College Park City Zoning Code

PART 4

SPECIAL EXCEPTIONS.

Sec. 27-328.01. Setbacks.

All setbacks shall be measured from the boundary line of the land for which the Special Exception is requested or approved, regardless of whether this boundary line is a lot, property, street, or other line. This Section applies to all setback requirements of this Subtitle which are specifically applicable to the Special Exception use.

Effective on: 1/1/1901

Sec. 27-328.02. Landscaping, buffering, and screening.

(a)

All landscaping required for a Special Exception shall be approved at the same time the Special Exception is approved. A Special Exception shall comply with the Landscape Manual through the approval of a landscape plan. The District Council may require additional landscaping, screening, or buffering if it determines that the amount required by the Landscape Manual is insufficient to adequately protect adjacent uses.

(b)

Amendments to landscaping, buffering, and screening required in a Special Exception shall be made in accordance with Section 27-325.

(CB-1-1989; CB-91-1992; CB-68-2010)

Effective on: 1/1/1901

Sec. 27-329. Abrasives and asbestos products manufacturing.

(a)

The manufacturing of abrasives and asbestos products may be permitted subject to the following:

(1)
All operations shall be confined to the interior of a wholly enclosed building;
(2)
There shall be no outside storage of raw materials or finished products; and
(3)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation;
2. (B)
  The provisions proposed for the safety of workers;
3. (C)
  The pollution control measures to be taken; and
4. (D)
  The compatibility of the use with the surrounding area.

Effective on: 1/1/1901

Sec. 27-330. Accessory building, increase in height.

(a)

In the O-S, R-A, R-E, R-R, R-80, R-55, R-35, and R-20 Zones, the height of an accessory building may be increased to provide living quarters on the second story for household help employed on the premises, subject to the following:

(1)
The additional height and purpose for which it is to be used are reasonably necessary for the convenience of the family occupying the main building; and
(2)
The increase is to not more than two (2) stories but not more than twenty-five (25) feet.

(b)

In the O-S, R-A, R-E, and R-R Zones, the height of accessory building used for bona fide agricultural purposes may be increased to forty (40) feet.

(c)

In the R-18 and R-10 Zones, the height of an accessory building located within a multifamily project and used as an office in connection with the multifamily project may be increased, provided that:

(1)
The additional height is necessary;
(2)
The additional height is solely used in connection with the multifamily project; and
(3)
The increase is to not more than two (2) stories but not more than twenty-five (25) feet.

Effective on: 1/1/1901

Sec. 27-330.01. Adaptive reuse of surplus public school.

(a)

The adaptive reuse of a surplus public school may be permitted, subject to the following:

(1)
The proposed use is not already allowed in the zone;
(2)
The use is not prohibited in all zones;
(3)
During the processing of the Special Exception application, an existing public school building is located on the subject property, which has been, or will be, conveyed by the Board of Education to Prince George's County, Maryland, and declared surplus. The property included with the building may be all or a part of the original school site;
(4)
The requirements for the location, size, and lot coverage of all structures, density, and green area which are specified for the zone in which the use is proposed shall not apply to existing structures or additions to existing buildings. The dimensions, percentages, and density shown on the approved site plan shall constitute the regulations for development under a given Special Exception;
(5)
One (1) freestanding building may be constructed on the subject property, provided a Special Exception for the new building's use is also made part of the Special Exception for the adaptive reuse of the existing public school building. The requirements as to height and setbacks that are specified for the zone in which the new building is proposed shall apply to the new freestanding building;
(6)
Off-street parking lots and loading areas shall be provided in accordance with the provisions of PART 11 applicable to the specific uses proposed and with the Landscape Manual;
(7)
Business signs for commercial or industrial uses shall be permitted in accordance with the provisions of Sections 27-615 and 27-616 applicable to Commercial (other than C-O) and Industrial (other than I-3) Zones. The location of any freestanding business sign shall be shown on the site plan;
(8)
An impact statement shall be submitted explaining:
1. (A)
  The nature and scope of the use proposed;
2. (B)
  The hours of operation of any proposed nonresidential use;
3. (C)
  The type and amount of traffic expected to be generated; and
4. (D)
  The measures to be taken to assure compatibility with the surrounding area, particularly with regard to abutting properties;
(9)
It shall be demonstrated to the satisfaction of the District Council that:
1. (A)
  The proposed use is compatible with existing and planned development on adjacent properties and within the neighborhood, and, when more than one (1) use is proposed, with each other;
2. (B)
  Vehicular access to the subject property is appropriate and adequate, given the nature and scope of the proposed use and the type and amount of traffic expected to be generated; and
3. (C)
  Any proposed residential use of the subject property will be buffered in accordance with the Landscape Manual.

(CB-102-1987; CB-1-1989)

Effective on: 1/1/1901

Sec. 27-330.02. Adaptive use of a Historic Site.

(a)

For the purposes of this Section, the adaptive use of a Historic Site is defined as the adaptation of a building designated as a Historic Site by the Historic Preservation Commission for a use not allowed within the existing zone in order to encourage the preservation of buildings important to Prince George's County heritage or which have distinctive architectural and environmental characteristics.

(b)

Use of Historic Sites under the provisions of this Section are limited to:

(1)
One-family, two-family, three-family, or multifamily dwellings; or
(2)
Commercial office or retail trade; and
(3)
The proposed use is not a use prohibited in all zones.

(c)

The approved Special Exception site plan for the adaptive use shall be controlling with regard to net lot area, lot coverage, green area, lot frontage, yards, building height, distance between buildings, and location, height, and use of accessory buildings.

(d)

All proposals for the adaptive use of a Historic Site shall comply with the standards listed below.

(1)
Lighting.
1. (A)
  Lighting shall be subdued, consistent with the nature of the historic resource, and shall not shine or glare off the premises. Low-intensity seasonal or decorative lighting is permitted.
(2)
Parking and surfacing.
1. (A)
  The design of parking lots shall minimize, to the extent practicable, the impact of the parking needs associated with the proposed adaptive use on the environmental setting and the surrounding neighborhood.
2. (B)
  Where deemed appropriate by the District Council, innovative paving techniques, such as dust-free, pervious surfaces, unusual textures, and configurations that minimize paved surfaces, may be required.

(e)

Upon filing the Special Exception application, the applicant shall submit the following information:

(1)
Evidence of Historic Preservation Commission approval of an established environmental setting for the proposed adaptive use;
(2)
A written justification statement, including:
1. (A)
  The nature and scope of the use proposed;
2. (B)
  The hours of operation; and
3. (C)
  The impact of traffic generated by the proposed use on local roadways, including the type, amount, and distribution of anticipated traffic, as well as the adequacy of proposed access points to the site, existing levels of service on surrounding roadways, and the peak hour service level at the nearest major intersection below the minimum adopted by the Planning Board in the "Guidelines for the Analysis of the Traffic Impact of Development Proposals," as may be amended from time to time;
(3)
In addition to the site plan requirements in Section 27-296(c), the site plan shall show the following:
1. (A)
  A delineation by metes and bounds of the established environmental setting; and
2. (B)
  The topography of the subject property and abutting lots (for a depth of at least fifty (50) feet).

(f)

The applicant shall demonstrate to the satisfaction of the District Council that:

(1)
Any proposed multiple uses within the historic structure are compatible with each other;
(2)
The proposed adaptive use will not change the existing character of the surrounding community by virtue of noise, lighting, unsightliness, parking, signs, traffic, or other impacts; and
(3)
The proposed adaptive use will not adversely affect distinguishing exterior architectural features or important natural features in the established environmental setting.

(CB-58-1987; CB-1-1989)

Effective on: 1/1/1901

Sec. 27-331. Reserved.

Effective on: 1/1/1901

Sec. 27-332. Adult day care center.

(a)

An adult day care center may be permitted, subject to the following:

(1)
The subject property shall be suitable for the type of facility proposed, taking into account the character of surrounding properties and the general neighborhood, and any other uses on the subject property;
(2)
The subject property shall be of sufficient size to accommodate a facility of the scope proposed;
(3)
Vehicular access to the subject property shall be adequate, taking into account the scope of the facility, the type and amount of traffic expected to be generated, and the type, service level, and capacity of the streets along which the subject property has frontage; and
(4)
A statement shall be submitted explaining:
1. (A)
  The policies and goals of the center;
2. (B)
  The characteristics and number of occupants to be served;
3. (C)
  The type of care and activities proposed;
4. (D)
  Operating methods and procedures proposed;
5. (E)
  The type and amount of traffic expected to be generated; and
6. (F)
  Other appropriate aspects of the center's operation.

Effective on: 1/1/1901

Sec. 27-332.01. Agriculture.

(a)

Agricultural uses may be permitted in the V-L and V-M Zones, provided the District Council finds that the proposed use:

(1)
Preserves the agricultural land, open space, scenic vistas, and environmental features of the area;
(2)
Complements the natural characteristic of the area; and
(3)
Does not detract from the Village residents' health, safety, welfare, and enjoyment of the Zone.

(CB-10-1992)

Effective on: 1/1/1901

Sec. 27-333. Airport, airpark, airfield, airstrip, heliport, helistop, private.

(a)

A private airport, airpark, airfield, airstrip, heliport, helistop, or similarly designed area for the landing and taking off of aircraft may be permitted, subject to the following:

(1)
The land area proposed for the use shall be sufficient to meet the Federal Aviation Administration's requirements for the class of facility proposed;
(2)
There are no existing or proposed flight obstructions which are located outside the proposed facility and which fall within the approach zone to any of the proposed runways or landing strips;
(3)
If air rights or easements have been acquired from the owners of adjacent properties in which approach zones fall, satisfactory evidence of them shall be submitted with the application;
(4)
Structures shall be located at least one hundred (100) feet from any boundary line of the subject property; and
(5)
An airstrip or helistop shall contain no terminal, storage, or repair/service facilities.
(6)
An airport applicant shall demonstrate that the airport will not create conflicts on adjacent properties, pursuant to the Aviation Policy Area regulations in PART 10B.

(b)

In addition to the requirements of Section 27-296(c), the site plan shall show the location and height of all structures, trees, and overhead wires located within airport approach surfaces, as defined in Federal Aviation Regulations Part 77. The site plan shall also show such things as the proposed topography, grading, drainage, and water and sewerage facilities.

(CB-51-2002)

Effective on: 1/1/1901

Sec. 27-334. Reserved.

Effective on: 1/1/1901

Sec. 27-335. Amusement park.

(a)

An amusement park may be permitted, subject to the following:

(1)
The subject property shall contain at least twenty-five (25) contiguous acres;
(2)
The applicant shall submit a traffic analysis indicating the anticipated traffic expected to be generated by the project, and its impact upon external streets and the on-site network of driveways. The site shall have frontage on, and direct vehicular access to, a street with sufficient capacity to accommodate the expected traffic. If the street is not yet built, it shall be funded for completion prior to the issuance of any use and occupancy permits. The on-site network of driveways shall be of sufficient capacity to accommodate the traffic generated by the project;
(3)
Any parking lot, or place or structure used for exhibition, educational, entertainment, dining, recreational, or other purposes involving patron assembly, and any maintenance or service building shall be located at least one hundred (100) feet from any boundary line of the subject property, unless the District Council finds that these setbacks are unnecessary due to conditions in the area. If the place or structure is located within two hundred (200) feet of land in a Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan, there shall be no public entrance to it from the side facing the residential land;
(4)
All perimeter areas of the site shall be buffered in accordance with the provisions of the Landscape Manual, and the applicant shall demonstrate that the proposed buffering will provide reasonable sight and sound barriers for all adjacent uses. If the buffers required by the Landscape Manual are determined to be inadequate, additional buffering may be required.
(5)
At least fifty percent (50%) of the site shall be devoted to open space;
(6)
In addition to the requirements of Section 27-296(c), the site plan shall set forth:
1. (A)
  The proposed topography at not more than five (5) foot contour intervals;
2. (B)
  Existing and proposed drainage patterns;
3. (C)
  Existing vegetative cover and other natural features; and
4. (D)
  Provisions for storm water management and erosion and sediment control;
(7)
The applicant shall provide sufficient proof to the District Council that:
1. (A)
  The proposed hours of operation and anticipated noise levels will not be detrimental to the use of adjacent properties; and
2. (B)
  Features will be incorporated to adequately protect adjacent properties against obtrusive elements emanating from the project, such as noise, light, glare, waste, and air or water pollution.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-335.01. Animals, not customarily household pets.

