78-2006)

Effective on: 1/1/1901

Sec. 27-547.01. Density Limitations pursuant to Comprehensive Plan.

(CB-14-2010)

Effective on: 1/1/1901

Sec. 27-548. M-X-T Zone.

(a)

Maximum floor area ratio (FAR):

(1)
Without the use of the optional method of development — 0.40 FAR; and
(2)
With the use of the optional method of development — 8.00 FAR.

(b)

The uses allowed in the M-X-T Zone may be located in more than one (1) building, and on more than one (1) lot.

(c)

(d)

(e)

(f)

Private structures may be located within the air space above, or in the ground below, public rights-of-way.

(g)

(h)

(i)

(j)

(CB-46-1985; CB-1-1989; CB-56-1996; CB-13-2002; CB-40-2002; CB-78-2006; CB-93-2010; CB-73-2016; CB-87-2018; CB-19-2019)

Effective on: 1/1/1901

Sec. 27-548.00.01. Special Permits.

(a)

Authorization.

(1)
A Special Permit may be permitted by the Planning Board, in accordance with the provisions of Section 27-239.02.
(2)
The Planning Board is authorized to allow departures from the strict application of any standard or guideline approved in a Town Center Development Plan in accordance with the procedures set forth in Section 27-239.01 and subject to the following findings:
1. (A)
  A specific parcel of land has exceptional narrowness, shallowness, or shape; exceptional topographic conditions; or other extraordinary situations or conditions;
2. (B)
  The strict application of the Development Plan will result in peculiar and unusual practical difficulties to, or exceptional or undue hardship upon, the owner of the property; and
3. (C)
  The departure will not substantially impair the intent, purpose, or integrity of the General Plan, Master Plan, or the Town Center Development Plan.

(CB-2-1994)

Effective on: 1/1/1901

Sec. 27-548.01. Surface mining; sand and gravel wet-processing (nonconforming use).

(a)

In order for a nonconforming surface mining or sand and gravel wet-processing operation to continue, the requirements of this Section shall be met.

(b)

(c)

All nonconforming surface mining and sand and gravel wet-processing operations shall meet the following requirements:

(1)
The uses shall be operated in full compliance with applicable extraction and surface mining or sand and gravel wet-processing regulations;
(2)
For the safety of residents and property, the operator of the facility shall take effective measures to control the speed of trucks utilizing his facility and neighboring streets;
(3)
The operator shall avoid depositing any debris upon any streets;
(4)
The owner of the subject property shall be required to post and maintain a permanent, durable sign identifying the use as a nonconforming surface mining or sand and gravel wet-processing operation, in accordance with the requirements of Section 27-629.

(d)

On land which is located within a Chesapeake Bay Critical Area Overlay Zone, development is subject to Subtitle 5B and the following additional requirements:

(1)
Additional Requirements For Surface Mining, Sand and Gravel Wet-Processing
1. (A)
  Standards. Surface mining operation permits are issued by the Maryland Department of the Environment (MDE). A grading permit is also required in conformance with Subtitle 4 of the County Code. Periodic site inspections of permitted areas are made to determine whether the conditions of the permits and the accompanying Reclamation Plan are being fulfilled. Permits for surface mining operations in the Critical Area shall only be granted if the following conditions are met:
2. (B)
  A Reclamation Plan shall be submitted as part of the permit application which specifies the use which is proposed to be made of the site following reclamation, the manner in which that soil and subsoil are to be conserved and restored, the specifications for surface gradient restoration suitable for the subsequent use, the proposed manner and type of re-vegetation or other surface treatment of affected areas and an acceptable schedule to the County for the implementation of reclamation measures. Reclamation is to occur as mining on each segment of a site is completed.
3. (C)
  The operation will not have an unduly adverse effect on wildlife, forests, or fresh water, estuarine or marine fisheries.
4. (D)
  The operator has provided applicable permits from all federal, State and local regulatory agencies responsible for air and water pollution and sediment control.
5. (E)
  Consideration shall be given to:
  1. (i)
    The effects of the proposed action on the environment, including adverse and beneficial environmental effects that are reasonably likely if the proposal is implemented or if it is not implemented.
  2. (ii)
    Measures that might be taken to minimize potential adverse environmental effects and maximize potential beneficial environmental effects, including monitoring maintenance, replacement, operation and other follow-up activities.
  3. (iii)
    An applicant's previous experience with similar operations which indicates that the operation will not result in substantial deposits of sediment in stream beds or lakes, landslides, or other causes of water pollution.
6. (F)
  Location of future sites. Within the Critical Area, surface mining is only permitted on sites of five or more acres.
  1. (i)
    New surface mining operations are permitted within the Critical Area provided that identification of appropriate post-excavation uses for this land such as recreation, habitat restoration, or development are accomplished according to the appropriate land management classification (I-D-O, L-D-O or R-C-O) and other applicable County and State codes and ordinances.
  2. (ii)
    Areas such as the following shall not be used for surface mining:
    (aa)
    Habitat Protection Areas and other important natural resource areas such as those of scientific value or areas where assemblages of rare species occur;
    (bb)
    Areas where highly erodible soils exist;
    (cc)
    Areas where the use of lands for mining would result in the substantial loss of long-range (25 years or more) productivity of forest and agriculture, or would result in a degrading of water quality or a loss of vital habitat;
    (dd)
    Lands within the Buffer.
7. (G)
  Surface mining operations shall operate under the following conditions:
  1. (i)
    Future wash plants including ponds, spoil piles and equipment may not be located within the Buffer.
  2. (ii)
    Existing wash ponds shall be reclaimed as soon as possible after the cessation of a sand and gravel operation.
  3. (iii)
    To the fullest extent possible, existing sand and gravel operations shall conduct their extraction activities so as to provide, at a minimum, a 100-foot Buffer of natural vegetation between the operation and the mean high water line of tidal waters or the edges of streams and tidal wetlands, whichever is further inland.

(CB-17-1984; CB-72-1987; CB-76-2010)

Effective on: 1/1/1901

Sec. 27-548.01.01. Marina.

(a)

A marina permitted in the M-X-T Zone shall be subject to the following requirements:

(1)
The M-X-T Zone was approved by the District Council prior to July 31, 1983; and
(2)
The Planning Board and District Council approved a Conceptual Site Plan showing the general location of the marina on the property prior to July 31, 1986.

(CB-34-1989)

Effective on: 1/1/1901

Sec. 27-548.01.02. Waterfront Entertainment/Retail Complex.

(a)

Purposes:

(1)
To promote quality retail shopping, restaurant and entertainment development, and lodging development oriented toward a theme(s) at locations in appropriate areas of the County;
(2)
To afford reasonable flexibility in the design of these projects; and
(3)
To avoid scattered and unbalanced development of such uses.

(b)

A Waterfront Entertainment/Retail Complex is permitted in the M-X-T Zone subject to the following criteria:

(1)
Private and/or public vehicular access shall be sufficient to accommodate the traffic generated by the project; and
(2)
Setbacks, tree conservation, landscaping and screening, green space, lot coverage, parking, and loading shall be addressed in the Conceptual Site Plan approval. However, the provisions of this Subtitle applicable to such items are not applicable.

(c)

(d)

(1)
A general description of the project and the proposed activities;
(2)
The proposed traffic circulation system;
(3)
The general location and size of all activities;
(4)
A text indicating the theme, design, and architectural concepts that will be implemented throughout the property applicable to the use;
(5)
Information contained in Section 27-282(e), provided that the locations of all improvements may be moved, altered, and revised within an established development envelope. No building permit may be issued without certification of a site plan by the Planning Director. Provided the property is designated in the County General Plan as a Metropolitan Center, the addition of residential dwellings, not to exceed two thousand five hundred (2,500) units, shall not require a revision to an approved Conceptual Site Plan. Building permits for residential dwellings shall not be issued until construction of the convention center/hotel has commenced.

(e)

(1)
Unless waived pursuant to Section 27-548.01.02(c), a Detailed Site Plan shall be approved by the Planning Board prior to the issuance of any building or use and occupancy permit.
(2)
The Planning Board shall review the Detailed Site Plan for compliance with this Section.
(3)
The Planning Board shall give due consideration to all comments received from other agencies.
(4)
The Planning Board shall only consider the plan at a regularly scheduled meeting of the Planning Board after a duly advertised public hearing.
(5)
The Planning Board shall approve, approve with modification, or disapprove the Detailed Site Plan, and shall state its reasons for the action.
(6)
The Planning Board's decision shall be embodied in a resolution adopted at a regularly scheduled public meeting, a copy of which shall be sent to all persons of record (in the Detailed Site Plan approval process) and the District Council.

(f)

(CB-44-1997; CB-20-2005)

Effective on: 1/1/1901

Sec. 27-548.01.03. Artists' residential studios and performance arts centers.

(a)

Artists' residential studios permitted by Special Permit (SP) in the use tables shall meet the following requirements:

(1)
Each artist unit shall combine individual studio and residential space to create an integrated living and working environment. Artists' residential studios may also provide areas for artists' use as common workspace or performance, office, or storage space.
(2)
Each artist unit shall have at least 700 square feet of space.

(b)

The following uses are permitted in artists' residential studios and performance arts centers, subject to restrictions in the definitions of those uses, and with additional restrictions as indicated:

(1)
Offices for artists, arts organizations, community organizations, and municipalities are permitted. All other office uses are prohibited.
(2)
Uses permitted in the C-S-C Zone in Category (1), Commercial, of the commercial use table in Section 27-461(b) are permitted if they are included in Subcategory (A), Eating or Drinking Establishments; Subcategory (D), Services; or Subcategory (E), Trade.
(3)
Uses stated in the commercial use table in Category (2), Institutional/Educational; Category (3), Miscellaneous; and Category (4), Public/Quasi Public, are permitted.
(4)
All permitted Category (1), Category (2), Category (3), and Category (4) uses shall meet restrictions and requirements indicated in the commercial use table for the C-S-C Zone.

(c)

(d)

Off-street parking requirements in PART 11 do not apply to artists' residential studios or performance arts centers.

(1)
The Planning Board shall review and approve an off-street parking schedule when reviewing a Special Permit application for the proposed use.
(2)
The Planning Board shall consider the following when reviewing an off-street parking schedule:
1. (A)
  The likelihood that different uses in artists' residential studios or performance arts centers will share parking spaces because of variations in times of peak demand;
2. (B)
  The availability of on-street parking or other parking on nearby properties;
3. (C)
  The availability of public transit for residents, patrons, or visitors; and
4. (D)
  Parking requirements in PART 11 that would apply to similar uses.