(a)

The housing and maintenance of animals not customarily kept as household pets, by the elderly living in apartment housing for the elderly, and the care of these animals to be used for therapeutic reasons by the elderly is permitted, provided:

(1)
The housing and maintenance of animals, not customarily household pets, shall be permitted as an accessory use to apartment housing which is occupied and utilized as a home for the elderly.
(2)
These pets shall be kept and cared for as a form of therapy for the elderly.

(CB-117-1986)

Effective on: 1/1/1901

Sec. 27-336. Antique shop.

(a)

An antique shop may be permitted, subject to the following:

(1)
The proposed use shall not alter the residential character of the neighborhood;
(2)
The District Council shall consider the type of merchandise to be sold and whether the outdoor display of the merchandise is compatible with the surrounding neighborhood. If the outdoor display is determined to be compatible, the District Council may limit the hours of the display and the locations and types of merchandise to be displayed; and
(3)
Any outdoor display of merchandise shall be located at least twenty-five (25) feet from any street line or boundary line of the Special Exception.

Effective on: 1/1/1901

Sec. 27-337. Apartment housing for elderly or physically handicapped families.

(a)

Apartment housing and related facilities for elderly or physically handicapped families may be permitted within and on the property associated with an existing building, which was formerly used for a public school that has been declared surplus by the government entity which owns (owned) it (known as a surplus public school building), subject to the following:

(1)
In addition to the requirements of Section 27-296(c), the site plan shall show the density, and the type and total number of dwelling units proposed;
(2)
The District Council shall find that the subject property is suitable for the type of development proposed, and is of sufficient size to properly accommodate the proposed number of dwelling units;
(3)
Recreational and social amenities for the residents may be provided, if shown on the site plan and approved by the District Council; and
(4)
The height, lot coverage, density, frontage, yard, and green area requirements, including restrictions on the location and height of accessory buildings, as specified for the zone in which the use is proposed, shall not apply to uses or structures provided for in this Section. The dimensions, percentages, and density shown on the approved site plan shall constitute the regulations for development under a given Special Exception.

(b)

Apartment housing and related facilities for elderly or physically handicapped families may be permitted within a building other than a surplus public school building, subject to the following:

(1)
The owner of the property shall record among the Land Records of Prince George's County a Declaration of Covenants which establishes that the premises will be solely occupied by elderly or handicapped families for a fixed term of not less than twenty (20) years. The covenants shall run to the benefit of the Maryland-National Capital Park and Planning Commission;
(2)
In the R-18, R-18C, R-H, and R-10 Zones, the following shall apply:
1. (A)
  The owner shall be a private, nonprofit organization;
2. (B)
  In addition to the requirements of Section 27-296(c), the site plan shall show the density, type, and total number of dwelling units proposed. The minimum net lot area may be reduced and density may exceed that normally permitted in the applicable zone, provided that:
  1. (i)
    The net lot area shall not be less than fifty percent (50%) of the minimum net lot area normally required in the zone; and
  2. (ii)
    The density shall not be greater than twice that normally allowed in the zone;
(3)
In the C-S-C Zone, the following shall apply:
1. (A)
  The subject property shall contain at least two (2) contiguous acres, and shall not contain more than forty-eight (48) dwelling units per acre of net lot area. The density may be increased by one (1) unit per acre for each one thousand (1,000) square feet of indoor space available for common use by the residents for social, recreational, or educational purposes. The indoor space shall be shown on the site plan;
2. (B)
  Not less than fifty percent (50%) of the net lot area shall be devoted to green area; and
3. (C)
  The District Council shall find that existing development and uses in the neighborhood (particularly on adjacent properties) will not adversely affect the proposed development;
(4)
In the R-R, R-80, and R-55 Zones, the following shall apply:
1. (A)
  The requirements of paragraphs (1), (2), (3), and (4) of Subsection (a), above, shall be met;
2. (B)
  The District Council shall find that the proposed use:
  1. (i)
    Will serve the needs of the elderly families or physically handicapped families; and
  2. (ii)
    Will not adversely affect the character of the surrounding residential community. The District Council shall consider the lot size, height of the building, lot coverage of all buildings on the property, setbacks from surrounding properties, street frontage, and sufficiency of green area when determining the proposed development's effect on surrounding residential communities;
(5)
In the R-E Zone, the requirements of paragraphs (1), (2), (3), and (4) of Subsection (a), above, shall be met provided that the subject property is composed of at least fifteen (15) gross contiguous acres of land, improved with a structure used as a church with an enclosed building area of at least 150,000 gross square feet. The following additional requirements shall apply:
1. (A)
  A description of the physical appearance of the proposed building through the use of architectural façade elevations visible from public areas, or through other illustrative drawings, photographs, or renderings, shall be submitted and reviewed;
2. (B)
  Development of uses pursuant to this Subsection shall not be subject to a separate site plan approval in accordance with PART 3, Division 9 of this Subtitle. Instead, the site plan for such proposed development shall be reviewed as part of the special exception application approval; and
3. (C)
  The District Council shall find that the proposed use:
  1. (i)
    Will serve the needs of elderly families or physically handicapped families; and
  2. (ii)
    Will not adversely affect the character of the surrounding residential community. In making such finding, the District Council shall consider lot size, building height, lot coverage of all buildings on the property, setbacks from surrounding properties, street frontage, and sufficiency of green area when determining the proposed development's effect on the surrounding communities.

(c)

For the purposes of this Section, the term "elderly family" means a family which is included within age restrictions in conformance with the Federal Fair Housing Act and "physically handicapped family" means a family in which the head of the family, or his dependent, is physically handicapped. A person shall be considered physically handicapped if he has a physical impairment which:

(1)
Is expected to be of continued and indefinite duration;
(2)
Substantially impedes the ability to live independently; and
(3)
Is of a nature that the ability could be improved by more suitable housing conditions.

(CB-22-1984; CB-91-1991; CB-44-1992; CB-78-2005; CB-57-2019)

Effective on: 1/1/1901

Sec. 27-337.01. Asphalt mixing plant.

(a)

An asphalt mixing plant (including the mixing of hot asphalt with aggregates, and the storage of materials) may be permitted, subject to the criteria below.

(1)
Mixing plant components and other parts of the operation having the potential for generating adverse impacts (including cold feed systems, drying systems, mixing units, dust collection systems, asphalt circulation systems, asphalt storage tanks, hot mix storage bins, exhaust systems, material stock piles, and truck parking areas) shall be located at least three hundred (300) feet from the boundaries of the subject property adjoining any land in any Residential or Commercial Zone (or land proposed to be used for residential or commercial purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone) and one hundred (100) feet from the boundaries of the subject property adjoining any land in any Industrial Zone (or land proposed to be used for industrial purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone). Other fixed installations (including automobile parking and office uses) shall be located at least one hundred (100) feet from the boundaries of the subject property adjoining any land in any Residential Zone (or land proposed to be used for residential purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone).
(2)
The site plan and information accompanying the application for Special Exception shall be reproducible, or twelve (12) copies shall be submitted. In addition to the requirements of Section 27-296(c), the site plan and accompanying information shall show:
1. (A)
  The components of the mixing plant;
2. (B)
  The daily capacity of the plant;
3. (C)
  The location of all natural material stockpiles;
4. (D)
  The methods of disposing of waste materials;
5. (E)
  The internal traffic circulation system;
6. (F)
  The parking and storage areas for all vehicles and equipment; and
7. (G)
  The identification of the trucks and heavy equipment to be used in the plant operation.
(3)
At least thirty (30) calendar days prior to the hearing before the Zoning Hearing Examiner, the applicant shall file a traffic analysis with the Zoning Hearing Examiner for inclusion with the original application, and send a copy to the Planning Board. The traffic analysis shall include the volume of traffic expected to be generated by the operation and shall identify the streets to be used between the site and the nearest other street (to be used) that has a minimum paved width of twenty-four (24) feet for the predominant length of the street.
(4)
Driveways for ingress and egress shall be identified on the site plan, and shall be located so as to not endanger pedestrians or create traffic hazards. The applicant shall identify the dust-control measures to be used on the driveways and the interior traffic circulation system. Any ingress or egress driveway shall have a minimum width of twenty-two (22) feet, and shall be paved for a distance of at least two hundred (200) feet from the boundary line of the Special Exception.
(5)
All operations on site, including outdoor storage of machinery and equipment, shall be screened from any adjoining land or street in accordance with the provisions of the Landscape Manual.
(6)
All applications for Special Exception shall be accompanied by the following:
1. (A)
  A stormwater concept plan approved pursuant to Section 4-332 of this Code;
2. (B)
  A preliminary noise assessment;
3. (C)
  A preliminary air pollution assessment;
4. (D)
  A horizontal profile illustrating all structures and stockpiles; and
5. (E)
  A grading plan that illustrates existing and proposed topography.

(b)

All information required as part of the Special Exception application shall be referred to the Prince George's County Department of Public Works and Transportation, Prince George's County Soil Conservation District, Washington Suburban Sanitary Commission, Prince George's County Department of Permitting, Inspections, and Enforcement, Maryland State Highway Administration, Maryland State Department of Health and Mental Hygiene, and Maryland State Water Resources Administration for comment. These agencies shall be given forty-five (45) calendar days to reply. A copy of the same information shall also be submitted to the Prince George's County Sand and Gravel Advisory Committee.

(c)

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)
No new asphalt mixing plant may be located in the R-C-O.
(2)
On land which is located within the Chesapeake Bay Critical Area Overlay Zone, no new asphalt mixing plant shall be approved, and no such operation presently in existence or previously approved shall be permitted to continue or commence where any of the following circumstances are present:
1. (A)
  Habitat Protection Areas have been or may be designated on the subject property, in accordance with criteria set forth in Subtitle 5B;
2. (B)
  The use is located within the Buffer;
3. (C)
  The use would result in the substantial loss of long-range (twenty-five (25) years or more) productivity of forest and agriculture, or would result in a degrading of water quality; or
4. (D)
  The subject property contains highly erodible soils.

(CB-45-1986; CB-72-1987; CB-1-1989; CB-76-2010; CB-29-2014)

Effective on: 1/1/1901

Sec. 27-338. Boardinghouse or rooming house.

(a)

A boardinghouse or rooming house may be permitted in a one-family dwelling, subject to the following:

(1)
The Special Exception shall be valid for a period of three (3) years. This period may be renewed if the Council finds that the use will not constitute a nuisance because of pedestrian or vehicular traffic, noise, or the type of physical activity involved.

Effective on: 1/1/1901

Sec. 27-339. Bus maintenance at a private school or church.

(a)

The maintenance, repair, or service of buses parked or stored on the same lot as a private school or church may be permitted, subject to the following:

(1)
The use shall be considered as accessory to the principal use;
(2)
The use may involve facilities for dispensing gasoline into the buses;
(3)
The use shall be screened and buffered pursuant to the provisions of the Landscape Manual;
(4)
Adequate security measures shall be provided in order to prevent unauthorized entry into the area of the use; and
(5)
Evidence from the County Fire Department shall be submitted by the applicant showing that any proposed facilities for dispensing or storing gasoline will meet fire and safety code requirements.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-340. Cement manufacturing.

(a)

Cement manufacturing may be permitted, subject to the following:

(1)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation;
2. (B)
  The pollution and dust control measures to be taken; and
3. (C)
  The compatibility of the use with the surrounding area.

Effective on: 1/1/1901

Sec. 27-341. Cemetery or crematory.

A cemetery (including an animal cemetery) or a crematory may be permitted, provided that the use shall not be located within any proposed street or other public right-of-way, notwithstanding Section 27-259.

Effective on: 1/1/1901

Sec. 27-341.01. Check Cashing Business.

(a)

A check cashing business may be permitted, subject to the following:

(1)
Hours of operation shall be limited to the hours of 9:00 a.m. to 8:00 p.m.,
(2)
A schedule of fees/charges shall be posted and immediately visible to persons upon entering the Check Cashing Business. A copy of the fee schedule shall also be made available to all persons upon entrance to the Check Cashing Business;
(3)
No other business shall share floor space with the Check Cashing Business;
(4)
Security lighting and cameras shall be provided on all open sides of the Check Cashing facility providing surveillance of the area within 100 feet from the exterior of the building;
(5)
At least one (1) security employee (with no other duties) must be on the premises when the Check Cashing Business is open for business; and
(6)
Cashiers must work behind bullet resistant glass.

(CB-23-2009)

Effective on: 1/1/1901

Sec. 27-341.02. Church or similar place of worship.

(a)

A church or similar place of worship may be permitted, subject to the following:

(1)
The minimum setback for all buildings shall be twenty-five (25) feet from each lot line;
(2)
When possible, ingress and egress should be located so as to direct traffic away from streets that are internal to a residential subdivision;
(3)
The applicant shall satisfactorily demonstrate that parking and traffic will not adversely affect adjacent residential neighborhoods;
(4)
When possible, there should be no parking spaces or loading areas located in the front yard; and
(5)
The maximum allowable lot coverage for the zone in which the use is proposed shall not be increased.

(CB-23-1993; CB-23-2009)

Effective on: 1/1/1901

Sec. 27-342. Commercial recreational attraction.

(a)

Purpose of Section.

(1)
To promote the health, safety, and welfare of the citizens of Prince George's County by providing standards under which major projects dedicated to entertainment, amusement, recreation, culture, education, and history may be developed;
(2)
To promote tourism within Prince George's County, the State of Maryland, and the Washington Metropolitan Area;
(3)
To encourage high quality entertainment facilities to be provided in Prince George's County;
(4)
To afford reasonable flexibility in the design of these projects;
(5)
To assure that these attractions will be located in areas with adequate street access;
(6)
To assure that these projects will be compatible with surrounding areas through the effective use of development controls, such as screening, landscaping, open spaces, and the staging of development;
(7)
To assure that the projects are developed in an orderly and attractive manner;
(8)
To assure that public facilities are adequate to service the projects; and
(9)
To avoid scattered and unbalanced development of commercial recreational attractions at less desirable locations and without adequate controls.

(b)

Commercial recreational attractions may be permitted, subject to the following criteria:

(1)
Standards.
1. (A)
  The subject property shall have an area of at least two hundred fifty (250) contiguous acres. Notwithstanding the above, as long as there are one hundred (100) contiguous acres remaining under an approved Special Exception, the use may continue to operate pursuant to the approved Special Exception regardless of the ownership or zoning of the property. For the purpose of this Section, land separated by any rights-of-way or easements shall be considered contiguous;
2. (B)
  The property shall have frontage on, and direct vehicular access to, a street with sufficient capacity to accommodate the traffic generated by the project. If the street is one which is not yet built, the street must be funded for completion prior to the issuance of a use and occupancy permit. The applicant shall submit a traffic analysis indicating the anticipated traffic volume expected to be generated by the project, and the impact of the traffic upon external streets and the on-site network of driveways;
3. (C)
  Any place or structure used for exhibition, education, entertainment, dining, recreation, or other purpose involving patron assembly, and any maintenance or service building shall be located at least one hundred (100) feet from adjoining land in any Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan, fifty (50) feet from adjoining land in any other zone, and twenty-five (25) feet from any abutting street, unless the District Council finds that, due to conditions in the area, these setbacks are unnecessary and the buffer yard requirement in the Landscape Manual would be sufficient. If the structure or place is located within two hundred (200) feet of land in any Residential Zone, or land proposed to be used for residential purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone, there shall be no public entrance to it from the side facing the residential land. Notwithstanding the above, when a portion of a property subject to the Special Exception site plan (either conceptual or detailed site plan) is rezoned to any residential zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan, any improvement, use, or structure already constructed or shown on the site plan (either conceptual or detailed site plan) may continue in operation or be constructed as shown on the site plan;
4. (D)
  Areas reserved for the display of animals in their natural or similar environment shall be enclosed by two (2) fences. The innermost fence shall be located at least thirty (30) feet from adjoining land in a Residential Zone, or land proposed to be used for residential purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone;
5. (E)
  All perimeter areas shall be landscaped and buffered in accordance with the provisions of the Landscape Manual. The applicant shall demonstrate that the proposed perimeter buffering will provide a reasonable sound barrier for all adjacent uses. If the buffer required by the Landscape Manual is determined to be inadequate, additional buffering may be required.
6. (F)
  At least fifty percent (50%) of the site shall be devoted to open space; and
7. (G)
  The regulations restricting the height and lot coverage of buildings and structures, and the location and height of accessory buildings (specified in the zone in which the commercial recreational attraction is to be located), shall not apply to uses or structures provided for in this Section. The dimensions and percentages shown on the approved site plan shall constitute the regulations for development under a given Special Exception.
(2)
Parking.
1. (A)
  The number of parking spaces required shall be determined by the District Council and shall be based upon the uses shown on the proposed site plan. All of the parking spaces required shall be located entirely on the site. The number of spaces provided may be modified by the Council as more experience with a particular project is gained; and
2. (B)
  Any off-street parking area shall be located at least one hundred (100) feet from any adjoining land in a Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan, and at least twenty-five (25) feet from any other adjoining land or street. Notwithstanding the above, when a portion of a property subject to the Special Exception site plan (either conceptual or detailed site plan) is rezoned to any residential zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C zone, or any approved Conceptual or Detailed Site Plan, any off-street parking area already constructed or shown on the site plan (either conceptual or detailed site plan) may continue or be constructed as shown on the site plan.
(3)
Signs.
1. (A)
  Notwithstanding the provisions of PART 12, one (1) sign, which may be freestanding, may be located at each entrance to the project in order to identify the facility. The sign shall:
  1. (i)
    Be not more than fifty (50) feet high (measured from the ground to the top of the sign);
  2. (ii)
    Not have moving parts, or flashing or other intermittent illumination;
  3. (iii)
    Not shine, reflect, or glare upon any adjacent residential property or into the path of any motor vehicle; and
  4. (iv)
    Be located at least twenty-five (25) feet from the street line;
2. (B)
  Notwithstanding the provisions of PART 12, the District Council may disapprove any sign visible from off the subject property which it finds will be detrimental to the use or development of adjoining properties or the general neighborhood. Signs not visible from off the subject property shall be permitted without restrictions, except for those restrictions on identification signs provided for above.
(4)
Uses.
1. (A)
  The District Council may permit any of the following uses:
  1. (i)
    Entertainment facilities;
  2. (ii)
    Theaters (excluding drive-in theaters), amphitheaters, and band shells;
  3. (iii)
    Music playing, entertainment, and dancing;
  4. (iv)
    The housing, care, or exhibition of wild and domestic animals, birds, reptiles, and other forms of wildlife;
  5. (v)
    Amusement rides;
  6. (vi)
    Theme areas;
  7. (vii)
    Playgrounds and picnic areas;
  8. (viii)
    Historic, fictional, or other dramatizations;
  9. (ix)
    Simulated natural phenomena, such as volcanoes, caves, mountains, and waterfalls;
  10. (x)
    Simulated towns and villages;
  11. (xi)
    Participatory land and water activities such as swimming or other immersion in water;
  12. (xii)
    Seasonal activities, such as tennis, golf, ice skating, tobogganing, bobsledding, and skiing;
  13. (xiii)
    Amusement arcades and fun houses;
  14. (xiv)
    Transportation facilities, including those facilities used for viewing or amusement;
  15. (xv)
    Man-made rivers, streams, ponds, pools, lakes, and bridges;
  16. (xvi)
    Retail stores or demonstration of arts and crafts;
  17. (xvii)
    Eating and drinking establishments;
  18. (xviii)
    Banks and ticket booths;
  19. (xix)
    Rest rooms and buildings used for fire protection, security, maintenance, storage, and administration;
  20. (xx)
    Medical treatment facilities;
  21. (xxi)
    Art galleries and artisan areas;
  22. (xxii)
    One (1) gas station solely for the accommodation of patrons and workers on the site, provided that it is not visible from off of the site;
  23. (xxiii)
    Hotels, motels, and recreational campgrounds (subject to the requirements of Section 27-400), except Subsection (a)(6);
  24. (xxiv)
    Facilities for business meetings, conferences, and conventions; and
  25. (xxv)
    Other uses which are similar to any of the above, or any other use compatible with the provisions and purposes of this Section.
2. (B)
  The following uses are prohibited:
  1. (i)
    Recreational or entertainment establishments such as baseball, basketball, ice hockey, lacrosse, football, soccer, or boxing stadiums or arenas, racetracks, drag strips, or drive-in theaters; and
  2. (ii)
    Uses which would adversely affect the health or safety of residents or workers in the area, or be detrimental to the use or development of adjacent properties or the neighborhood in general.
3. (C)
  For the purposes of this Section, a "theme area" is defined as a group of varied, but interrelated, uses with a common theme.
(5)
Times of operation.
1. (A)
  Commercial recreational attractions may remain open for such periods during the year as are economically feasible. The ability to continue the use shall not be jeopardized by seasonal closings or closings for repair or renovation, provided the closing does not exceed a period of three (3) consecutive years. A project shall be deemed open when it is serving the general public.
(6)
Site plan and other submission requirements.
1. (A)
  The site plan submitted with the application shall contain the following information (in lieu of what is required by Section 27-296(c)):
  1. (i)
    A general description of the project and the proposed use;
  2. (ii)
    The existing and proposed traffic circulation system; and
  3. (iii)
    The general location, size, and height of all buildings and structures, including rides and animal enclosures, signs, and lighting.
2. (B)
  The applicant shall provide sufficient proof to the District Council that:
  1. (i)
    The proposed hours of operation and anticipated noise levels will not be detrimental to the use of adjacent properties; and
  2. (ii)
    Features will be incorporated to adequately protect adjacent properties against obtrusive elements which may emanate from the project.
3. (C)
  The District Council may require additional data or plans to assist it in evaluating the application.
(7)
Criteria for approval.
1. (A)
  In addition to other criteria for approval of Special Exceptions, the Council shall be guided by how well the proposed project meets the purposes of this Section.
(8)
Addition of land.
1. (A)
  After the approval of a Special Exception, any addition of land to the commercial recreational attraction shall be the subject of a new Special Exception application. The site plan accompanying the new application shall fully demonstrate the relationship of development shown on both the new and originally approved site plans. The additional land shall be contiguous to an approved commercial recreational attraction, and may be less than two hundred fifty (250) acres.
(9)
Amendment of site plan.
1. (A)
  Notwithstanding other provisions of this Part concerning the revision of site plans, requests to amend a site plan (formerly a concept plan for a commercial recreational attraction) shall only be approved by the District Council, and in accordance with this Subsection. Situations occurring as described in Sections 27-319(f) and 27-320(a)(3) of this Subtitle do not require an amendment of a previously approved site plan.
2. (B)
  Requests to amend the approved site plan shall be filed concurrently with the Clerk of the Council and the office of the Planning Board. After receipt of the request by the Clerk, the Office of the Zoning Hearing Examiner shall schedule a public hearing, which shall occur not less than sixty (60), nor more than one hundred twenty (120), days after receipt of the request. The request shall be reviewed by the Technical Staff, taking into consideration the requirements of this Subtitle. The Technical Staff shall submit its recommendations to the Zoning Hearing Examiner at least two (2) working days before the date of the public hearing. The public hearing shall be conducted by the Zoning Hearing Examiner, at which time the applicant, Planning Board, Technical Staff, and members of the public may comment on the proposed amendments. The hearing shall be conducted in accordance with Section 27-129. The property shall be posted with a sign in the same manner as required for original applications. After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council.
3. (C)
  Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
4. (D)
  If the District Council determines that the amendments are in accordance with the purposes and standards of this Section and the requirements of Section 27-317, it may approve the amended site plan. The approved amended site plan shall become the official site plan, as if it had been approved as a part of the original application for a Special Exception.
(10)
Detailed Site Plan.
1. (A)
  A Detailed Site Plan (or an amendment thereof) shall be submitted to, and approved by, the Planning Board (or its designee), in accordance with PART 3, Division 9, Subdivisions 1 and 3. For the purpose of this review, the site plan approved by the Council shall be considered the Conceptual Site Plan.
(11)
Special Exceptions granted by the District Council for commercial recreational attractions prior to July 1, 1975, shall be considered conforming uses in the same manner as if approved by the District Council in accordance with the provisions of this Section. Any plan of development (now called a site plan), which was approved prior to October 1, 1981, for development pursuant to an approved Special Exception for a commercial recreational attraction shall also fulfill the requirements of this Section for approval of a site plan (formerly concept plan).

(CB-1-1989; CB-20-1991; CB-40-1991; CB-115-1991; CB-56-1993; CB-1-2004)

Effective on: 1/1/1901

Sec. 27-343. Commercial recreational facilities (privately owned) on land leased from a public agency.

(a)

Privately owned recreational facilities, operating on a commercial basis on land leased from a public agency, may be permitted, subject to the following:

(1)
No building or other structure shall be located within fifty (50) feet of any abutting lot or street line;
(2)
The District Council may require additional setbacks, landscaping, screening, or other conditions it deems reasonable in order to protect adjacent properties or for public safety; and
(3)
Prior to consideration by the District Council, the site plan shall be referred to, and approved by, the public agency which owns the subject property.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-343.01. Reserved.