(CB-12-2001)

Effective on: 1/1/1901

Sec. 27-548.01.04. Recreational or Entertainment Establishment of a Commercial Nature with Video Lottery Facility.

(a)

(1)
Submission demonstrating that the locational requirements as set forth in Section 9-1A-36(h)(1)(VI), State Government Article, Annotated Code of Maryland, are met.
(2)
Submission demonstrating that transportation facilities in the area affected by traffic generated by the Facility ("traffic study area") will be adequate based on:
1. (A)
  total traffic conditions as prescribed in the most recent Transportation Review Guidelines ("Guidelines") published by the Maryland-National Capital Park and Planning Commission;
2. (B)
  compliance with a comprehensive transportation plan in accordance with Section 9-1A-32, State Government Article, Annotated Code of Maryland prior to issuance of any use and occupancy permits; and
3. (C)
  the transportation improvements regarding the Facility submitted to the Maryland Video Lottery Facility Location Commission ("Location Commission").
  1. (i)
    Any required on or off-site transportation improvements contained in this submission shall be made prior to, or concurrent with, the construction of the Facility, and shall be completed prior to the issuance of any use and occupancy permits for the Facility.
(3)
Submission demonstrating a lighting plan that illuminates all parking areas and walkways on site.
(4)
A receipt confirming submission of a written security plan to the Chief of Police demonstrating a 24-hour adequate security and surveillance plan, including plans to control loitering in the parking areas.
1. (A)
  The security plan may be a confidential submittal.
2. (B)
  Review and approval by the Chief of Police or the Chief's designee is required prior to the issuance of any use and occupancy permit for the Facility.
(5)
Submission of a written plan for daily removal of litter and refuse in the Facility and on site.
(6)
Submission of a statement acknowledging obligations pursuant to Section 9-1A-10(a)(3), State Government Article, Annotated Code of Maryland, including any related compliance and reporting requirements.
(7)
Submission of a statement detailing any opportunities in relation to the video lottery facility to be made available to Prince George's County residents or businesses via direct monetary or other equity investment, ownership of independent in-line businesses, ownership of retail pad sites, ownership of business franchises, ownership of service businesses, and/or ownership of any other for-profit businesses.

(b)

(CB-6-2014)

Effective on: 1/1/1901

Sec. 27-548.01.05. Vehicle Parts Store.

(a)

(CB-16-2014)

Effective on: 1/1/1901

Sec. 27-548.01.06. Tourist Home as an "Accessory Use".

(a)

"Tourist Home" as an "Accessory Use" to a "Dwelling" permitted (P) in the Table of Uses shall be subject to the following requirements:

(1)
The "Tourist Home" shall be an "Accessory Use" to a principal "Use" as a "Dwelling," which principal "Use" is permitted (P) in the Table of Uses;
(2)
The "Tourist Home" "Accessory Use" may be located in a principal "Building" or an "Accessory Building;"
(3)
The "Tourist Home" "Accessory Use" shall be rented for no more than thirty (30) consecutive days and no more than a total of ninety (90) days, if not occupied by the owner or no more than one hundred eighty (180) days if occupied by the owner, over a single calendar year;
(4)
The number of occupants using the "Tourist Home" "Accessory Use" at any one time shall not exceed eight (8) guests at any one time and there shall not be more than three (3) guests per bedroom;
(5)
The owner of the property hosting the "Tourist Home" "Accessory Use" obtains and maintains the appropriate and required licenses from the Department of Permitting, Inspections and Enforcements and other applicable license authorities; and
(6)
The owner of the property hosting the "Tourist Home" "Accessory Use" shall collect and remit all applicable taxes through the platform.

(CB-10-2018)

Editor's note(s)—Section 4 of CB-10-2018 (DR-3) states that these provisions shall take effect on October 1, 2019.

Effective on: 1/1/1901

Sec. 27-548.01.07. Qualified data centers.

(a)

A Qualified Data Center shall include a site plan with any building permit application.

(b)

Qualified Data Centers shall be exempt from Conceptual Site Plan or Detailed Site Plan Approval.

(c)

(d)

Qualified Data Centers shall comply with the following standards:

(1)
Principal Building Façades.
1. (A)
  For the purposes of this Section, principal building façades shall be defined as all exterior building façades that face public rights-of-way or existing residential development.
2. (B)
  Principal building façades shall include at least two (2) of the following design elements applied cohesively to the entirety of the face: changes in building height; building step-backs or recesses; fenestration; and/or changes in building material, pattern, texture, color, or use of accent materials. When a building has more than one principal building façade, such principal building façades shall be consistent in terms of design, materials, details, and treatment.
(2)
All exterior lighting shall be designed and constructed with cutoff and fully shielded fixtures that direct light downward and into the interior of the property and away from adjacent roads and properties.
(3)
Regulations concerning the net lot area, lot coverage and green area, lot width/frontage, yards, building height, intensity, accessory buildings, and other similar requirements for uses in the M-X-T Zone shall not apply. Instead, minimum green area, yards (setbacks) and building height shall be as required in the I-1 Zone. In addition, the applicant may propose these regulations on the site plan to be reviewed by DPIE and M-NCPPC staff and approved by DPIE.
(4)
Security fencing shall be effectively screened by a minimum depth of 40 feet of vegetation from all abutting residential properties and public rights-of-way. Security fencing shall not exceed ten (10) feet in height.
(5)
The requirements of the Landscape Manual shall apply.
(6)
The minimum number of required off-street parking spaces shall be equal to the minimum number of parking spaces required for "warehouse unit (except consolidated storage)" by Section 27-568, and the minimum number of required off-street loading spaces shall be equal to the minimum number of loading spaces required for "wholesale or warehouse unit (except consolidated storage)" by Section 27-582.
(7)
Regulations pertaining to signage shall be the same as those applicable to uses in the I-1 Zone as required by PART 12, Signs, of this Ordinance.
(8)
Driveways for ingress and egress shall be identified on the site plan and shall be located so as not to endanger pedestrians or create traffic hazards.
(9)
The applicant shall submit an acoustical study prepared by a professional acoustical engineer that demonstrates the use will not violate the maximum allowable noise levels (dBA) set forth in Subtitle 19 of this Code.

(CB-1-2021)

Effective on: 1/1/1901

Sec. 27-542. Purposes.

(a)

The purposes of the M-X-T Zone are:

(1)
To promote the orderly development and redevelopment of land in the vicinity of major interchanges, major intersections, major transit stops, and designated General Plan Centers so that these areas will enhance the economic status of the County and provide an expanding source of desirable employment and living opportunities for its citizens;
(2)
To implement recommendations in the approved General Plan, Master Plans, and Sector Plans, by creating compact, mixed-use, walkable communities enhanced by a mix of residential, commercial, recreational, open space, employment, and institutional uses;
(3)
To conserve the value of land and buildings by maximizing the public and private development potential inherent in the location of the zone, which might otherwise become scattered throughout and outside the County, to its detriment;
(4)
To promote the effective and optimum use of transit and reduce automobile use by locating a mix of residential and non-residential uses in proximity to one another and to transit facilities to facilitate walking, bicycle, and transit use;
(5)
To facilitate and encourage a twenty-four (24) hour environment to ensure continuing functioning of the project after workday hours through a maximum of activity, and the interaction between the uses and those who live, work in, or visit the area;
(6)
To encourage an appropriate horizontal and vertical mix of land uses which blend together harmoniously;
(7)
To create dynamic, functional relationships among individual uses within a distinctive visual character and identity;
(8)
To promote optimum land planning with greater efficiency through the use of economies of scale, savings in energy, innovative stormwater management techniques, and provision of public facilities and infrastructure beyond the scope of single-purpose projects;
(9)
To permit a flexible response to the market and promote economic vitality and investment; and
(10)
To allow freedom of architectural design in order to provide an opportunity and incentive to the developer to achieve excellence in physical, social, and economic planning.

(CB-84-1990; CB-47-1996; CB-78-2006)

Effective on: 1/1/1901

Sec. 27-543. Uses.

The uses allowed in the M-X-T Zone are as provided for in the Table of Uses (Division 2 of this Part), including the mix of uses required by Section 27-547(d).

(CB-78-2006)

Effective on: 1/1/1901

Sec. 27-544. Regulations.

(a)

(b)

(c)

(1)
For property not subject to Section 27-544(f)(2)(I), the design guidelines or standards intended to implement the development concept recommended by the Master Plan, Sector Plan, or the Sectional Map Amendment Zoning Change, and a referenced exhibit of record for the property shall provide guidance for the development regulations to be incorporated into the Conceptual Site Plan.
(2)
The limitations on the lot size and lot width requirements in Section 27-548(h) shall not apply.

(d)

Notwithstanding the provisions of Section 27-270, a grading permit may be issued as long as it is in conformance with an approved Conceptual Site Plan.

(e)

Mixed-Use Planned Community regulations.