Effective on: 1/1/1901

Sec. 27-343.02. Concrete batching or mixing plant.

(a)

A concrete batching or mixing plant (including the batching and mixing of cement with sand, aggregates, and water; the storage of natural materials; and the mixing of materials in trucks) may be permitted, subject to the criteria, below.

(1)
Mixing plant components and other parts of the operation having the potential for generating adverse impacts (including conveying systems, concrete mixers, weighing hoppers, batching equipment, aggregate bins, truck mixing areas, truck wash-out facilities, and truck parking areas) shall be located at least three hundred (300) feet from the boundary lines of the subject property adjoining any land in any Residential or Commercial Zone (or land proposed to be used for residential or commercial purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone), and one hundred (100) feet from the boundaries of the subject property adjoining any land in any Industrial Zone (or land proposed to be used for industrial purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone). Other fixed installations (including automobile parking, settling ponds, and office uses) shall be located at least one hundred (100) feet from the boundaries of the subject property adjoining any land in any Residential Zone (or land proposed to be used for residential purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone).
(2)
The site plan and information accompanying the application for Special Exception shall be reproducible, or twelve (12) copies shall be submitted. In addition to the requirements of Section 27-296(c), the site plan and accompanying information shall show:
1. (A)
  The components of the mixing plant;
2. (B)
  The daily capacity of the plant;
3. (C)
  The location of all natural material stockpiles;
4. (D)
  The settling ponds, if any;
5. (E)
  The source of water to be used in the operation;
6. (F)
  Truck wash-out facilities, if any;
7. (G)
  The methods of disposing of waste materials;
8. (H)
  The internal traffic circulation system;
9. (I)
  The truck mixing areas;
10. (J)
  The parking and storage areas for all vehicles and equipment; and
11. (K)
  The identification of the trucks and heavy equipment to be used in the plant operation.
(3)
At least thirty (30) calendar days prior to the hearing before the Zoning Hearing Examiner, the applicant shall file a traffic analysis with the Zoning Hearing Examiner for inclusion with the original application, and send a copy to the Planning Board. The traffic analysis shall include the volume of traffic expected to be generated by the operation and shall identify the streets to be used between the site and the nearest other street (to be used) that has a minimum paved width of twenty-four (24) feet for its predominant length.
(4)
Driveways for ingress and egress shall be identified on the site plan, and shall be located so as to not endanger pedestrians or create traffic hazards. The applicant shall identify the dust-control measures to be used on the driveways and the interior traffic circulation system. Any ingress or egress driveway shall have a minimum width of twenty-two (22) feet, and shall be paved for a distance of at least two hundred (200) feet from the boundary line of the Special Exception.
(5)
In addition to the requirements of Section 27-296(c), all applications shall be accompanied by the following:
1. (A)
  A stormwater concept plan approved pursuant to Section 4-322 of this Code;
2. (B)
  A preliminary noise assessment;
3. (C)
  A horizontal profile illustrating all structures and stockpiles; and
4. (D)
  A grading plan that illustrates existing and proposed topography.

(b)

(c)

On land which is located within a Chesapeake Bay Critical Area Overlay Zone, development is subject to Subtitle 5B. No new concrete batching or mixing plant may be located in the R-C-O.

(CB-45-1986; CB-72-1972; CB-1-1989; CB-76-2010; CB-29-2014)

Effective on: 1/1/1901

Sec. 27-343.03. Concrete recycling facility.

(a)

A concrete recycling facility may be permitted, subject to the criteria below.

(1)
Concrete recycling facility components and other parts of the operation having the potential for generating adverse noise, dust, or vibration impacts shall be located at least three hundred (300) feet from the boundary lines of the subject property adjoining any land in any Residential or Commercial Zone (or land proposed to be used for residential or commercial purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone), and one hundred (100) feet from the boundaries of the subject property adjoining any land in any Industrial Zone (or land proposed to be used for industrial purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone). Other fixed installations (including automobile parking, settling ponds, and office uses) shall be located at least one hundred (100) feet from the boundaries of the subject property adjoining any land in any Residential Zone (or land proposed to be used for residential purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone).
(2)
The site plan and information accompanying the application for Special Exception shall be reproducible, or twelve (12) copies shall be submitted. In addition to the requirements of Section 27-296 (c), the site plan and accompanying information shall show:
1. (A)
  The components of the concrete recycling facility;
2. (B)
  The daily capacity of the facility;
3. (C)
  The location of all material stockpiles;
4. (D)
  The settling ponds, if any;
5. (E)
  The source of water to be used in the operation;
6. (F)
  Truck wash-out facilities, if any;
7. (G)
  The methods of disposing of waste materials;
8. (H)
  The internal traffic circulation system;
9. (I)
  The parking and storage areas for all vehicles and equipment; and
10. (J)
  The identification of the trucks and heavy equipment to be used in the facility operation.
(3)
Driveways for ingress and egress shall be identified on the site plan, and shall be located so as to not endanger pedestrians or create traffic hazards. The applicant shall identify the dust-control measures to be used on the driveways and the interior traffic circulation system. Any ingress or egress driveway shall have a minimum width of twenty-two (22) feet, and shall be paved for a distance of at least two hundred (200) feet from the boundary line of the Special Exception.
(4)
In addition to the requirements of Section 27-296 (c), all applications shall be accompanied by the following:
1. (A)
  A stormwater concept plan approved pursuant to Section 4-322 of this Code;
2. (B)
  A preliminary noise assessment;
3. (C)
  A horizontal profile illustrating all structures and stockpiles; and
4. (D)
  A grading plan that illustrates existing and proposed topography.
5. (E)
  A traffic analysis which includes the volume of traffic expected to be generated by the operation and identifies the streets to be used between the site and the nearest other street (to be used) that has a minimum paved width of twenty-four (24) feet for its predominant length.

(b)

(c)

On land which is located within a Chesapeake Bay Critical Area Overlay Zone, wash plants, including ponds, spoil sites, and equipment are prohibited within the Buffer, as defined in Subtitle 5B. No new concrete recycling facility shall be approved, and no such operation presently in existence or previously approved shall be permitted to continue or commence where any of the following circumstances are present:

(1)
Habitat protection areas have been or may be designated on the subject property, in accordance with criteria set forth in Subtitle 5B;
(2)
The use is located within the Buffer, as defined in Subtitle 5B;
(3)
The use would result in the substantial loss of long-range (twenty-five (25) years or more) productivity of forest and agriculture, or would result in a degrading of water quality; or
(4)
The subject property contains highly erodible soils.

(CB-78-2004; CB-76-2010; CB-29-2014)

Effective on: 1/1/1901

Sec. 27-344. Congregate living facility.

(a)

A congregate living facility for more than eight (8) elderly or physically handicapped residents, as defined by Section 12-168(a) of this Code, may be permitted, subject to the following:

(1)
There is a demonstrated need for the facility;
(2)
The facility is in compliance with the physical requirements of Subtitle 12, Division 7, of this Code, and shall be operated in accordance with the licensing and other requirements of that Subtitle; and
(3)
There shall be a separate bedroom of a minimum of one hundred (100) square feet for each resident, or a separate bedroom of a minimum of one hundred and sixty (160) square feet for every two residents, or any combination of the above, so as to satisfy the accommodations requirements of the "Regulations for Congregate Living Facilities" (required by Section 12-173(d) of this Code), for the maximum number of permitted residents.

(CB-90-1985)

Effective on: 1/1/1901

Sec. 27-344.01. Consolidated storage.

(a)

Consolidated storage may be permitted, subject to the following:

(1)
The application shall be accompanied by:
1. (A)
  An impact statement explaining:
  1. (i)
    The nature and scope of the operation; and
  2. (ii)
    The type and amount of traffic expected to be generated;
2. (B)
  A description (graphic and narrative) of the proposed architectural façade of the building.
(2)
The subject property shall have frontage on, and direct vehicular access to, an existing street with sufficient capacity to accommodate the type and amount of traffic expected to be generated by the use;
(3)
The use shall be appropriate, given the nature of development in the neighborhood; and
(4)
The District Council shall find that:
1. (A)
  There is a need for the public in the surrounding area;
(5)
The exterior and architectural façade of the building shall be compatible with the prevailing architecture and appearance of other development in the surrounding neighborhood;
(6)
Beginning June 23, 1988, no entrances to individual consolidated storage units shall be visible from a street or from adjoining land in any Residential or Commercial Zone (or land proposed to be used for residential or commercial purposes on an approved Basic Plan for a Comprehensive Design Zone, or any approved Conceptual or Detailed Site Plan);
(7)
Entrances to individual consolidated storage units shall be either oriented toward the interior of the development or completely screened from view by a solid wall, with landscaping along the outside thereof; and
(8)
Consolidated storage for which special exceptions were approved prior to the date reflected in paragraph 6, above, need not meet the provisions set forth in paragraphs 6 and 7, above.

(b)

In addition to what is required by Section 27-296(c)(1)(B), the site plan shall show the topography of the subject lot and abutting lots (for a depth of at least fifty (50) feet).

(CB-1-1989; CB-45-1999)

Effective on: 1/1/1901

Sec. 27-345. Container fabrication.

(a)

The fabrication of containers may be permitted, subject to the following:

(1)
All operations shall be located within a wholly enclosed building; and
(2)
There shall be no outdoor storage of either materials or finished products.

Effective on: 1/1/1901

Sec. 27-346. Reserved.

Effective on: 1/1/1901

Sec. 27-347. Conversion of one-family detached dwelling.

The conversion of a one-family detached dwelling to include a maximum of two (2) additional dwelling units in the same building may be permitted.

Effective on: 1/1/1901

Sec. 27-348. Country inn.

(a)

A privately operated country inn may be permitted, subject to the following:

(1)
The application shall indicate the type of inn proposed (lodging, food service, or both), and shall be accompanied by a description (either graphic or narrative) of the proposed architectural design of the inn;
(2)
Each proposed accessory use shall be identified, and the maximum square footage to be allocated to each use shall be indicated on the site plan submitted with the application. Accessory uses shall be limited to the following:
1. (A)
  Antique shop;
2. (B)
  Gift, Christmas, book, candle, and similar specialty shops;
3. (C)
  Bakery;
4. (D)
  Arts and crafts demonstrations and exhibits, including the sale of products;
5. (E)
  Sale of packaged or canned food products special to the establishment;
6. (F)
  Museums and cultural exhibits;
7. (G)
  Recreational uses for the sole use of overnight guests (for which no additional parking facilities shall be required); and
8. (H)
  Any other similar uses;
(3)
The subject property shall have frontage on, and direct vehicular access to, an existing street with sufficient capacity to accommodate any traffic generated by the inn;
(4)
In the case of publicly owned land, the application shall be accompanied by written evidence indicating approval of the submitted site plan by the public agency which owns the subject property; and
(5)
The District Council shall find that:
1. (A)
  The subject property is of sufficient size to accommodate development of a country inn of the type and scope proposed;
2. (B)
  The environmental setting of the subject property is appropriate for the development of a country inn; and
3. (C)
  The proposed building has historical, cultural, or architectural significance, or the appearance thereof.

Effective on: 1/1/1901

Sec. 27-348.01. Day care center for children.

(a)

A day care center for children may be permitted, subject to the following:

(1)
The District Council may specify the maximum number of children to be enrolled, which may not be increased by State or local health, education, or fire regulations;
(2)
An ample outdoor play or activity area shall be provided, in accordance with the following:
1. (A)
  All outdoor play areas shall have at least seventy-five (75) square feet of play space per child for fifty percent (50%) of the licensed capacity or seventy-five (75) square feet per child for the total number of children to use the play area at one (1) time, whichever is greater;
2. (B)
  All outdoor play areas shall be located at least twenty-five (25) feet from any dwelling on an adjoining lot, and shall be enclosed by a substantial wall or fence at least four (4) feet in height;
3. (C)
  A greater set back from adjacent properties or uses or a higher fence may be required by the District Council if it determines that it is needed to protect the health and safety of the children utilizing the play area;
4. (D)
  Any off-premises outdoor play or activity area shall be located in proximity to the day care center, and shall be safely accessible without crossing (at grade) any hazardous area, such as a street or driveway;
5. (E)
  The play area shall contain sufficient shade during the warmer months to afford protection from the sun;
6. (F)
  Sufficient lighting shall be provided on the play area if it is used before or after daylight hours to insure safe operation of the area; and
7. (G)
  Outdoor play shall be limited to the hours between 7 A.M. and 9 P.M.;
(3)
In the C-W, C-M, I-1, I-2, and I-4 Zones, a Special Exception for a day care center for children shall be allowed only if the Council finds that existing development and uses in the neighborhood (particularly on adjacent properties) will not adversely affect the proposed use.