(1)
A Mixed Use Planned Community shall conform to the purposes, regulations, and required findings and review process set forth in DIVISION 2 of this Part, for the M-X-T Zone, however, for property that is located in the E-I-A (Employment and Institutional Area) Zone and is subject to Sections 27-276, 27-500, and 27-501 of this Subtitle, the following regulations shall be advisory only.
(2)
It shall include retail, residential and office/employment uses. The use mixture shall consist of the following, based on the total gross floor area for residential, retail and office combined:

TOTAL GROSS FLOOR AREA	MIN.	MAX.
Residential (at least two different types)	50%	90%
Retail	10%	20%
Office/Employment	0%	40%

TOTAL GROSS FLOOR AREA	MIN.	MAX.
Residential (at least two different types)	50%	90%
Retail	10%	20%
Office/Employment	0%	40%

TOTAL GROSS FLOOR AREA	MIN.	MAX.
Residential (at least two different types)	50%	90%
Retail	10%	20%
Office/Employment	0%	40%

TOTAL GROSS FLOOR AREA	MIN.	MAX.
Residential (at least two different types)	50%	90%
Retail	10%	20%
Office/Employment	0%	40%

1. (3)
  It may include hotel uses. Hotel use is not included in the residential, retail or office/employment categories for purposes of calculating gross floor area for percentages of use. There is no percentage restriction applied to the hotel uses.
2. (4)
  It may provide at least one institutional or civic use, may have an integrated network of streets, sidewalks, and open space, public or private, and should give priority to public space and appropriate placement of institutional and civic uses.
3. (5)
  Where a conflict arises between E-I-A Zone requirements and M-X-T Zone requirements, the M-X-T requirements shall be followed.
4. (6)
  The community should be focused on a central public space that is surrounded by a combination of commercial, civic, cultural or recreational facilities.
  1. (A)
    The space should be a minimum of twenty-five (25) acres, and may include a lake.
  2. (B)
    It should be designed with adequate amenities to function as a fully shared space for the entire community.
5. (7)
  The community should contain additional, linked open space in the form of squares, greens and parks that are accessible, visible, safe and comfortable.
  1. (A)
    The open spaces should provide a variety of visual and physical experiences.
  2. (B)
    Some of these open spaces should be bordered by buildings and be visible from streets and buildings.
6. (8)
  The retail uses may be designed to:
  1. (A)
    Create a sense of place by creating a design that provides amenities such as plazas, parks, recreational opportunities, entertainment and cultural activities, public services and dining; and provides attractive project gateways and public spaces.
  2. (B)
    Create outdoor amenities, such as brick pavers, tree grates, decorative lighting, signs, banners, high quality street furniture and extensive landscaping, including mature trees.
  3. (C)
    Create attractive architecture by: using high quality building materials such as stone, brick or split-face block, and providing architectural elements such as façade articulation in fifty (50) foot to seventy-five (75) foot increments, second floor levels, dormer windows, canopies, arcades, varied roofscapes and customized shopfronts to create a street-like rhythm.
  4. (D)
    Promote attractiveness by designing attractive, quality façades of all commercial buildings where the façade is visible from public space; and completely screening loading, service, trash, HVAC and other unsightly functions.
  5. (E)
    Creating a retail area where, if the front of a retail store fronts a street: pedestrians may travel with ease, with attractive walkways and continuous street front experiences to maximize the quality of the pedestrian environment; crosswalks may run through and across the parking lots and drive aisles to connect all buildings and uses; sidewalks may be wide, appealing, shaded and configured for safe and comfortable travel; pedestrian walkways may be separated from vehicular circulation by planting beds, raised planters, seating walls, on-street parallel parking and/or structures; walking distances through parking lots may be minimized and located to form logical and safe pedestrian crossings, and walkways may be made more pedestrian-friendly through the use of arcades, canopies, street trees, benches and tables and chairs.
  6. (F)
    Shield and enhance the surrounding view through techniques such as screening views of parking lots along the main frontal streets with green bermed and landscaped strips, or a low brick (or other quality material) wall, in order to screen parking from the public frontage streets, and ensuring that attractive buildings are to be visible from the public frontage streets.
  7. (G)
    Minimize expanse of parking lots through the use of landscape islands or the location of buildings and streets.
  8. (H)
    Provide a hierarchy of pedestrian-scaled, direct and indirect, high quality, energy efficient lighting that illuminates walkways, ensures safety, highlights buildings and landmark elements, and provides sight lines to other retail uses.
  9. (I)
    Create a signage package for high quality signs and sign standards and requirements for all retail and office tenants and owners, which shall address size, location, square footage, materials, logos, colors and lighting. For office and retail uses, a Conceptual Site Plan for Signage shall be approved prior to release of any sign permits. All sign permits shall conform to the approved Conceptual Site Plan for Signage.
  10. (J)
    Enhance retail pad sites designs to be compatible with the main retail component. If the retail pad sites are located along the public frontage streets, parking should be located to the rear and sides of the pad sites.
  11. (K)
    Green areas should be provided between pad sites.
  12. (L)
    Restaurants adjacent to the central public space/lake should have attractive outdoor seating areas.
7. (9)
  Residential uses should meet the following design standards:
  1. (A)
    Single family detached.
    (i)
    There should be a range of lot sizes, with a minimum square footage on any lot of two thousand, two hundred (2,200) square feet of finished living space, except as modified herein below.
    (ii)
    At least twenty percent (20%) of the houses should be a minimum of two thousand, six hundred (2,600) square feet of finished living space and a maximum of 20% of the houses may be less than two thousand, two hundred (2,200) square feet of finished living space.
    (iii)
    All streets, whether public or private, should have sidewalks.
  2. (B)
    Multifamily.
    (i)
    Building materials should be high quality, enduring and distinctive.
    (ii)
    Use of siding should be limited.
    (iii)
    Amenities such as are typically provided for luxury rental and condo projects should be provided.

(f)
Regional Urban Community Regulations.
1. (1)
  A Regional Urban Community shall conform to the definitions, regulations, and requirements set forth in Sections 27-107.01, 27-276, and 27-508 of the Zoning Ordinance.
2. (2)
  In addition to the definition, regulations, and other requirements set forth in Sections 27-107.01, 27-276, and 27-508 of this Code, the following regulations shall apply to a Regional Urban Community in the M-X-T Zone:
  1. (A)
    The maximum number and type of dwelling units shall be determined at the time of the Conceptual Site Plan approval.
  2. (B)
    For Regional Urban Community developments in the M-X-T Zone, the woodland conservation and afforestation thresholds shall be fifteen percent (15%) with no requirement for on-site mitigation. A fee-in-lieu of $0.30 per square foot shall be required.
  3. (C)
    Innovative stormwater management techniques may be used upon a finding that the techniques meet the purpose of the M-X-T Zone as set forth in Section 27-541(a)(2), including but not limited to the utilization of stream channel and floodplain enhancement and restoration. Stream restoration may be utilized to meet channel protection and water quality volumes.
  4. (D)
    No setback shall be required from the 100-year floodplain to the lot line. There shall be a twenty-five (25) foot setback from the building to the 100-year floodplain for residences as a building restriction line as set forth in Section 24-129.
  5. (E)
    The maximum number of townhouse dwelling units per building group shall be ten (10). No more than thirty percent (30%) of the building groups shall contain nine (9) to ten (10) dwelling units. All other townhouse building groups shall contain no more than eight (8) dwelling units.
  6. (F)
    The number of parking spaces required in the core area of the Regional Urban Community are to be calculated by the applicant and submitted for Planning Board approval at the time of Detailed Site Plan approval. The applicant shall submit the methodology, assumptions, and data used in performing the calculations with the Detailed Site Plan. The number of parking spaces within the core area of the Regional Urban Community shall be calculated based on the procedures described in Sections 27-574(b) and (c).
  7. (G)
    End units on townhouse building groups shall be a minimum of twenty (20) feet in width and the minimum building width of a contiguous attached townhouse building group shall be sixteen (16) feet per unit. A variety of townhouse sizes shall be provided, with a minimum gross living space of a townhouse unit shall be 1,500 square feet except that ten percent (10%) of the townhouse units may be reduced to 1,200 square feet.
  8. (H)
    The minimum front setback from any public or private right-of-way may be reduced to seven (7) feet. In the core area, the public maintenance shall be one foot from back-of-curb to one foot to back-of-curb.
  9. (I)
    In the event that a major employment use or center is identified after the adoption of the applicable Sector Plan, the Conceptual Site Plan may be amended to provide appropriate guidelines for such development to be applied at Detailed Site Plan to integrate the use into the surrounding development pattern. Such guidelines may include architecture, streetscape amenities, buffers and landscaping. Such guidelines shall be flexible to accommodate the requirements of the proposed employment use or center.

(CB-1-1989; CB-84-1990; CB-47-1996; CB-44-1997; CB-13-2002; CB-78-2006; CB-29-2008; CB-27-2015; CB-73-2016; CB-19-2019)

Effective on: 1/1/1901

Sec. 27-545. Optional method of development.

(a)

Purposes.

(1)
Under the optional method of development, greater densities shall be granted, in increments of up to a maximum floor area ratio of eight (8.0), for each of the uses, improvements, and amenities (listed in Subsection (b)) which are provided by the developer and are available for public use. The presence of these facilities and amenities is intended:
1. (A)
  To make possible a livable environment capable of supporting the greater density and intensity of development permitted;
2. (B)
  To encourage a high degree of urban design;
3. (C)
  To increase pedestrian-oriented activities and amenities; and
4. (D)
  To provide uses which encourage a lively, twenty-four (24) hour cycle for the development.

(b)

Bonus incentives.

(1)
Open arcade.
1. (A)
  Three (3) gross square feet shall be permitted to be added to the gross floor area of the building for each one (1) square foot of open arcade provided. For the purpose of this incentive, an open arcade is a continuous, covered area (excluding areas covered by such things as canopies), located along the perimeter of a building and designed for pedestrian uses. The arcade shall adjoin a street, plaza, or court and, except for the columns, piers, or arches which support the building or roof, the arcade shall be open to the street, plaza, or court. An open arcade shall have an unobstructed passageway at least ten (10) feet wide for its entire length. If an open arcade adjoins a street, it shall (at both ends) connect with other open arcades or be a part of a continuous sidewalk along the street.
(2)
Enclosed pedestrian space.
1. (A)
  Four (4) gross square feet shall be permitted to be added to the gross floor area of the building for each one (1) square foot of enclosed pedestrian space provided. For the purpose of this incentive, an enclosed pedestrian space is a wholly enclosed area located within a building and designed for pedestrian use. The space may be covered by a roof of a transparent material which exposes the area to natural light. The enclosed pedestrian area shall be directly accessible to the public, have a minimum ceiling height of twenty (20) feet, and have at least one thousand two hundred (1,200) square feet of gross floor area. The space shall be appropriately lighted, and at least three (3) of the following shall be provided: balconies with inter-floor connections; planting or landscaping; ornamental fountains; statuary; furniture; kiosks; works of art; overhead banners, pennants, mobiles, or other decorative elements; or other similar features.
(3)
Theater.
1. (A)
  Four (4) gross square feet shall be permitted to be added to the gross floor area of the building for each one (1) square foot of theater or other performing arts facility containing a minimum of one hundred fifty (150) seats.
(4)
Residential use.
1. (A)
  Additional gross floor area equal to a floor area ratio (FAR) of one (1.0) shall be permitted where twenty (20) or more dwelling units are provided.
(5)
Rooftop activities.
1. (A)
  One (1) gross square foot shall be permitted to be added to the gross floor area of the building for each one (1) square foot of landscaped rooftop provided. The area shall be accessible to the public and shall contain observation and sitting areas.
2. (B)
  One (1) gross square foot shall be permitted to be added to the gross floor area of the building for each one (1) square foot of restaurant with outdoor seating, or for each one (1) square foot of outdoor recreational facilities, provided on the rooftop.
(6)
Outdoor plaza.
1. (A)
  Eight (8) gross square feet shall be permitted to be added to the gross floor area of the building for every one (1) square foot of outdoor plaza provided. The plaza shall be open to the sky, except for street furniture, landscaping, or similar items, or any sun or rain shades (not including open arcades) which cover not more than twenty percent (20%) of the plaza area. The plaza shall reflect a high degree of urban design which encourages a variety of human activities, such as walking and sitting in a pleasant public space. The plaza, and any buildings on the south side of the plaza, shall be arranged and designed to admit sunlight to the plaza. The plaza shall contain extensive plantings, a range of seating options, other street furniture, and works of art or water features, such as statuary, fountains, and pools. The plaza shall be surfaced in textured concrete, masonry, ceramic paving units, wood, or other approved special surfacing material. Lighting shall be furnished which provides for both safety and visual effect. The minimum size of a plaza shall be eighty (80) feet by one hundred (100) feet.

(CB-78-2006)

Effective on: 1/1/1901

Sec. 27-546. Site plans.

(a)

A Conceptual Site Plan and a Detailed Site Plan shall be approved for all uses and improvements, in accordance with PART 3, Division 9, of this Subtitle.

(b)

In addition to the information required by PART 3, Division 9, for Conceptual Site Plans, the following information shall be included on Plans in the M-X-T Zone:

(1)
A general description of the pedestrian system proposed;
(2)
The proposed floor area ratio;
(3)
The type and location of uses proposed, and the range of square footage anticipated to be devoted to each;
(4)
A general description of any incentives to be used under the optional method of development;
(5)
Areas proposed for landscaping and screening;
(6)
The proposed sequence of development; and
(7)
The physical and functional relationship of the project uses and components.
(8)
Property placed in the M-X-T Zone by a Sectional Map Amendment shall provide supporting evidence which shows whether the proposed development will exceed the capacity of transportation facilities that are existing, are under construction, for which one hundred percent (100%) of construction funds are allocated within the adopted County Capital Improvement Program or within the current State Consolidated Transportation Program, will be provided by the applicant (either wholly or, where authorized pursuant to Section 24-124(a)(8) of the County Subdivision Regulations, through participation in a road club), or are incorporated in a specific public facilities financing and implementation program.

(c)

In addition to the information required by PART 3, Division 9, for Detailed Site Plans, the following information shall be included on Plans in the M-X-T Zone:

(1)
The proposed drainage system;
(2)
All improvements and uses proposed on the property;
(3)
The proposed floor area ratio of the project, and detailed description of any bonus incentives to be used; and
(4)
Supporting evidence which shows that the proposed development will be adequately served within a reasonable period of time with existing or programmed public facilities shown in the adopted County Capital Improvement Program or within the current State Consolidated Transportation Program, will be provided by the applicant (either wholly or, where authorized pursuant to Section 24-124(a)(8) of the County Subdivision Regulations, through participation in a road club), or are incorporated in a specific public facilities financing and implementation program, if more than six (6) years have elapsed since a finding of adequacy was made at the time of rezoning through a Zoning Map Amendment, Conceptual Site Plan approval, or preliminary plan approval, whichever occurred last.

(d)

In addition to the findings required for the Planning Board to approve either the Conceptual or Detailed Site Plan (PART 3, DIVISION 9), the Planning Board shall also find that:

(1)
The proposed development is in conformance with the purposes and other provisions of this Division;
(2)
For property placed in the M-X-T Zone through a Sectional Map Amendment approved after October 1, 2006, the proposed development is in conformance with the design guidelines or standards intended to implement the development concept recommended by the Master Plan, Sector Plan, or Sectional Map Amendment Zoning Change or include a major employment use or center which is consistent with the economic development strategies of the Sector Plan or General Plan;
(3)
The proposed development has an outward orientation which either is physically and visually integrated with existing adjacent development or catalyzes adjacent community improvement and rejuvenation;
(4)
The proposed development is compatible with existing and proposed development in the vicinity;
(5)
The mix of uses, arrangement and design of buildings and other improvements, and provision of public amenities reflect a cohesive development capable of sustaining an independent environment of continuing quality and stability;
(6)
If the development is staged, each building phase is designed as a self-sufficient entity, while allowing for effective integration of subsequent phases;
(7)
The pedestrian system is convenient and is comprehensively designed to encourage pedestrian activity within the development;
(8)
On the Detailed Site Plan, in areas of the development which are to be used for pedestrian activities or as gathering places for people, adequate attention has been paid to human scale, high quality urban design, and other amenities, such as the types and textures of materials, landscaping and screening, street furniture, and lighting (natural and artificial); and
(9)
On a Conceptual Site Plan for property placed in the M-X-T Zone by a Sectional Map Amendment, transportation facilities that are existing; that are under construction; or for which one hundred percent (100%) of construction funds are allocated within the adopted County Capital Improvement Program, or the current State Consolidated Transportation Program, will be provided by the applicant (either wholly or, where authorized pursuant to Section 24-124(a)(8) of the County Subdivision Regulations, through participation in a road club), or are incorporated in an approved public facilities financing and implementation program, will be adequate to carry anticipated traffic for the proposed development. The finding by the Council of adequate transportation facilities at the time of Conceptual Site Plan approval shall not prevent the Planning Board from later amending this finding during its review of subdivision plats.
(10)
On the Detailed Site Plan, if more than six (6) years have elapsed since a finding of adequacy was made at the time of rezoning through a Zoning Map Amendment, Conceptual Site Plan approval, or preliminary plat approval, whichever occurred last, the development will be adequately served within a reasonable period of time with existing or programmed public facilities shown in the adopted County Capital Improvement Program, within the current State Consolidated Transportation Program, or to be provided by the applicant (either wholly or, where authorized pursuant to Section 24-124(a)(8) of the County Subdivision Regulations, through participation in a road club).
(11)
On a property or parcel zoned E-I-A or M-X-T and containing a minimum of two hundred fifty (250) acres, a Mixed-Use Planned Community including a combination of residential, employment, commercial and institutional uses may be approved in accordance with the provisions set forth in this Section and Section 27-548.

(CB-1-1989; CB-26-1991; CB-13-2002; CB-78-2006; CB-23-2015; CB-19-2019)

Effective on: 1/1/1901

Sec. 27-546.01. Purposes.

(a)

The purposes of the Mixed Use Community Zone are to:

(1)
Create a comprehensively planned community with a balanced mix of residential, commercial, recreational, and public uses;
(2)
Establish a system of flexible development standards which will encourage innovation and provide a superior alternative to conventional development patterns;
(3)
Provide effective on-site density transfers and cluster techniques to promote public facility efficiency, walkable neighborhoods, and the preservation of significant open spaces;
(4)
Provide a well-defined central focal point that will provide gathering places for the community to participate in neighborhood affairs and activities;
(5)
Design a community with a distinct physical identity, expressed through a coherent and compact land plan, consistent treatment of common design elements such as streetscape and signs, and emphasis on the public realm;
(6)
Provide a variety of lot sizes and dwelling types so as to provide housing for a spectrum of incomes, ages, and family structures;
(7)
Design a comprehensive network of substantial open space tracts superior to what could be obtained under conventional development techniques to serve a variety of scenic, recreational, and environmental conservation purposes;
(8)
Preserve environmentally sensitive areas and significant natural features;
(9)
Arrange land uses to be in physical proximity, and link these uses with pedestrian trails and sidewalks;
(10)
Permit a flexible response to the market; and
(11)
Provide a multistep review process which will assure the compatibility of proposed land uses with existing and proposed surrounding land uses, and existing and proposed public facilities and services, so as to promote the health, safety, and welfare of the present and future inhabitants of Prince George's County.

(CB-63-1992; CB-47-1996)

Effective on: 1/1/1901

Sec. 27-546.02. Definitions.

(a)

Terms in this Subdivision and throughout Subtitle 27, when referring to the M-X-C Zone, are defined as follows:

(1)
Community Use Area: An area, utilized in the M-X-C Zone, which provides undisturbed open space, recreational facilities, parks, public and homeowner uses and amenities. Buildings and parking lots shall be permitted in Community Use Areas only if they are public, owned by a homeowners association, or for not-for-profit uses such as a school, library, fire and rescue station, post office, museum or art gallery, nature center, or community building. Parking lots are permitted only as an accessory use to an approved use on the same lot. Recreational facilities such as athletic fields and swimming pools are encouraged. Golf courses and riding stables are permitted only if they are public, not-for- profit, or homeowner association-owned, and if they provide a significant and specific benefit to the community at large, such as public trails or public access.
(2)
Nonresidential Areas: An area, utilized in the M-X-C Zone, consisting primarily of private institutional, private educational, governmental administrative buildings, civic, judicial, office, retail hotel, motel, and other commercial uses, including all other nonresidential uses set forth in Division 3 of PART 10 of this Subtitle.
(3)
Other Residential Areas: An area, utilized in the M-X-C Zone, consisting primarily of the following types of residential dwellings: multifamily dwellings, semidetached dwellings, three-family dwellings, triple-attached dwellings, two-family dwellings, townhouses, or any combination of the foregoing.
(4)
Single-Family Areas: An area, utilized in the M-X-C Zone, which consists primarily of one-family detached dwellings.

(CB-63-1992)

Effective on: 1/1/1901

Sec. 27-546.03. Uses.

(a)

The uses allowed in the M-X-C Zone are as provided for in the Table of Uses (Division 3 of this Part).