(b)

In addition to the requirements of Section 27-296(c), the site plan shall show:

(1)
The proposed enrollment;
(2)
The location and use of all buildings located on adjoining lots; and
(3)
The location and size of outdoor play or activity areas.

(c)

Any day care center for children which has, on or before the effective date of this Ordinance, fully complied with the provisions of this Subtitle in effect at the time the use commenced shall not be required to meet the requirements of this Section, provided that the use has not been expanded or changed since that time. Any expansion or change shall be governed by the provisions of this Section, or of Sections 27-445.03, 27-464.02, 27-475.02, or 27-541.02.

(d)

For the purposes of this Section, enrollment shall mean the largest number of children enrolled in the center in any one (1) session.

(CB-23-1988; CB-98-1988; CB-1-1989)

Effective on: 1/1/1901

Sec. 27-348.02. Department or Variety Stores, Department or Variety Stores Combined With Food and Beverage Stores.

(a)

Department or Variety Stores and Department or Variety Stores combined with Food and Beverage Stores permitted in the use tables by Special Exception (SE) in the I-3, C-S-C and C-M zones shall be subject to the following requirements:

(1)
The site shall have frontage on and direct vehicular access to an existing arterial roadway, with no access to primary or secondary streets.
(2)
The applicant shall demonstrate that local streets surrounding the site are adequate to accommodate the anticipated increase in traffic.
(3)
The site shall contain pedestrian walkways within the parking lot to promote safety.
(4)
The design of the parking and loading facilities shall ensure that commercial and customer traffic will be sufficiently separated and shall provide a separate customer loading area at the front of the store.
(5)
All buildings, structures, off-street parking compounds, and loading areas shall be located at least:
1. (A)
  One hundred (100) feet from any adjoining land in a Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan; and
2. (B)
  Fifty (50) feet from all other adjoining property lines and street lines.
(6)
All perimeter areas of the site shall be buffered or screened, as required by the Landscape Manual; however, the Council may require additional buffering and screening if deemed necessary to protect surrounding properties.
(7)
The building entrance and nearby sidewalks shall be enhanced with a combination of special paving, landscaping, raised planters, benches and special light fixtures.
(8)
The application shall include a comprehensive sign package and a comprehensive exterior lighting plan.
(9)
The applicant shall use exterior architectural features to enhance the site's architectural compatibility with surrounding commercial and residential areas.
(10)
Not less than thirty percent (30%) of the site shall be devoted to green area.

(CB-2-2002; CB-13-2012; CB-64-2012)

Effective on: 1/1/1901

Sec. 27-348.03. Barber Shops.

(a)

A barber shop may be permitted, subject to the following:

(1)
The applicant/barber shop owner must reside on and own the subject property;
(2)
The barber shop use must be accessory to the primary use of the subject property as a single family residence, and must located in a structure which is physically attached to the residence. Additional accessory uses, including but not limited to retail sales of hair and skin products, manicure and pedicure services are prohibited.
(3)
The structure containing the use shall be located at least fifty feet from any dwelling on an adjoining lot;
(4)
Parking shall be provided on the subject site (no parking shall be allowed within the public right of way) at the rate of two (2) spaces for each barber chair and shall be setback at least ten (10) feet from any public right of way and lot line of the subject property and shall be buffered and screened from any adjoining residences not owned by the applicant;
(5)
The applicant/barber shop owner shall pay the appropriate fee to the Department of Public Works and Transportation (DPW&T) for the posting of "No Parking Anytime" signs on all adjoining streets in accordance with DPW&T standards;
(6)
Hours of operation shall be limited to the hours of 9:00 a.m. to 9:00 p.m., Monday through Friday; 7:00 a.m. to 6:00 p.m. Saturday and 10:00 a.m. to 3:00 p.m. on Sunday;
(7)
The use may be identified by an unilluminated sign, not exceeding eight (8) square feet in size attached to the accessory structure; and
(8)
The barber shop use may contain a maximum of three (3) barber chairs and three (3) shampoo bowls.

(b)

In addition to the requirements of Section 27-296(c), the site plan shall show:

(1)
The location of the primary residence and attached accessory structure on the subject property;
(2)
The location and use of all buildings on adjoining lots; and
(3)
The location of and buffering and screening of the required parking area.

(CB-81-2008)

Effective on: 1/1/1901

Sec. 27-349. Distillery for production of fuel alcohol.

(a)

A distillery for the production (and incidental bulk storage) of fuel alcohol may be permitted, subject to the following:

(1)
If the use is not operated in strict compliance with all Federal, State, and local laws and regulations applicable to the use, the Director of the Department of Permitting, Inspections, and Enforcement may immediately suspend the use and occupancy permit. The District Council may revoke the Special Exception upon petition by the Director in accordance with Section 27-328 of this Subtitle;
(2)
The subject property shall have frontage on, and direct vehicular access to, an existing street with sufficient capacity to accommodate the type and amount of traffic generated by the requested use. Vehicular access shall not be by means of streets internal to subdivisions for one-family dwellings;
(3)
In the O-S and R-A Zones, the subject property shall contain at least eighty (80) contiguous acres. All buildings, storage areas, and parking areas for the distillery shall be located at least two hundred (200) feet from all boundary lines of the subject property. The building height limit shall be as shown on the approved site plan, in lieu of that specified for the zone in which the use is located;
(4)
In the I-1 Zone, the subject property shall contain at least twenty-five (25) contiguous acres, and all buildings, storage areas, and parking areas for the distillery shall be located at least one hundred (100) feet from all boundary lines of the subject property;
(5)
All operations (except for permitted outdoor storage) shall be located in a wholly enclosed building;
(6)
The release, disposal, or storage of waste materials shall not be visible from off-site;
(7)
There shall be no outdoor storage of the finished product. Bulk storage of the finished product in a wholly enclosed building shall be considered an accessory use;
(8)
Raw materials, waste products, and other byproducts associated with the process shall be identified by the applicant prior to approval. Outdoor storage of raw materials, waste products, and other byproducts may be permitted. The outdoor storage area shall be buffered or screened in accordance with the provisions of the Landscape Manual;
(9)
An impact statement shall be submitted explaining:
1. (A)
  The proposed architectural design (graphic or narrative) of all buildings and structures;
2. (B)
  The scope of the operation;
3. (C)
  The proposed hours of operation;
4. (D)
  The provisions to be made for the control of noxious and offensive odors;
5. (E)
  The air pollution, water quality, and noise control measures to be taken;
6. (F)
  The type and amount of traffic expected to be generated; and
7. (G)
  The compatibility of the use with the surrounding area.
(10)
The District Council shall find that:
1. (A)
  The subject property is of sufficient size to accommodate development of the type and scope proposed;
2. (B)
  The location of the subject property is appropriate, given the nature of development and uses on adjoining properties and in the general neighborhood; and
3. (C)
  The facility will be designed and operated to blend harmoniously with the site, itself, and the surrounding area, taking into account architectural features, hours of operation, screening, and the orientation of the facility on the site.

(CB-50-1984; CB-33-1985; CB-1-1989; CB-29-2014)

Effective on: 1/1/1901

Sec. 27-350. Reserved.

Effective on: 1/1/1901

Sec. 27-350.01. Drug store.

(a)

A drug store may be permitted, subject to the following:

(1)
The applicant shall show a reasonable need for the use in the neighborhood.
(2)
The size and location of, and access to, the establishment shall be oriented toward meeting the needs of the neighborhood.
(3)
The proposed use shall not unduly restrict the availability of land or upset the balance of land use; and
(4)
In the I-1 and I-2 Zones, the proposed use shall be located in an area which is or will be developed with a concentration of industrial or office uses.

(CB-91-1986)

Effective on: 1/1/1901

Sec. 27-351. Dwelling units within building containing commercial uses.

(a)

Dwelling units may be permitted within a building containing commercial uses, subject to the following:

(1)
The building shall contain at least four (4) stories;
(2)
All dwellings shall be located above the third story of the building. No basement shall be considered a "story" for the purpose of this Section;
(3)
For the purpose of this Section, all dwellings shall be considered multifamily;
(4)
Where the use is proposed to be located within an existing commercial building by increasing the height of the building, the building line and setback requirements of Section 27-462 shall not apply. The dimensions for building lines and setbacks shown on the approved site plan shall constitute the regulations for development under a given Special Exception;
(5)
The site plan shall show the type, location, and extent of commercial uses within the building, and the total number of proposed dwelling units;
(6)
The total number of dwelling units shall be specifically approved;
(7)
The applicant shall demonstrate that:
1. (A)
  There is a compatible and functional interrelationship between the commercial, residential, and off-street parking components, taking into account the physical locations of the components relative to each other and the access to each; and
2. (B)
  The proposed development will not create, or substantially contribute to, traffic problems in the area; and
(8)
The District Council shall find that:
1. (A)
  The location of the subject property is suitable for the type and scope of development proposed, taking into account such factors as the existing urbanization of the neighborhood, traffic, and the character of surrounding properties and the neighborhood in general;
2. (B)
  The subject property is of sufficient size to accommodate development of the type and scope proposed; and
3. (C)
  The proposed development is consistent with the commercial character and appearance of the subject property.

(CB-28-1985; CB-22-2019)

Effective on: 1/1/1901

Sec. 27-352. Reserved.

Effective on: 1/1/1901

Sec. 27-352.01. Elderly housing (one-family attached dwellings).

(a)

Attached one-family dwellings for the elderly (and related facilities) may be permitted, subject to the following:

(1)
The subject property shall not be adjoining property in the R-O-S or O-S Zones, unless it is separated by an arterial roadway;
(2)
The site plan shall show the density (which shall not exceed the maximum allowable density of the zone in which the use is located, as set forth in Section 27-442(h), and the type and total number of dwelling units proposed (which may also include one-family detached dwellings);
(3)
The District Council shall find that the subject property is suitable for the type of development proposed and is of sufficient size to properly accommodate the proposed number of dwelling units;
(4)
A recreational facilities plan shall be submitted demonstrating that sufficient recreational facilities or opportunities are provided to serve the prospective resident population, consistent with their needs and abilities. Facilities may be provided on-site or within adjoining development. In any case, but particularly if on adjoining property, there shall be a staging plan for the facilities constructed. Recreational areas should be clustered together to increase levels of activity, use of amenities, and the sense of vitality of the community;
(5)
Regulations restricting the height of structures, lot size and coverage, frontage, setbacks, and any other requirements of the specific zone in which the use is proposed (excluding density, which shall be governed by Section 27-352.01(a)(2)) shall not apply to uses and structures provided for in this Section. The dimensions and percentages shown on the approved site plan shall constitute the regulations for a given Special Exception;
(6)
The owner of the property shall record among the Land Records of Prince George's County a declaration of covenants which establishes that the premises will be solely occupied by elderly families for a fixed term of not less than sixty five (65) years. The covenant shall run to the benefit of the County; and
(7)
The following guidelines should be considered:
1. (A)
  Dwelling units should be clustered around a central focal point or public space and should avoid linear design. Open space should be oriented to provide the best possible separation or buffer from adjoining single-family detached uses. The requirements of Section 24-137(g)(1), (2), and (5) through (10) shall serve as guidelines for site layout.
2. (B)
  No less than ten percent (10%) of the land area should be devoted to open space, recreation facilities, and social-oriented amenities.
3. (C)
  If a community building is proposed, no less than three (3) physically separate areas, which shall include the separation of a single room, should be provided within the building for recreational and social-oriented amenities of varying activity levels.
4. (D)
  Each outdoor space intended for active recreation should be a minimum of fifty (50) feet in width in least dimension, with a minimum area of five thousand (5,000) square feet.

(b)

Notwithstanding the provisions of subsection (a) of this Section, attached one-family dwellings for the elderly (and related facilities) may be permitted in the R-R Zone, subject to the following:

(1)
The gross tract area shall be between nine (9) and twenty (20) acres;
(2)
The property shall be located adjacent to a park owned by a public agency or land zoned R-O-S and owned by a public agency or the United States of America;
(3)
The property shall have at least one hundred fifty (150) feet of frontage on, and direct vehicular access to, a roadway with a functional transportation classification of collector or arterial;
(4)
Density shall be limited to no more than eight (8) dwelling units to the acre;
(5)
Regulations restricting the height of structures, lot size and coverage, frontage, setbacks, density, and any other requirements of the specific zone in which the use is proposed shall not apply to uses and structures provided for in this Section. The dimensions and percentages shown on the approved site plan shall constitute the regulations for a given Special Exception;
(6)
Recreational facilities shall be required. The requirement may be satisfied with a combination of on-site and off-site facilities. On-site facilities may be passive or active. Off-site recreational facilities obligations may be satisfied through contributions to the adjacent public-owned parkland, in coordination with the Prince George's County Department of Parks and Recreation; and
(7)
Age restrictions in conformance with the Federal Fair Housing Act shall be set forth in covenants submitted with the application. The covenants shall run to the benefit of the County, shall be approved by the District Council, and filed in the Land Records for Prince George's County shall be approved by the District Council, and filed in the land records at the time the final subdivision plat is recorded.
(8)
The requirements of Section 27-352.01(a)(7) shall apply.

(CB-71-1996; CB-106-2021)

Effective on: 1/1/1901

Sec. 27-352.02. Elderly housing (one-family detached dwellings).

(a)

Detached one-family dwellings for the elderly (and related facilities) may be permitted on a maximum of six (6) acres located in the Developing Tier as of November 30, 2004, subject to the following:

(1)
The subject property may not be adjoining property in the R-O-S or O-S Zones, unless it is separated by an arterial roadway.
(2)
The density may not exceed six (6) dwelling units per acre.
(3)
The District Council's detailed finding that the subject property is suitable for the type of development proposed and is of sufficient size to properly accommodate the proposed number of dwelling units.
(4)
A recreational facilities plan shall be submitted demonstrating that sufficient recreational facilities or opportunities are provided in accordance with the adopted Department of Parks and Recreation Standards to serve the prospective resident population, consistent with their needs and abilities. Facilities may be provided on-site or within adjoining development. In any case, but particularly if on adjoining property, there shall be a staging plan for the facilities constructed. Recreational areas should be clustered together to increase levels of activity, use of amenities, and the sense of vitality of the community.
(5)
Regulations restricting the height of structures, lot size and coverage, frontage, and setbacks, shall be in accordance with the requirements of the R-55 Zone.
(6)
For purposes of this Section, elderly housing is defined as housing for older persons as provided in Title 42 USC, Section 3607B and the regulations issued thereunder, and intended for and solely occupied by persons sixty-two (62) years of age and older.
(7)
The following guidelines should be considered:
1. (A)
  Open space should be oriented to provide the best possible separation or buffer from adjoining single-family detached uses. The requirements of Section 24-137 (g)(6) through (10) shall serve as guidelines for site layout.
2. (B)
  No less than ten percent (10%) of the land area should be devoted to open space, recreation facilities, and social-oriented amenities.
3. (C)
  If a community center is proposed, it shall have at least three (3) physically separate areas, including at least one (1) separate room. The separate areas shall provide space for recreational and social activities at different intensity levels.
4. (D)
  Each outdoor space intended for active recreation should be a minimum of fifty (50) feet in width in least dimension, with a minimum area of five thousand (5,000) square feet.
(8)
The following shall be reviewed at the time of Special Exception to address appearance and quality issues: size of dwelling units, construction material, garages, roof pitch, ceiling height, and amenities.

(CB-90-2004)

Effective on: 1/1/1901

Sec. 27-353. Farm implement sales or repair; farm supply sales.

(a)

In the R-A Zone, on a lot abutting land in the C-M, I-1, I-2, or I-4 Zone used for farm implement sales or repair, or farm supply sales, expansion of these businesses may be permitted, subject to the following:

(1)
Vehicular access to the subject property shall not be by means of any street internal to a subdivision for one-family dwellings.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-354. Fertilizer manufacturing.

(a)

The manufacturing of fertilizer may be permitted, subject to the following:

(1)
All operations shall be confined to the interior of a wholly enclosed building;
(2)
There shall be no outside storage of either raw materials or finished products; and
(3)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation;
2. (B)
  The provisions for control of noxious odors;
3. (C)
  The pollution control measures to be taken; and
4. (D)
  The compatibility of the use with the surrounding area.

Effective on: 1/1/1901

Sec. 27-355. Food or beverage store.

(a)

A food or beverage store may be permitted, subject to the following:

(1)
The applicant shall show a reasonable need for the use in the neighborhood;
(2)
The size and location of, and access to, the establishment shall be oriented toward meeting the needs of the neighborhood;
(3)
The proposed use shall not unduly restrict the availability of land, or upset the balance of land use, in the area for other allowed uses;
(4)
In the I-1 and I-2 Zones, the proposed use shall be located in an area which is (or will be) developed with a concentration of industrial or office uses;
(5)
The retail sale of alcoholic beverages from a food or beverage store approved in accordance with this Section is prohibited; except that the District Council may permit an existing use to be relocated from one C-M zoned lot to another within an urban renewal area established pursuant to the Federal Housing Act of 1949, where such use legally existed on the lot prior to its classification in the C-M Zone and is not inconsistent with the established urban renewal plan for the area in which it is located.

(CB-93-1984; CB-131-1984; CB-33-1985; CB-123-1985; CB-112-1986; CB-86-1988)

Effective on: 1/1/1901

Sec. 27-356. Foundry.

(a)

A foundry (for nonornamental ferrous metals) may be permitted, subject to the following:

(1)
All operations shall be confined to the interior of a wholly enclosed building;
(2)
There shall be no outside storage of raw materials or finished products;
(3)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation;
2. (B)
  The pollution control measures to be taken; and
3. (C)
  The compatibility of the use with the surrounding area.

Effective on: 1/1/1901

Sec. 27-356.01. Fraternity or sorority house.

(a)

A fraternity or sorority house may be permitted, subject to the following:

(1)
The proposed site plan shall show:
1. (A)
  The number of residents who will be accommodated;
2. (B)
  Uses on adjoining properties;
3. (C)
  Zoning of adjoining properties; and
4. (D)
  Distance to adjoining dwellings.
(2)
The use shall not adversely affect the character, use, or quiet enjoyment of adjoining properties.
(3)
The subject property, including the building, shall be of sufficient size for the proposed use.

Effective on: 1/1/1901

Sec. 27-357. Funeral parlor or undertaking establishment.

(a)

A funeral parlor or undertaking establishment may be permitted subject to the following:

(1)
The minimum side and rear yard setbacks shall be at least fifty (50) feet each, when adjoining land in any Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan;
(2)
If the subject property is located in a Residential Zone, it shall contain at least one and one-half (1 1/2) contiguous acres;
(3)
The use shall not depreciate the value of neighboring properties;
(4)
The use shall not adversely affect the character of neighboring properties; and
(5)
The use shall not create undue traffic congestion.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-358. Gas station.

(a)

A gas station may be permitted, subject to the following:

(1)
The subject property shall have at least one hundred and fifty (150) feet of frontage on and direct vehicular access to a street with a right-of-way width of at least seventy (70) feet;
(2)
The nearest gas pump on the subject property shall be located at least three hundred (300) feet from any lot on which a school, outdoor playground, library, hospital, or a structure used as a residence is located;
(3)
The use shall not include the display and rental of cargo trailers, trucks, or similar uses, except as a Special Exception in accordance with the provisions of Section 27-417;
(4)
The storage or junking of wrecked motor vehicles (whether capable of movement or not) is prohibited;
(5)
Access driveways shall be not less than thirty (30) feet wide unless a lesser width is allowed for a one-way driveway by the Maryland State Highway Administration or the County Department of Permitting, Inspections, and Enforcement, whichever is applicable, and shall be constructed in compliance with the minimum standards required by the County Road Ordinance or Maryland State Highway Administration regulations, whichever is applicable. In the case of a corner lot, a driveway may begin at a point not less than twenty (20) feet from the point of curvature (PC) of the curb return or the point of curvature of the edge of paving at an intersection without curb and gutter. A driveway may begin or end at a point not less than twelve (12) feet from the side or rear lot line of any adjoining lot;
(6)
Access driveways shall be defined by curbing;
(7)
A sidewalk at least five (5) feet wide shall be provided in the area between the building line and the curb in those areas serving pedestrian traffic;
(8)
Gasoline pumps and other service appliances shall be located at least twenty-five (25) feet behind the street line;
(9)
Repair service shall be completed within forty-eight (48) hours after the vehicle is left for service. Discarded parts resulting from any work shall be removed promptly from the premises. Automotive replacement parts and accessories shall be stored either inside the main structure or in an accessory building used solely for the storage. The accessory building shall be wholly enclosed. The building shall either be constructed of brick (or another building material similar in appearance to the main structure) and placed on a permanent foundation, or it shall be entirely surrounded with screening material. Screening shall consist of a wall, fence, or sight-tight landscaping material, which shall be at least as high as the accessory building. The type of screening shall be shown on the landscape plan.
(10)
Details on architectural elements such as elevation depictions of each façade, schedule of exterior finishes, and description of architectural character of proposed buildings shall demonstrate compatibility with existing and proposed surrounding development.
(11)
At least two (2) Level 3 or DC fast charger electric vehicle charging stations must be provided on-site for public use.
(12)
Any Special Exception or Detailed Site Plan application filed prior to January 1, 2022, and approved shall not be subject to this provision and shall be deemed a conforming use.

(b)

In addition to what is required by Section 27-296(c), the site plan shall show the following:

(1)
The topography of the subject lot and abutting lots (for a depth of at least fifty (50) feet);
(2)
The location and type of trash enclosures; and
(3)
The location of exterior vending machines or vending area.

(c)

Upon the abandonment of a gas station, the Special Exception shall terminate and all structures exclusively used in the business (including underground storage tanks), except buildings, shall be removed by the owner of the property. For the purpose of this Subsection, the term "abandonment" shall mean nonoperation as a gas station for a period of fourteen (14) months after the retail services cease.

(d)

When approving a Special Exception for a gas station, the District Council shall find that the proposed use:

(1)
Is necessary to the public in the surrounding area; and
(2)
Will not unduly restrict the availability of land, or upset the balance of land use, in the area for other trades and commercial uses.

(CB-8-1984; CB-1-1989; CB-48-1998; CB-22-1999; CB-72-1999; CB-29-2014; CB-48-2021)

Effective on: 1/1/1901

Sec. 27-359. Golf course; private club; nonprofit recreational uses.

(a)

A golf course, private club, community building, or other nonprofit recreational use may be permitted, when it is not publicly owned or operated. Concessions for serving food and refreshments to, and entertainment for, club members and guests, may also be permitted. This special exception does not apply to community swimming pools, golf driving ranges, or miniature golf courses.

(b)

A golf course may be permitted in the V-L and V-M Zones, provided the District Council finds that the proposed use:

(1)
Preserves the open space, scenic vistas, and environmental features of the area;
(2)
Complements the natural characteristic of the area; and
(3)
Provides enjoyment or recreational activities, including passive recreational activities, for the residents of the Zone.

(CB-10-1992)

Effective on: 1/1/1901

Sec. 27-360. Reserved.

Effective on: 1/1/1901

Sec. 27-361. Heavy armament fabrication.

(a)

The fabrication of heavy armament may be permitted, subject to the following:

(1)
All operations shall be confined to the interior of a wholly enclosed building;
(2)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation;
2. (B)
  The proposed buffering and screening of any outdoor storage areas; and
3. (C)
  The compatibility of the uses with the surrounding area.

Effective on: 1/1/1901

Sec. 27-362. Health campus.