(b)

Each Preliminary Development Plan in the M-X-C Zone shall comply with the following minimum and maximum requirements for use areas:

	MINIMUM PERCENTAGE OF GROSS AREA OF THE ZONE	MAXIMUM PERCENTAGE OF GROSS AREA OF THE ZONE
Community Use Areas	30%	N/A
Single-Family - Low Density Residential	10%	N/A
Single-Family - Medium Density Residential	20%	N/A
Other Residential: In no event shall the number of townhouses exceed 25% of the total number of dwellings in the Zone	N/A	15%
Nonresidential Areas: In no event shall service or trade uses exceed 10% of the gross area of the Zone	5%	20%

	MINIMUM PERCENTAGE OF GROSS AREA OF THE ZONE	MAXIMUM PERCENTAGE OF GROSS AREA OF THE ZONE
Community Use Areas	30%	N/A
Single-Family - Low Density Residential	10%	N/A
Single-Family - Medium Density Residential	20%	N/A
Other Residential: In no event shall the number of townhouses exceed 25% of the total number of dwellings in the Zone	N/A	15%
Nonresidential Areas: In no event shall service or trade uses exceed 10% of the gross area of the Zone	5%	20%

	MINIMUM PERCENTAGE OF GROSS AREA OF THE ZONE	MAXIMUM PERCENTAGE OF GROSS AREA OF THE ZONE
Community Use Areas	30%	N/A
Single-Family - Low Density Residential	10%	N/A
Single-Family - Medium Density Residential	20%	N/A
Other Residential: In no event shall the number of townhouses exceed 25% of the total number of dwellings in the Zone	N/A	15%
Nonresidential Areas: In no event shall service or trade uses exceed 10% of the gross area of the Zone	5%	20%

	MINIMUM PERCENTAGE OF GROSS AREA OF THE ZONE	MAXIMUM PERCENTAGE OF GROSS AREA OF THE ZONE
Community Use Areas	30%	N/A
Single-Family - Low Density Residential	10%	N/A
Single-Family - Medium Density Residential	20%	N/A
Other Residential: In no event shall the number of townhouses exceed 25% of the total number of dwellings in the Zone	N/A	15%
Nonresidential Areas: In no event shall service or trade uses exceed 10% of the gross area of the Zone	5%	20%

(c)
Single-Family Areas.
1. (1)
  Other uses which may be allowed in these areas are home occupations, day care centers, group homes, tourist homes, churches, and other similar uses, as provided for in Section 27-547. All permitted uses other than one-family detached dwellings shall be approved as part of the textual material for the Comprehensive Sketch Plan and the Final Development Plan. No dwelling units other than one-family detached shall be allowed in this area.
(d)
Other Residential Areas.
1. (1)
  Other uses which may be allowed in these areas are home occupations, day care centers, group homes, tourist homes, churches, and other similar uses, as provided for in Section 27-547. All permitted uses other than one-family detached dwellings shall be approved as part of the textual material for the Comprehensive Sketch Plan and the Final Development Plan. One-family detached dwelling units are permitted in this area.
(e)
Nonresidential Areas.
1. (1)
  In the Nonresidential Areas, limited Other Residential uses are permitted in conjunction with buildings containing nonresidential uses.
2. (2)
  The maximum floor area ratio for all commercial uses shall be four-tenths (0.4).
(f)
Community Use Areas.
1. (1)
  A minimum amount of the Community Use Area shall be outside the one hundred (100) year floodplain and wetlands. For the maximum density permitted in the M-X-C Zone, the minimum amount of area outside the one hundred (100) year floodplain and wetlands shall be twenty-five percent (25%) of the Community Use Area. For any density proposed in the Preliminary Development Plan which is lower than the maximum density permitted in the Zone, the minimum amount shall be proportionately lower at the rate of three percent (3%) for each one-tenth (0.1) in density, but in no case shall the area outside the one hundred (100) year floodplain and wetlands be less than ten percent (10%).
2. (2)
  Buildings and parking lots shall not exceed fifteen percent (15%) of the Community Use Area.
3. (3)
  The Community Use Areas shall, to the extent possible, include all sensitive natural features, including streams and stream buffers, slopes over twenty-five percent (25%), slopes over fifteen percent (15%) on highly erodible soils, one hundred (100) year floodplain, wetlands, and wetland buffers, and woodland conservation areas. Where it is feasible within the overall development scheme, these natural areas may be incorporated into other development areas, as long as they are, to the extent possible, located outside the limits of disturbance.
4. (4)
  All lands approved as Community Use Areas on the Final Development Plan shall be conclusively presumed to satisfy the requirements of this Section.
(g)
For the purposes of calculating land use areas, land within public rights-of-way shall be attributed to the adjoining use. If the right-of-way is between two different use areas, a proportionate percentage of the right-of-way shall be attributed to each use. If the road adjoins a Community Use Area, no part of the right-of-way shall be attributed to the Community Use Area. Attribution of land which adjoins the Community Use Area shall be divided proportionately between the closest adjacent uses.
(h)
Uses located within a land use area which are not the primary uses for which the area is intended and which are not compatible with adjoining uses shall be made compatible through development standards such as height restrictions, buffers, and building setbacks. These development standards shall be established through the Comprehensive Sketch Plan and the Final Development Plan. A determination of the compatibility of uses shall be based on an evaluation of such elements as noise, outdoor loading spaces, exterior storage, dust, fumes, vibration, litter, and bright lighting during the evening or at night.

(CB-63-1992; CB-56-1996)

Effective on: 1/1/1901

Sec. 27-546.04. Other regulations.

(a)

(b)

(1)
In Single-Family - Low Density use areas, the maximum number of dwellings permitted shall not exceed two (2) dwelling units per gross acreage of all Single-Family - Low Density use areas in the zone.
(2)
In Single-Family - Medium Density use areas, the maximum number of dwellings permitted shall not exceed four (4) dwelling units per gross acreage of all Single-Family - Medium Density use areas in the zone.
(3)
In Other Residential use areas, the maximum number of dwellings permitted shall not exceed fifteen (15) dwelling units per gross acreage of all Other Residential use areas in the zone.

(c)

The use of land within the M-X-C Zone shall be limited to those uses specified in the Final Development Plan.

(d)

Except for accessory uses to one-family dwellings, no structure within an M-X-C Zone shall be:

(1)
Erected except in accordance with the Final Development Plan; or
(2)
Used for any purpose other than the use designated for it on the Final Development Plan.

(e)

(f)

Development in this zone shall contain one or more neighborhood centers intended to create a distinct focal point(s) for the community:

(1)
The neighborhood center shall be recognizable, compact, and functionally diverse;
(2)
The neighborhood center shall be located in proximity to the highest residential concentration, and in general, residential densities shall decrease in proportion to their distance from the neighborhood center;
(3)
The neighborhood center shall be linked by pedestrian trails and sidewalks to all parts of the area that it serves, and shall include facilities that encourage modes of transportation other than driving, such as bus shelters (if public transportation is available) and bike racks at convenient locations;
(4)
The neighborhood center shall be arranged in a network of interconnecting streets to provide a strong sense of community and to provide drivers and pedestrians with alternate routes. The streets shall connect with other uses in the development through a logical extension of the street network;
(5)
Community uses, such as churches and other places of worship, day care centers, and community recreational uses are an integral part of the neighborhood center concept;
(6)
The neighborhood center is intended to include a variety of retail shops and services to support the day-to-day needs of the residents, complemented by other compatible businesses and civic activities, with a residential component, if desired; and
(7)
The neighborhood center shall be focused on a neighborhood green or park, which shall provide outdoor space for collective social activity, recreation, and visual enjoyment, shall be designed with some recognizable edges or a sense of enclosure, be easily identifiable and accessible to all residents, and will preferably be in proximity to a community building.

(g)

(h)

(i)

(j)

(CB-63-1992; CB-47-1996; CB-56-1996)

Effective on: 1/1/1901

Sec. 27-546.05. Comprehensive Sketch Plan.

(a)

Filing.

(1)
The Comprehensive Sketch Plan may be filed with the Planning Board following approval of the Preliminary Development Plan. It must be filed prior to the preliminary plat of subdivision. The Comprehensive Sketch Plan may cover all or a portion of the entire area included in the Preliminary Development Plan.

(b)

Fees.

(1)
Upon filing a Comprehensive Sketch Plan, the applicant shall pay to the Planning Board a fee to help defray the costs related to processing the application. The scale of fees shall be determined by the Planning Board. A reduction in the fee may be permitted by the Planning Board, if it finds that payment will be an undue hardship upon the applicant.

(c)

Contents of Comprehensive Sketch Plan.

(1)
The applicant shall demonstrate to the Planning Board that, in the preparation of the Comprehensive Sketch Plan and supporting documents, he has devoted adequate attention to environmental relationships, design, landscaping, engineering factors, and traffic factors.
(2)
The Comprehensive Sketch Plan shall consist of the following:
1. (A)
  A drawing or series of drawings (in the form of prints or other media acceptable to the Planning Board and supplied in reasonable quantities as required by the Planning Board or designee) showing the proposed development of the property at an appropriate scale, generally either one (1) inch equals two hundred (200) feet or one (1) inch equals one hundred (100) feet. The drawing(s) shall show the total number of acres on the site; and the approximate boundaries, acreages, and densities or intensities of all proposed residential and nonresidential land use areas on the site, including Community Use Areas;
2. (B)
  The zoning of adjoining properties;
3. (C)
  The location of all existing and proposed public streets, roads, and utilities;
4. (D)
  The location of all existing site and environmental features shown on the approved Natural Resource Inventory;
5. (E)
  A Type 1 Tree Conservation Plan prepared in conformance with Division 2 of Subtitle 25 and The Woodland and Wildlife Habitat Conservation Technical Manual or Standard Letter of Exemption;
6. (F)
  An approved Natural Resource Inventory;
7. (G)
  A statement of justification describing how the proposed design preserves and restores the regulated environmental features to the fullest extent possible;
8. (H)
  The general location and type of conceptual design elements, such as special gateway treatment areas, focal points, major intersections, views to be screened, enhanced, controlled, or emphasized, and areas appropriate for special architectural treatment;
9. (I)
  The general location and type of recreational facilities, trails, and pedestrian circulation and amenities;
10. (J)
  Text material setting forth criteria, standards, and design principles for the following:
  1. (i)
    The permitted general use or specific use as hereinafter defined, for each land use area. Uses may be designated on the Comprehensive Sketch Plan and the Final Development Plan either as specific uses or general uses. If the criteria in the plan stipulate a general use, any one of the uses within that category is permitted, and the specific use need not be specified until the Detailed Site Plan is approved. If a specific use is stipulated in the criteria for the Plan, then the structure, lot, or parcel must be used for that specific use only. Specific uses which shall be stipulated as part of the criteria in the Comprehensive Sketch Plan and Final Development Plan are major recreational facilities, community buildings, churches, schools, public buildings, and retail centers;
  2. (ii)
    Height limitations, front, side, and rear yard areas, setback provisions, and lot coverage requirements, stated generally or specifically with respect to particular improvements or types of improvements;
  3. (iii)
    A comprehensive landscape program for the development;
  4. (iv)
    A comprehensive, integrated public street system for the development pursuant to Section 27-546.04(i), if the street plan described in that Section has not been previously submitted and approved by the Planning Board;
  5. (v)
    Supporting evidence which shows whether the transportation facilities which are existing, under construction, or included in the adopted County Capital Improvement Program or the current State Consolidated Transportation Program will be adequate to carry anticipated traffic;
11. (K)
  The estimated residential or employment population for each land use area;
12. (L)
  Where a Comprehensive Sketch Plan proposes to include an adaptive use of a Historic Site, the application shall include:
  1. (i)
    Text describing the nature of the proposed adaptive use, including a description of how the use will be integrated into the design and theme of the Historic Site;
  2. (ii)
    A preliminary evaluation of historic landscape features through field investigation; and
  3. (iii)
    Preliminary architectural elevations within the environmental setting of the Historic Site.