(a)

A health campus may be permitted, subject to the following:

(1)
General requirements.
1. (A)
  The subject property shall be suitable for the integration of a hospital and other medical facilities with any proposed residences, services, and recreational facilities.
(2)
Special requirements.
1. (A)
  The subject property shall contain at least twenty-five (25) contiguous acres, except as provided in paragraph (5), below;
2. (B)
  The subject property shall have frontage on, and direct vehicular access to, a street with sufficient capacity to accommodate the traffic generated by the campus;
3. (C)
  All buildings and structures shall be located at least:
  1. (i)
    Fifty (50) feet from all adjoining property lines (except street lines); and
  2. (ii)
    Twenty-five (25) feet from all adjoining street lines;
4. (D)
  All off-street parking and loading facilities shall be located at least:
  1. (i)
    Fifty (50) feet from any adjoining land in a Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan;
  2. (ii)
    Six (6) feet from any adjoining street; and
  3. (iii)
    Ten (10) feet from any other land than that in (i) and (ii), above;
5. (E)
  All of the parking and loading needs of employees and residents of, and visitors and delivery services to, the site shall be met on the subject property;
6. (F)
  All perimeter setback areas of the site shall be buffered or screened in accordance with the provisions of the Landscape Manual. The applicant shall demonstrate that the required buffer yards will provide reasonable sight and sound barriers;
7. (G)
  Not less than forty percent (40%) of the site shall be devoted to green area; and
8. (H)
  Regulations restricting location, height, coverage, density, frontage, and yards, of buildings and structures, as specified for the zone in which such campus is located, shall not apply to uses or structures provided for in this Section. The dimensions and percentages shown on the approved site plan shall constitute the regulations for development under a given Special Exception.
9. (I)
  Notwithstanding Section 27-118.01, more than one (1) building may be located on a lot containing a one-family dwelling.
(3)
Uses.
1. (A)
  Only those uses which appear on an approved site plan shall be permitted on the health campus. The District Council may only approve those uses which provide a harmonious, balanced mix of medical, residential, and limited commercial uses, and which are necessary to meet the needs of the campus. Every health campus shall contain a general acute care hospital developed as the core of the campus. Other uses may include, (but need not be limited to) the following:
  1. (i)
    Medical facilities, including professional offices, medical laboratories and testing facilities, clinical facilities, professional or paramedical training centers, ambulatory care facilities, and accessory uses. Business signs in conjunction with approved medical facilities shall only be permitted in accordance with the provisions of PART 12 of this Subtitle applicable to the C-O Zone;
  2. (ii)
    Nursing and care homes; medical day care, adult day care, respite care, and day care for sick children (all of which may include areas beyond the health campus as their service area); rental dwelling units for the use of staff, visitors, and elderly or physically handicapped persons; one (1) motel or hotel as an integral part of the campus; provided that day care for sick children shall only be provided in a licensed hospital unit.
  3. (iii)
    Retail commercial and service uses (including accessory warehousing and laundry facilities), which are strictly related and subordinate to the medical/residential character of the campus, and which directly serve the residents, employees and guests of the campus or other campuses or medical facilities. The commercial uses shall be chosen to reflect their local orientation to the immediate campus vicinity, and shall be of such size and scope as to not interfere with existing or proposed retail uses located in the off-campus area. Business signs in conjunction with retail commercial uses shall only be permitted in accordance with the provisions of PART 12 of this Subtitle applicable to the commercial zones (other than the C-O Zone); and,
  4. (iv)
    Recreational and social uses, such as swimming pools, tennis courts, athletic facilities, community centers, assembly halls, or private educational institutions, limited to use by only campus residents, employees, and guests.
(4)
Site plans and other submission requirements.
1. (A)
  In addition to the requirements of Section 27-296(c), the site plan shall set forth the:
  1. (i)
    Use, character, and zoning classification of adjoining properties;
  2. (ii)
    Existing and proposed right-of-way and paving widths of adjoining streets;
  3. (iii)
    Existing and proposed topography of the site at not more than five (5) foot contour intervals;
  4. (iv)
    Existing and proposed drainage patterns;
  5. (v)
    Existing vegetation and other natural features; and
  6. (vi)
    Proposed provisions for erosion and sediment control and storm water management.
(5)
Addition of land.
1. (A)
  After the approval of a Special Exception, any addition of land to the campus shall be the subject of a new Special Exception application. The site plan accompanying the new application shall include the required information for both the previously approved campus and the proposed additional land. The approval of the new site plan shall nullify the previously approved site plan. The additional land shall be contiguous to an approved health campus, and may contain less than twenty-five (25) acres.
(6)
Amendment of site plan.
1. (A)
  Notwithstanding other provisions of this Subtitle concerning revision of site plans, requests to amend a site plan for a health campus shall only be approved by the Planning Board under paragraph 27-362(a)(7) or the District Council under this paragraph 27-362(a)(6). The Planning Board is authorized to grant minor changes to site plans for health campuses, subject to appeal to the District Council. Such amendments to site plans may be permitted provided that any of the following three (3) situations exists:
  1. (i)
    Situation No. 1.
    (aa)
    There is a proposed increase in gross floor area of a building or in land area covered by a structure other than a building (over that approved on the original or amended site plan) which is not greater than ten percent (10%) of the gross floor area or covered land area or 500 square feet, whichever is less (see Figure 40), except as provided in (iii) below; or
    (bb)
    There is a proposed relocation (in any direction) of any improvement (approved on the original or amended plan) which is not greater than ten percent (10%) of the distance to the boundary line of the special exception or twenty (20) feet, whichever is less (see Figure 41).
  2. (ii)
    Situation No. 2.
    (aa)
    There is a proposed expansion or addition of a parking lot or parking garage; or
    (bb)
    There is a proposed change in a landscape plan.
  3. (iii)
    Situation No. 3.
    (aa)
    There is a proposed increase in gross floor area of the hospital for an addition to the emergency room only; and
    (bb)
    There is a proposed relocation of the existing helipad of less than 150 feet to accommodate the addition described in (aa).
2. (B)
  The minor change request shall be in the form of an application filed with the Planning Board. The contents of the application shall be determined by the Planning Board. Along with filing the application, the applicant shall submit an amended site plan and Statement of Justification. The Planning Board shall conduct a public hearing and notice shall be provided in the same manner as for the original application.
3. (C)
  The Planning Board's decision to amend a site plan may be appealed to the District Council upon petition by any person of record. The petition shall specify the error which is claimed to have been committed by the Planning Board and shall also specify those portions of the record relied upon to support the error alleged. 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.
  1. (i)
    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 amended site plan, all written evidence and materials submitted for consideration by the Planning Board, a transcript of the public hearing on the site plan, and any additional information or explanatory material deemed appropriate.
  2. (ii)
    Within forty-five (45) days, 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.
  3. (iii)
    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 amended site plan to the Planning Board to take further testimony or reconsider its decision. Where the Council approves an amended site plan, it shall make the same findings which are required to be made by the Planning Board.
  4. (iv)
    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.
4. (D)
  Requests to amend the approved site plan in all instances other than those described in paragraph 6(A), above, shall be filed concurrently with the Clerk of the Council and the office of the Planning Board. Upon receipt of the request by the Clerk, the Office of the Zoning Hearing Examiner shall schedule a public hearing, which shall occur not less than sixty (60), nor more than one hundred twenty (120), days after receipt of the request. The request shall be reviewed by the Technical Staff, taking into consideration the requirements of this Subtitle. The Technical Staff shall submit its recommendations to the Zoning Hearing Examiner within sixty (60) calendar days from the date of filing. The public hearing shall be conducted by the Zoning Hearing Examiner, at which time the applicant, the Planning Board, Technical Staff, and members of the public may comment on the proposed amendment. The hearing shall be conducted in accordance with Section 27-129. The property shall be posted with a sign in the same manner as required for original applications. After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council.
5. (E)
  Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
6. (F)
  All amendments shall be in conformance with the purposes, regulations, and standards of this Section.
7. (G)
  The approved amended site plan shall become the official site plan, as if it had been approved as a part of the original application for a Special Exception.
8. (H)
  The revised site plan shall comply with all applicable requirements of this Subtitle and with any conditions, relating to the use, imposed by the District Council or Planning Board in the approval of the building or use.
9. (I)
  When a minor change is approved by the Planning Board, any requirements or conditions deemed necessary to protect adjacent properties and the general neighborhood may be added.
(7)
Optional method of amending site plan.
1. (A)
  Notwithstanding the provisions of paragraph 27-362(a)(6), the procedures in this paragraph 27-362(a)(7) may be followed, at the applicant's option, to amend a Special Exception Site Plan for a health campus approved before January 1, 1982, if the application involves at least ten (10) but no more than fifteen (15) acres; if the lots or parcels which are the subject of the application contain a hospital; if all site plan amendments are confined to those lots or parcels; and if the amendments meet all requirements in this paragraph.
2. (B)
  The applicant shall meet all filing requirements for site plan amendments under paragraph (6). The application shall be accepted for processing if it is signed by the owner of the subject lots or parcels where the hospital is located and the improvements will be built.
3. (C)
  Proposed site plan amendments under this paragraph (7) shall meet the following requirements:
  1. (i)
    Amendments may not reduce any setbacks required in this Subtitle or the Landscape Manual;
  2. (ii)
    The site plan as amended shall show compliance with all parking and loading requirements in PART 11;
  3. (iii)
    Amendments may not reduce the greenspace on the subject lots or parcels below twenty percent (20%) of the area of the subject lots or parcels, but if site plan amendments reduce the greenspace on the subject lots, then the greenspace requirement on all property covered by the Special Exception shall also be reduced to twenty percent (20%); and
  4. (iv)
    Amendments may show the following improvements only: additions to the hospital building; one medical office building; and parking structures required for the hospital or office building;
4. (D)
  The application may be approved administratively by the Planning Director, subject to appeal to the Planning Board, but no further administrative appeal is allowed. Notification and posting shall be provided in the same manner as for the original application. Any person who requests it shall be registered as a person of record and given written notice by first-class mail of the Planning Director's final decision. An appeal to the Planning Board may be filed with the Planning Director by any person of record, within thirty (30) days of the mailing of notice of the decision. The Planning Board shall hear and decide the appeal within sixty (60) days of its filing.
(8)
Conversion of hospital to health campus.
1. (A)
  Requests to convert an existing hospital to a health campus shall be made only for residential property containing a minimum of twenty-five (25) acres and shall be processed in accordance with the requirements for an amendment of a health campus site plan.

(CB-57-1986; CB-20-1991; CB-56-1993; CB-41-1998; CB-10-2002; CB-21-2002; CB-1-2004)

Effective on: 1/1/1901

Sec. 27-363. Height limit, dwellings in R-10A and R-10 Zones.

(a)

The construction of any multifamily dwelling in excess of one hundred ten (110) feet in the R-10A or R-10 Zone may be permitted, subject to the following:

(1)
The approval of the Special Exception and the site plan shall be valid for only one (1) year. If, at the end of that time, construction of the proposed dwelling has not begun, the approval shall be considered as having lapsed and shall be of no effect. Construction will be deemed to have begun when all excavation and piers or footings of one (1) or more dwellings have been completed.

(CB-57-1986; CB-1-1989)

Effective on: 1/1/1901

Sec. 27-364. Hospital; nursing or care home; eleemosynary or philanthropic institution.

(a)

A hospital, eleemosynary or philanthropic institution, or nursing or care home may be permitted, subject to the following:

(1)
Hospital:
1. (A)
  Total area - 5 contiguous acres;
2. (B)
  Street frontage - 300 feet; and
3. (C)
  Setback - 50 feet from all boundary lines of the Special Exception.
(2)
Eleemosynary or philanthropic institution, except exclusively office use:
1. (A)
  Total area - 1 acre;
2. (B)
  Street frontage - 150 feet;
3. (C)
  Setback - 25 feet from all boundary lines of the Special Exception.
(3)
Eleemosynary or philanthropic institution, exclusively office use, or office use with one (1) dwelling unit within the main building which is subordinate in floor area to the office use:
1. (A)
  Total area - 20,000 square feet;
2. (B)
  Street frontage - 65 feet;
3. (C)
  Setback - 25 feet from all boundary lines of the Special Exception.
(4)
Nursing or care home where not more than ten (10) persons are cared for:
1. (A)
  Total area - 1/2 acre;
2. (B)
  Street frontage - 150 feet;
3. (C)
  Setback - 25 feet from all boundary lines of the Special Exception.
(5)
Nursing or care home in the C-O Zone where eleven (11) or more persons are cared for:
1. (A)
  Total area - 2 acres, or 300 square feet per person cared for, whichever is greater;
2. (B)
  Street frontage - 150 feet;
3. (C)
  Setback - 25 feet from all boundary lines of the Special Exception.
(6)
Nursing or care home in all other zones where this use is permitted by Special Exception, where eleven (11) or more persons are cared for:
1. (A)
  Total area - 1/2 acre, plus 1,000 contiguous square feet for each person cared for above 10;
2. (B)
  Street frontage - 150 feet;
3. (C)
  Setback - 25 feet from all boundary lines of the Special Exception.

(CB-118-1991; CB-88-1993)

Effective on: 1/1/1901

Sec. 27-365. Hotel or motel.