(d)

Planning Board Action.

(1)
The Planning Board shall hold a public hearing prior to the approval of a Comprehensive Sketch Plan.
(2)
Prior to approving a Comprehensive Sketch Plan, the Planning Board shall find that:
1. (A)
  The proposed Comprehensive Sketch Plan is generally consistent with the approved Preliminary Development Plan;
2. (B)
  The proposed plan is in conformance with the purposes and other provisions of this Division;
3. (C)
  The proposed plan incorporates design and planning techniques that will make it compatible with existing and proposed development in the vicinity;
4. (D)
  The neighborhood center, if the subject application includes this element, is of sufficient size and proposes a mix of uses and a physical design that will create a distinct focal point for the community;
5. (E)
  The pedestrian system is convenient and is comprehensively planned to encourage pedestrian activity, especially in proximity to the neighborhood center;
6. (F)
  The overall design, mix of uses, and other improvements reflect a cohesive development of continuing quality and stability, while allowing for effective integration of subsequent phases;
7. (G)
  Transportation facilities which are existing, under construction, included in the adopted County Capital Improvement Program or current State Consolidated Transportation Program, or will be otherwise provided, will be adequate to carry anticipated traffic;
(3)
An approved Comprehensive Sketch Plan shall remain valid indefinitely.

(e)

Appeal.

(1)
The Planning Board's decision on a Comprehensive Sketch Plan may be appealed to the District Council upon petition by any person of record. The petition shall be filed with the Clerk of the Council within thirty (30) days after the date of the notice of the Planning Board's decision. The District Council may vote to review the Planning Board's decision on its own motion within thirty (30) days after the date of the notice.
(2)
The Clerk of the Council shall notify the Planning Board of any appeal or review decision. Within seven (7) calendar days after receiving this notice, the Planning Board shall transmit to the District Council a copy of the Comprehensive Sketch Plan, all written evidence and materials submitted for consideration by the Planning Board, a transcript of the public hearing on the Comprehensive Sketch Plan, and any additional information or explanatory material deemed appropriate.
(3)
The District Council shall schedule a public hearing on the appeal or review. Testimony at the hearing shall be limited to the facts and information contained within the record made at the hearing before the Planning Board. In addition, the Council may take judicial notice of any evidence contained in the record of any earlier phase of the approval process relating to all or a portion of the same property, including the approval of a preliminary plat of subdivision.
(4)
Within sixty (60) days after the close of the Council's hearing, the Council shall affirm, reverse, or modify the decision of the Planning Board, or return the Comprehensive Sketch Plan to the Planning Board to take further testimony or reconsider its decision. Where the Council approves a Comprehensive Sketch Plan, it shall make the same findings that are required to be made by the Planning Board. If the Council fails to act within sixty (60) days, the Planning Board's decision is automatically affirmed.
(5)
The Council shall give its decision in writing, stating the reasons for its action. Copies of the decision shall be sent to all persons of record and the Planning Board.

(f)

Amendments.

(1)
An amendment may be requested by the original applicant or such other person or entity designated by the original applicant.
(2)
All amendments of approved Comprehensive Sketch Plans shall be made in accordance with the provisions for initial approval.

(CB-63-1992; CB-47-1996; CB-99-1996; CB-13-1997; CB-1-2004; CB-42-2004; CB-28-2010; CB-34-2011)

Effective on: 1/1/1901

Sec. 27-546.06. Final Development Plan.

(a)

Filing.

(1)
The Final Development Plan may be filed with the Planning Board after the expiration of the appeal period following approval of the Comprehensive Sketch Plan, and must be filed concurrently with the preliminary plat of subdivision. The Final Development Plan may cover the entire area or any portion of the area included in the Comprehensive Sketch Plan.

(b)

Fees.

(1)
Upon filing a Final Development Plan, the applicant shall pay to the Planning Board a fee to help defray the costs related to processing the application. The scale of fees shall be determined by the Planning Board. A reduction in the fee may be permitted by the Planning Board, if it finds that payment will be an undue hardship upon the applicant.

(c)

Contents of the Final Development Plan.

(1)
The Final Development Plan shall consist of:
1. (A)
  A drawing or series of drawings, at an appropriate scale, of generally either one (1) inch equals two hundred (200) feet or one (1) inch equals one hundred (100) feet, setting forth the precise boundaries of the proposed land uses by courses and distances and the precise acreage of the proposed land uses;
2. (B)
  Text material (criteria) which shall be substantially in the form approved by the Planning Board as part of the Comprehensive Sketch Plan;
3. (C)
  The number of residential units proposed; and
4. (D)
  Supporting evidence which shows whether the proposed development will exceed the capacity of transportation facilities that are existing, under construction, or for which one hundred percent (100%) of construction funds are allocated within the adopted County Capital Improvement Program or within the current State Consolidated Transportation Program.

(d)

Planning Board action.

(1)
The Planning Board shall hold a public hearing prior to the approval of a Final Development Plan.
(2)
Prior to approving a Final Development Plan, the Planning Board shall make the following findings:
1. (A)
  The proposed plan generally conforms to the Comprehensive Sketch Plan;
2. (B)
  The overall design, mix of uses, and other improvements reflect a cohesive development of continuing quality and stability, while allowing for effective integration of subsequent phases;
3. (C)
  Transportation facilities (including streets and public transit), which are existing; which are under construction; or for which one hundred percent (100%) of the construction funds are allocated within the adopted County Capital Improvement Program, within the current State Consolidated Transportation Program, or will be otherwise provided, will be adequate to carry anticipated traffic.
(3)
An approved Final Development Plan shall remain valid indefinitely.

(e)

Appeal.

(1)
The Planning Board's decision on a Final Development Plan may be appealed to the District Council upon petition by any person of record. The petition shall be filed with the Clerk of the Council within thirty (30) days after the date of the notice of the Planning Board's decision. The District Council may vote to review the Planning Board's decision on its own motion within thirty (30) days after the date of the notice.
(2)
The Clerk of the Council shall notify the Planning Board of any appeal or review decision. Within seven (7) calendar days after receiving this notice, the Planning Board shall transmit to the District Council a copy of the Final Development Plan, all written evidence and materials submitted for consideration by the Planning Board, a transcript of the public hearing on the Final Development Plan, and any additional information or explanatory material deemed appropriate.
(3)
The District Council shall schedule a public hearing on the appeal or review. Testimony at the hearing shall be limited to the facts and information contained within the record made at the hearing before the Planning Board. In addition, the Council may take judicial notice of any evidence contained in the record of any earlier phase of the approval process relating to all or a portion of the same property, including the approval of a preliminary plat of subdivision.
(4)
Within sixty (60) days after the close of the Council's hearing, the Council shall affirm, re verse, or modify the decision of the Planning Board, or return the Final Development Plan to the Planning Board to take further testimony or reconsider its decision. Where the Council approves a Final Development Plan, it shall make the same findings that are required to be made by the Planning Board. If the Council fails to act within sixty (60) days, the Planning Board's decision is automatically affirmed.
(5)
The Council shall give its decision in writing, stating the reasons for its action. Copies of the decision shall be sent to all persons of record and the Planning Board.
(6)
Upon approval, the Final Development Plan shall be recorded among the Land Records of Prince George's County, and the provisions thereof as to land use shall bind the property covered thereby as provided herein with the full force and effect of specific Zoning Regulations. After such recordation, no new structure shall be built, no new addition to existing structures made, and no change in primary use effected different from that permitted in the Final Development Plan except by an amendment to the Final Development Plan.

(f)

Amendment of Final Development Plan.

(1)
An amendment may be requested by the original applicant or such other person or entity designated by the original applicant, and the proposed amendment shall be governed by all of the foregoing provisions relating to the approval of the Final Development Plan. Changes in accessory uses shall be allowed pursuant to applications for certificates of occupancy.
(2)
No amendment to a Final Development Plan shall affect any property subject to such Final Development Plan for which a building permit has been issued and upon which construction has commenced pursuant to the permit as of the effective date of such amendment. During the consideration of any such amendment, the Final Development Plan shall continue to be effective until amended in the manner described above.

(CB-63-1992; CB-47-1996; CB-99-1996; CB-13-1997; CB-1-2004; CB-42-2004)

Effective on: 1/1/1901

Sec. 27-546.07. Detailed Site Plan.

(a)

(b)

In addition to the information required by PART 3, Division 9, the following information shall be included on Plans in the M-X-C Zone:

(1)
The proposed drainage system;
(2)
Architectural plans, including floor plans of residential structures and exterior elevations of all structures; and
(3)
A drawing or drawings of all signs, either freestanding or otherwise, proposed to be erected on land or attached to buildings within the area covered by the Detailed Site Plan.

(c)

In addition to the findings required for the Planning Board to approve a Detailed Site Plan (PART 3, Division 9), the Planning Board shall also find:

(1)
The proposed development is in conformance with the purposes and other provisions of the M-X-C Zone;
(2)
The arrangement and design of buildings and other improvements and the mix of uses reflect a cohesive development capable of sustaining an independent environment of continuing quality and stability;
(3)
The pedestrian system is convenient and is comprehensively designed to encourage pedestrian activity within the development;
(4)
In areas of the development which are to be used for pedestrian activities or as gathering places for people, adequate attention has been paid to human scale, the quality of urban design, and other amenities, such as the types and textures of materials, landscaping and screening, street furniture, and lighting, both natural and artificial.
(5)
The Detailed Site Plan is in general conformance with the approved Final Development Plan. Where not defined in an approved Development Plan, the design standards of the zone most compatible with the M-X-C Zone shall be applicable.

(d)

An approved Detailed Site Plan in the M-X-C Zone shall remain valid for six (6) years.

(CB-63-1992)

Section 3 of CB-7-2011 (DR-2) provides that the provisions of this Ordinance shall be abrogated and be of no further force and effect after December 31, 2012.

Section 3 of CB-67-2012 (DR-2) provides that the provisions of this Ordinance shall be abrogated and be of no further force and effect after December 31, 2013.

Section 3 of CB-71-2013 (DR-2) provides that the provisions of this Ordinance shall be abrogated and be of no further force and effect after December 31, 2015.

Effective on: 1/1/1901

Sec. 27-546.08. Order of approvals.

(a)

In the M-X-C Zone, the following order of approvals shall be observed:

(1)
Preliminary Development Plan;
(2)
Comprehensive Sketch Plan;
(3)
Preliminary Plat of Subdivision;
(4)
Final Development Plan (must be submitted concurrently with corresponding preliminary plat of subdivision);
(5)
Detailed Site Plan;
(6)
Final Plat of Subdivision (a final plat of subdivision for single-family lots or bulk parcels for Other Residential, Nonresidential, and Community Use parcels may be approved prior to a Detailed Site Plan, if the Technical Staff determines that the site plan approval will not affect final plat approval);
(7)
Grading, building, and use and occupancy permits (grading permits may only be approved prior to final plat of subdivision if the area to be graded is the subject of an approved Detailed Site Plan).

(CB-63-1992)

Effective on: 1/1/1901

Sec. 27-546.09. Purposes.

(a)

The specific purposes of the M-U-TC Zone are:

(1)
To create with the community a development framework that can capitalize on the existing fabric of the County's older commercial/mixed-use centers and corridors.
(2)
To promote reinvestment in, and the appropriate redevelopment of, older commercial areas, to create attractive and distinctive community centers for shopping, socializing, entertaining, living, and to promote economic vitality.
(3)
To promote the preservation and adaptive reuse of selected buildings in older commercial areas.
(4)
To ensure a mix of compatible uses which compliments concentrations of retail and service uses, including institutional uses, encourages pedestrian activity, and promotes shared parking.
(5)
To provide a mix of commercial and residential uses which establish a safe and vibrant twenty-four hour environment.
(6)
To establish a flexible regulatory framework, based upon community input, to encourage compatible development and redevelopment, including shared parking facilities, that will enhance the Town Center.
(7)
To preserve and promote those distinctive physical characteristics that are identified by the community as essential to the community's identity, including building character, special landmarks, small parks and other gathering places, and wide sidewalks.

(CB-2-1994)

Effective on: 1/1/1901

Sec. 27-546.10. Landscaping and Screening.

Landscaping and screening shall be provided in accordance with the approved Town Center Development Plan.

(CB-2-1994)

Effective on: 1/1/1901

Sec. 27-546.11. Uses.

The uses allowed in the M-U-TC Zone are as provided for in the Table of Uses (Division 3).

(CB-2-1994)

Effective on: 1/1/1901

Sec. 27-546.12. Regulations.

(a)

(b)

(c)

Additional regulations are as provided for in General (PART 2).

(CB-2-1994; CB-75-2012)

Effective on: 1/1/1901

Sec. 27-546.13. Development Plan.

(a)

General.

(1)
The Development Plan will create a flexible framework for reviewing and approving future development in the M-U-TC Zone. The regulations and graphic representations embodied in the Plan should protect existing community characteristics that are critical to the conservation of the Town Center's character. The Development Standards and Guidelines adopted in the Plan are intended to be flexibly applied and broadly interpreted to promote local revitalization efforts.
(2)
The Development Plan shall consider the evolution of development regulations and the existing development character and create more appropriate standards and development guidelines that will encourage investment that supports the purposes of the zone.
(3)
Buildings legally existing at the time a rezoning to the M-U-TC Zone is approved are considered to be legally existing, and shall not be considered to be nonconforming. Any expansion or exterior alteration is subject to the Town Center Development Plan.
(4)
Any existing use which has a valid permit issued prior to the approval of a rezoning to the M-U-TC Zone shall be considered a permitted use, and shall not be considered nonconforming, provided the use has not changed to a different use since issuance of the permit. This provision shall apply only to the property which was the subject of the original permit.

(b)

The Town Center Development Plan shall include, at a minimum, the following:

(1)
A description of the area within the Town Center, including a location map showing the boundaries of the Zone (with north arrow and scale) and a description of the existing improvements within those boundaries;
(2)
Existing zoning and use of properties within and adjacent to the M-U-TC Zone;
(3)
Existing and proposed right-of-way widths of internal and adjoining streets;
(4)
An inventory of existing development characteristics, which may include the following:
1. (A)
  Building:
  1. (i)
    Height;
  2. (ii)
    Width;
  3. (iii)
    Setbacks;
  4. (iv)
    Roof shape;
  5. (v)
    Construction materials;
  6. (vi)
    Color;
  7. (vii)
    Distribution of windows/door openings;
  8. (viii)
    Architectural style, details, and ornamentations;
2. (B)
  Signs:
  1. (i)
    Number;
  2. (ii)
    Lighting;
  3. (iii)
    Location (building, roof, freestanding);
3. (C)
  Awnings and canopies:
  1. (i)
    Location;
  2. (ii)
    Width;
  3. (iii)
    Materials;
4. (D)
  Mechanical equipment:
  1. (i)
    Visibility from roads and adjacent properties;
5. (E)
  Parking/circulation:
  1. (i)
    View from the road;
  2. (ii)
    Paving materials and striping;
  3. (iii)
    Landscaping;
  4. (iv)
    Crosswalks;
  5. (v)
    Sidewalks;
  6. (vi)
    Pedestrian alleys;
6. (F)
  Streetscape:
  1. (i)
    Furniture;
  2. (ii)
    Landscaping;
  3. (iii)
    Signs;
  4. (iv)
    Monuments and art.
(5)
Development Standards and Guidelines shall be established to manage the physical development and use of land in the M-U-TC Zone. These Development Standards and Guidelines may include the following and any other elements deemed necessary:
1. (A)
  Setbacks;
2. (B)
  Proportion;
3. (C)
  Height;
4. (D)
  Roofs;
5. (E)
  Rear entrance;
6. (F)
  Awnings and canopies;
7. (G)
  Utility areas and mechanical equipment;
8. (H)
  Architectural detailing;
9. (I)
  Fenestration:
  1. (i)
    Façade openings;
  2. (ii)
    Windows;
  3. (iii)
    Blank walls;
10. (J)
  Materials;
11. (K)
  Color;
12. (L)
  Lighting;
13. (M)
  Sidewalks and pedestrian places.

(c)

(d)

(e)

(f)

(g)

(CB-2-1994; CB-2-2015)

Effective on: 1/1/1901

Sec. 27-546.14. Amendments to Development Plan.

(a)

Primary amendments.

(1)
All primary amendments of approved Development Plans shall be made in accordance with the provisions for initial approval of the Plan.
(2)
Primary amendments are any changes to the boundary of the approved Development Plan.

(b)

Secondary amendments.

(1)
Secondary amendments are any amendments other than an amendment made pursuant to Section 27-546.14(a).
(2)
An application for an amendment of an approved Development Plan, other than an amendment pursuant to Subsection (a), may be submitted to the Planning Board by any owner (or authorized representative) of property within the M-U-TC Zone, a municipality within which the zone is located, the Planning Board, or the District Council and shall be processed in accordance with the following regulations.
(3)
Except for applications for secondary amendments initiated by the District Council, all applications shall be typed, except for signatures, submitted in triplicate, and shall include the following information:
1. (A)
  The name, address, and telephone number of the applicant, and an indication of the applicant's status as contract purchaser, agent, or owner;
2. (B)
  The street address of the property owned within the Development Plan; name of any municipality the property is in; name and number of the Election District the property is in;
3. (C)
  A statement enumerating each requested change and its effect upon the remainder of development in the approved Development Plan;
4. (D)
  The name, address, and signature of each owner of record of the property. Applications for property owned by a corporation shall be signed by an officer empowered to act for the corporation;
5. (E)
  The name, address, and telephone number of the correspondent;
6. (F)
  A statement of justification in support of the request. The statement shall set forth the legal basis by which the requested amendment can be approved, and a description of the existing components of the Development Plan and proposed changes thereto. This statement may be accompanied by three (3) copies of any material which (in the applicant's opinion) is necessary to clarify the typewritten statement. This additional material, if not foldable, shall be not larger than eighteen (18) by twenty-four (24) inches;
7. (G)
  The proposed amendment to be appended to or incorporated into the Development Plan;
8. (H)
  A signed certificate stating that the applicant, on or before the date of filing such application, sent by certified mail a copy of the application for an amendment and all accompanying documents to each municipality in which any portion of the property which is the subject of the application is located, and each municipality located within one (1) mile of the property which is the subject of the application. The certificate shall specifically identify each municipality to which the application was mailed and the date it was mailed.
(4)
Upon completing an application, the applicant shall pay to the Planning Board a fee to help defray the costs related to processing the application. A reduction in the fee may be permitted by the Planning Board if it finds that payment of the full amount will cause an undue hardship upon the applicant.
(5)
In addition to the filing fee, a fee of Thirty Dollars ($30.00) shall be paid for the posting of each public notice sign to be posted by the Planning Board. No part of a fee shall be refunded or waived, unless the Planning Board determines that one of the following applies:
1. (A)
  The fee was paid by mistake, and the applicant has requested (in writing) a refund.
2. (B)
  The application is withdrawn prior to posting the sign. In this case the entire sign posting fee shall be refunded.
(6)
The District Council may, by Resolution, initiate a secondary amendment to an approved Development Plan, including, but not limited to:
1. (A)
  An amendment proposal to repeal any requirement within the M-U-TC Development Plan, for an M-U-TC Zone within one-half mile of an existing Metro station, for review of development applications by a M-U-TC Design Review Committee; or
2. (B)
  An amendment proposal to incorporate a requirement within the M-U-TC Development Plan, for an M-U-TC Zone within one-half mile of an existing Metro station, to authorize, by motion, an election to review by the District Council as to any proposal for development within the respective M-U-TC Zone Development Plan.
(7)
The Planning Board shall review the requested secondary amendment for compliance with this Section and shall follow the same procedure required for the Conceptual Site Plan approval as found in Sections 27-276(a)(1), (3), (4), (5), (6); 27-276(c)(1), (2); and 27-276(d). Review by the District Council shall follow the procedures in Section 27-280.
(8)
The Planning Board may only approve a requested secondary amendment of a Development Plan if it makes the following findings:
1. (A)
  The requested secondary amendment is in compliance with the requirements for the approval of a Development Plan;
2. (B)
  The requested secondary amendment is in conformance with the purposes of the M-U-TC Zone;
3. (C)
  The original intent of the Development Plan element or mandatory requirement being amended is still fulfilled with the approval of the requested secondary amendment.
(9)
Where the District Council initiates a secondary amendment to a M-U-TC Development Plan, the District Council shall refer the secondary amendment to the Planning Board for comments on the secondary amendment, and the District Council shall conduct a public hearing on the Resolution.

(CB-2-1994; CB-92-2017)

Effective on: 1/1/1901

Sec. 27-546.15. Purposes.

(a)

(b)

The specific purposes of the M-U-I Zone are:

(1)
To implement recommendations in approved Master Plans, Sector Plans, or other applicable plans by encouraging residential or commercial infill development in areas where most properties are already developed;
(2)
To simplify review procedures for residential, commercial, and mixed residential and commercial development in established communities;
(3)
To encourage innovation in the planning and design of infill development;
(4)
To allow flexibility in the process of reviewing infill development;
(5)
To promote smart growth principles by encouraging efficient use of land and public facilities and services;
(6)
To create community environments enhanced by a mix of residential, commercial, recreational, open space, employment, and institutional uses; and
(7)
To permit redevelopment, particularly in areas requiring revitalization, of property owned by a municipality or the Prince George's County Redevelopment Authority.

(CB-10-2001; CB-42-2003; CB-80-2005)

Effective on: 1/1/1901

Sec. 27-546.16. Approval of Zone.

(a)

(b)

(1)
Property in the T-D-O Zone may be reclassified from its underlying zone to the M-U-I Zone by an amendment to the Transit District Development Plan (TDDP). In the amendment process, the owner shall show that the proposed rezoning and development will meet TDDP goals and objectives and will be compatible with existing or approved future development on adjacent properties.
(2)
Property in the D-D-O Zone may be reclassified from its underlying zone to the M-U-I Zone through the property owner application process in Section 27-548.26(b). In the review process, the owner shall show that the proposed rezoning and development will be compatible with existing or approved future development on adjacent properties.
(3)
Property owned by a municipality or the Prince George's County Redevelopment Authority may be reclassified to the M-U-I Zone under the following procedures:
1. (A)
  As to notice and hearing procedures in general, the Planning Board and District Council shall follow the requirements in PART 3, Division 9, for site plan cases. The processing of applications filed by municipalities or the Prince George's County Redevelopment Authority shall be expedited, and the Planning Board must file its recommendation with the Council not later than fifty (50) days after the application of the municipality or the Prince George's County Redevelopment Authority is accepted for filing.
2. (B)
  The application by the municipality or the Prince George's County Redevelopment Authority shall include all materials required in PART 3, Division 9, for Conceptual Site Plan cases, with a statement which enumerates proposed uses on the site, demonstrates how the proposed mix of uses meets M-U-I Zone purposes, and shows how proposed development will promote redevelopment and revitalization in the vicinity of the property owned by the municipality or the Prince George's County Redevelopment Authority.
3. (C)
  A municipality or the Prince George's County Redevelopment Authority shall file its application with Planning Board staff, which after acceptance must prepare a report and recommendation. The Planning Board shall hold a public hearing on the application, prepare its recommendation, file its decision with the Clerk of the Council, and send copies to persons of record.
4. (D)
  Within thirty (30 )days of the mailing of the Planning Board decision, any person of record may file with the Clerk of the Council comments on the application or a request for oral argument, or both. Oral argument must be held prior to final action on the application, if ordered by the Council or requested by a person of record.
5. (E)
  Before taking final action, the Council may refer the case to the Zoning Hearing Examiner, for review of specific issues. The Examiner shall give priority in scheduling to all such cases. After hearing, the Examiner shall address and make recommended findings on the issues in the referral order and the standards given below. A person who was not a party of record when the Planning Board closed the record may become one after the referral to the Examiner.
6. (F)
  The District Council may take final action approving the application by the municipality or the Prince George's County Redevelopment Authority, for the M-U-I Zone, with or without conditions, if it finds that the mix of uses proposed in the application will meet the purposes of the M-U-I Zone and that the proposed development will be compatible with existing and approved future development on adjacent properties, will not be inconsistent with an applicable Master Plan or the General Plan, as amended will conform to the purposes and standards of an applicable TDOZ, DDOZ or M-U-TC Development District Plan, and will enhance redevelopment or revitalization in the vicinity of the property owned by the municipality or the Prince George's County Redevelopment Authority.

(c)

(d)

If the M-U-I Zone is approved on property in a Sectional Map Amendment (SMA), permitted uses in existence at the time of SMA approval shall not be deemed nonconforming.

(CB-10-2001; CB-42-2003; CB-80-2005)

Effective on: 1/1/1901

Sec. 27-546.17. Uses.

(a)

All uses permitted by right or by Special Exception in the C-S-C Zone, as provided in Section 27-461(b), are permitted by right in the M-U-I Zone, except as follows:

(1)
For the uses in Section 27-461(b)(3), Miscellaneous, and 27-461(b)(6) Residential/Lodging, the uses allowed are those permitted in Section 27-441(b)(4), Miscellaneous, and (7), Residential/Lodging, for the R-18 Zone, except that hotel and motel uses are permitted as in the C-S-C zone.
(2)
Use restrictions may be imposed on a property when the M-U-I Zone is approved, whether the approval is in a Sectional Map Amendment, a T-D-O Zone map amendment, a D-D-O Zone map amendment, a case involving property owned by a municipality or the Prince George's County Redevelopment Authority, or an individual site plan case. Use restrictions in conditions imposed at rezoning may limit or prohibit uses otherwise allowed in the M-U-I Zone. If use restrictions are imposed in an individual map amendment or site plan case, the District Council and the owner shall follow the conditional zoning procedure in PART 3, Division 2.
(3)
Notwithstanding any other provision of this Subtitle to the contrary, a Medical Cannabis Dispensary use on property classified within the M-U-I Zone may be permitted, subject to Special Exception approval in accordance with PART 4 and Section 27-372.01 of this Subtitle, inclusive.

(b)

Residential and commercial uses may be placed with a horizontal or vertical mix on property in the M-U-I Zone, subject to approval of a Detailed Site Plan.

(CB-10-2001; CB-42-2003; CB-80-2005; CB-92-2015; CB-5-2016; CB-10-2018)

Editor's note(s)—Section 4 of CB-10-2018 (DR-3) provides that the provisions pertaining to Tourist Homes as Accessory Uses shall take effect on October 1, 2019.

Effective on: 1/1/1901

Sec. 27-546.18. Regulations.

(a)

Except as provided in Subsection (b), the regulations governing location, setbacks, size, height, lot size, density, and other dimensional requirements in the M-U-I Zone are as follows:

(1)
R-18 Zone regulations apply to all uses in Section 27-441(b)(3), Miscellaneous;
(2)
R-18 Zone regulations apply to all uses in Section 27-441(b)(6), Residential/Lodging, except hotels and motels;
(3)
C-S-C Zone regulations apply to hotels and motels and all other uses; and
(4)
Multifamily residential densities up to forty-eight (48) units per acre are permitted.

(b)

(CB-10-2001; CB-42-2003)

Effective on: 1/1/1901

Sec. 27-546.19. Site Plans for Mixed Uses.

(a)

(b)

The owner shall file a Detailed Site Plan application which meets the requirements of PART 3, Division 9, and includes:

(1)
Architectural elevations;
(2)
A statement showing how the proposed uses on the subject property are compatible with one another; and
(3)
A statement showing how the proposed uses are compatible with existing or approved future uses on adjacent properties.

(c)

A Detailed Site Plan may not be approved unless the owner shows:

(1)
The site plan meets all approval requirements in PART 3, Division 9;
(2)
All proposed uses meet applicable development standards approved with the Master Plan, Sector Plan, Transit District Development Plan, or other applicable plan;
(3)
Proposed uses on the property will be compatible with one another;
(4)
Proposed uses will be compatible with existing or approved future development on adjacent properties and an applicable Transit or Development District; and
(5)
Compatibility standards and practices set forth below will be followed, or the owner shows why they should not be applied:
1. (A)
  Proposed buildings should be compatible in size, height, and massing to buildings on adjacent properties;
2. (B)
  Primary façades and entries should face adjacent streets or public walkways and be connected by on-site walkways, so pedestrians may avoid crossing parking lots and driveways;
3. (C)
  Site design should minimize glare, light, and other visual intrusions into and impacts on yards, open areas, and building façades on adjacent properties;
4. (D)
  Building materials and color should be similar to materials and color on adjacent properties and in the surrounding neighborhoods, or building design should incorporate scaling, architectural detailing, or similar techniques to enhance compatibility;
5. (E)
  Outdoor storage areas and mechanical equipment should be located and screened to minimize visibility from adjacent properties and public streets;
6. (F)
  Signs should conform to applicable Development District Standards or to those in PART 12, unless the owner shows that its proposed signage program meets goals and objectives in applicable plans; and
7. (G)
  The owner or operator should minimize adverse impacts on adjacent properties and the surrounding neighborhood by appropriate setting of:
  1. (i)
    Hours of operation or deliveries;
  2. (ii)
    Location of activities with potential adverse impacts;
  3. (iii)
    Location and use of trash receptacles;
  4. (iv)
    Location of loading and delivery spaces;
  5. (v)
    Light intensity and hours of illumination; and
  6. (vi)
    Location and use of outdoor vending machines.

(CB-10-2001; CB-42-2003)

Effective on: 1/1/1901

Sec. 27-546.20. Urban Centers and Corridor Nodes Development Code.

The purposes, regulations, uses, and procedures of the Urban Centers and Corridor Nodes Zones (UC) are specified in Subtitle 27A of the County Code.

(CB-2-2010)

Effective on: 1/1/1901