(a)

A hotel or motel may be permitted (except those covered under Subsection (b), below), subject to the following:

(1)
The proposed use shall be located in an area which is or is to be developed with a concentration of industrial or office uses;
(2)
The proposed use shall have frontage on, and direct vehicular access to, a street with a right-of-way width of at least seventy (70) feet;
(3)
The proposed use may include any of the following accessory uses. All accessory uses, and their square footages, shall be shown on the approved site plan. Notwithstanding any other requirement of this Subtitle, these accessory uses shall be permitted without obtaining a separate Special Exception:
1. (A)
  Cocktail lounge or night club;
2. (B)
  Gift shop;
3. (C)
  Beauty shop;
4. (D)
  Barber shop;
5. (E)
  Auditorium;
6. (F)
  Recreational uses;
7. (G)
  Sauna, public spa, or steam room;
8. (H)
  Solarium;
9. (I)
  Valet shop;
10. (J)
  Similar retail stores and consumer service establishments;
11. (K)
  Restaurant;
12. (L)
  Meeting facilities; and
13. (M)
  Lobby and registration area;
(4)
In reviewing the application, the District Council shall pay particular attention to surrounding existing and proposed land uses and the compatibility of the hotel or motel and its accessory uses with the surrounding area.

(b)

In the R-R Zone, a motel (which may include an accessory swimming pool or public spa for the sole use of transient guests) may be permitted, subject to the following:

(1)
The subject property shall contain at least five (5) acres;
(2)
The lot shall have frontage of at least two hundred (200) feet on and vehicular access to a street with a right-of-way width of at least one hundred twenty (120) feet;
(3)
If the subject property abuts land which is or is to be developed for residential purposes, a substantial, sightly fence at least six (6) feet high shall be constructed and maintained along that part of the property line abutting the residential land;
(4)
No building, structure, or parking area shall be located less than:
1. (A)
  Fifty (50) feet from the street line or land in a Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan;
2. (B)
  Twenty-five (25) feet from land in a Commercial or Industrial Zone, or land proposed to be used for commercial or industrial purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan;
3. (C)
  Two hundred (200) feet from an existing dwelling; or
4. (D)
  One hundred fifty (150) feet from the center line of any street or public right-of-way;
(5)
Each guest room shall have its own toilet and washroom. Cooking facilities shall be prohibited in the rooms; and
(6)
A restaurant or coffee shop (without entertainment) shall be permitted as an accessory use, provided the subject property contains at least seven (7) contiguous acres, and that the motel has at least fifty (50) guest rooms. Parking for the restaurant shall be in addition to that required for the motel.

Effective on: 1/1/1901

Sec. 27-366. Insurance sales office.

(a)

The offices of not more than two (2) insurance brokers, agents, or salesmen may be permitted in a dwelling, subject to the following:

(1)
At least one (1) of the brokers, agents, or salesmen shall be a bona fide resident of the dwelling;
(2)
Suitable office space is not available within the general vicinity;
(3)
At least fifty percent (50%) of the gross floor area of the dwelling shall be devoted to residential use;
(4)
The use shall not alter the residential character or appearance of the premises; and
(5)
Not more than one (1) nonresident clerical assistant may be employed on the premises.

(b)

A use and occupancy permit shall be required for the this use.

Effective on: 1/1/1901

Sec. 27-367. Junk yard.

(a)

A junk yard may be permitted, subject to the following:

(1)
The use shall be enclosed by a solid, sightly light-tight wall or fence at least eight (8) feet high, and found to be satisfactory by the District Council;
(2)
The fence shall not be constructed of corrugated metal or fiberglass or sheet metal;
(3)
Outdoor storage shall not be visible from the ground level beyond the fence; and
(4)
Interior storage shall be located in a fireproof building.

Effective on: 1/1/1901

Sec. 27-368. Kennel.

(a)

A kennel may be permitted as a temporary Special Exception, if adjacent areas are predominantly undeveloped.

(b)

The District Council shall determine the period of time for which the Special Exception is valid, except in the O-S Zone where the Special Exception shall be renewed every three (3) years.

(c)

In the O-S Zone, the subject property shall contain at least ten (10) contiguous acres.

Effective on: 1/1/1901

Sec. 27-369. Landscaping contractor's business.

(a)

A landscaping contractor's business may be permitted, subject to the following:

(1)
The subject property shall contain at least twenty-five (25) contiguous acres. The District Council may reduce this area requirement to no less than five (5) contiguous acres provided: (A) In addition to the justification statement, the applicant files an impact statement explaining the scope of the business, including without limitation, the number of employees, the number and type of trucks and other vehicles and the provisions to protect adjoining and adjacent residential properties from noise, vibration, visual, odor, or other adverse effects; and
1. (B)
  The District Council determines, from the impact statement and evidence in the record, that landscaping, screening, buffering, green area, or special conditions on the subject property will adequately protect adjoining and adjacent residential properties.
(2)
The subject property shall have frontage on, and direct vehicular access to, an existing street with sufficient capacity to accommodate the type and amount of traffic to be generated by the business;
(3)
Vehicular access to the subject property shall not be by means of streets internal to residential subdivisions;
(4)
All business operations (except the outdoor growing of nursery stock) shall be located at least two hundred (200) feet from any abutting land in any Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan. The District Council may waive this setback requirement if it determines that the buffer yard required in the Landscape Manual will adequately protect abutting residential land. These operations shall be screened from the view of the abutting residential land in accordance with the Landscape Manual; and
(5)
Outdoor storage of equipment and materials (except nursery stock) shall not be visible from a street.

(CB-1-1989; CB-21-2004)

Effective on: 1/1/1901

Sec. 27-370. Lawn mower or bicycle repair shop (motorized).

(a)

A shop for the repair of motorized lawn mowers and bicycles may be permitted, subject to the following:

(1)
The entire operation shall be performed in a wholly enclosed building.

Effective on: 1/1/1901

Sec. 27-371. Limited professional uses in multifamily projects.

(a)

The offices of accountants, architects, clergymen, engineers, lawyers, medical practitioners, and those of similar recognized and learned professions may be permitted, subject to the following:

(1)
Office space suitable for the practice of the profession is unavailable in the nearest Commercial Zone;
(2)
Office use shall be limited to not more than four (4) such professionals in any multifamily project;
(3)
The office shall not be located above the ground-level floor, and shall be so located, constructed, and sound controlled as to protect tenants of the building from noise, odor, and office traffic;
(4)
The residential appearance of the exterior of the premises shall not be changed;
(5)
There is a demonstrated need for the use, based on population, the unavailability of other similar professionals in the general vicinity, and other relevant factors; and
(6)
Although the use need not be located in a multifamily building, it shall be located within a multifamily project.

Effective on: 1/1/1901

Sec. 27-371.01. Marinas and marina expansions.

(a)

New marinas may be permitted, subject to the following:

(1)
The use is not located within the Buffer in any Resource Conservation Area;
(2)
The use shall comply with the sanitary requirements of the State Department of Health and Mental Hygiene, as required in Code of Maryland Regulations 10.17.02, and all other State and local Chesapeake Bay Critical Area regulations;
(3)
A means of minimizing the discharge of bottom wash waters from dry dock facilities into tidal waters shall be established;
(4)
It shall be demonstrated that there will be adequate all-weather access from the landward side to accommodate all proposed facilities;
(5)
It shall be demonstrated that there will be safe boating access from the marina to cruising waters;
(6)
The facilities shall be in conformance with the locational requirements set forth in the Master Plan, if applicable;
(7)
Only those facilities that require access to the water may be located within the Buffer;
(8)
To the extent possible, wetlands shall be preserved, and development shall be located in the upland areas;
(9)
Significant fish spawning grounds and shellfish harvesting areas shall be protected;
(10)
An economic feasibility study that justifies the uses, size, and types of boats that are included within the facility shall be submitted with the application;
(11)
The boundaries of water and land which will receive ingress and egress of boats or similar waterborne vehicles associated with the marina shall be shown in the application submittals;
(12)
Prior to the issuance of a building permit, evidence that the required State and federal permits and approvals have been addressed shall be placed in the County's official Special Exception file;
(13)
It shall be demonstrated that the use will not adversely affect water quality;
(14)
The use is water-dependent, pursuant to the definition of water-dependent uses set forth in COMAR 14.15.03.01 and the criteria of COMAR 14.15.03.04.B, or, if the use is not water-dependent, structures or activities shall be located outside the Buffer insofar as possible;
(15)
The use meets a recognized public or private need;
(16)
Adverse effects on water quality and on fish, plant, and wildlife habitats are minimized;
(17)
The use is consistent with the approved Master Plan for the area;
(18)
The activities will not significantly alter existing water circulation patterns or salinity regimes;
(19)
The water body upon which these activities are proposed has adequate flushing characteristics in the area;
(20)
Disturbance to wetlands, submerged aquatic plant beds, or other areas of important habitats will be minimized;
(21)
Dredging shall be conducted in a manner, and using a method, which causes the least disturbance to water quality and aquatic and terrestrial habitats in the area immediately surrounding the dredging operation or within the Critical Area, generally;
(22)
Dredged spoil will not be placed within the Buffer or elsewhere in that portion of the Chesapeake Bay Critical Area Overlay Zones which has been designated as a Habitat Protection Area, except as necessary for:
1. (A)
  Backfill for permitted shore erosion protection measures;
2. (B)
  Use in approved vegetated shore erosion projects;
3. (C)
  Placement on previously approved channel maintenance spoil disposal areas; and
4. (D)
  Beach nourishment; and
(23)
Interference with the natural transport of sand will be minimized.

(b)

Existing marinas may be expanded, subject to the following:

(1)
The use shall be in compliance with the above requirements for new marinas; and
(2)
It shall be demonstrated that the expansion will result in an overall net improvement in water quality.

(CB-72-1987; CB-57-1989)

Effective on: 1/1/1901

Sec. 27-372. Massage establishment.

(a)

A massage establishment may be permitted, subject to the following:

(1)
The structure in which the use is proposed shall be located at least one thousand (1,000) feet from any land in any Residential Zone, land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan, or any school, library, park, recreational facility, or church.

Effective on: 1/1/1901

Sec. 27-372.01. Medical Cannabis Uses—Dispensary (M-U-I and M-X-T Zones).

(a)

The boundaries of property used as a medical cannabis dispensary shall be:

(1)
at least 500 feet from any R-A, R-E, R-L, R-R, R-S, R-80, or R-55 Zone;
(2)
at least 500 feet from any recreation center, playground or trail owned by the Maryland-National Capital Park and Planning Commission;
(3)
at least 500 feet from any school land uses; and
(4)
at least one mile from any other medical cannabis dispensary use.

(b)

Minimum parking requirements for a medical cannabis dispensary shall be at least equivalent to the minimum parking requirements for a medical practitioner's office/medical clinic set forth in PART 11 of this Subtitle.

(c)

Medical cannabis dispensary is not permitted as an accessory use.

(d)

Outdoor signage shall be limited to building mounted signs and advertisement for cannabis or cannabis products is prohibited.

(CB-5-2016; CB-41-2021)

Effective on: 1/1/1901

Sec. 27-373. Medical practitioner's office in a one-family dwelling.

(a)

A medical practitioner's office may be permitted in a one-family dwelling, subject to the following:

(1)
In each dwelling, there may be either two (2) practitioners who are bona fide residents of the dwelling or not more than two (2) practitioners who are not bona fide residents of the dwelling;
(2)
The applicant shall demonstrate that there is a need for an additional practitioner in the area, based on the population to be served and the availability of other practitioners in the general vicinity;
(3)
Commercially zoned office space (suitable for the practice) is not available in the neighborhood;
(4)
The use shall not alter the residential character or appearance of the premises;
(5)
Not more than a combined total of four (4) nonprofessional assistants may be employed on the premises at any one (1) time, whether in connection with a practitioner's office or another permitted use;
(6)
A use and occupancy permit shall be required for this use; and
(7)
The Zoning Enforcement Officer shall investigate all complaints about uses granted under this Section, and shall forward a report thereon (with or without recommendation) to the District Council. The District Council may, after sending notice to the property owner and following a public hearing held by the Zoning Hearing Examiner in accordance with Section 27-129 on the matter, revoke, suspend, or modify the Special Exception, upon a finding that the use has an adverse effect upon the neighborhood. The following procedures shall apply:
1. (A)
  After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council.
2. (B)
  All persons of record shall be given at least ten (10) days written notice by the Clerk of the Council of the date and time of the District Council's consideration of the matter.
3. (C)
  Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council.
4. (D)
  Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.

(CB-56-1993)

Effective on: 1/1/1901

Sec. 27-374. Medical/residential campus.

(a)

A medical/residential campus for retirement-aged persons may be permitted, subject to the following:

(1)
General requirements.
1. (A)
  The campus shall primarily serve needs of the retirement-aged community. Age restrictions in conformance with the Federal Fair Housing Act shall be set forth in covenants submitted with the application and shall be approved by the District Council and filed in the land records at the time the final subdivision plat is recorded;
2. (B)
  The campus shall achieve a balanced residential/medical environment which is unique to the neighborhood in which it is located, and which cannot be achieved through the use of conventional zoning proposals;
3. (C)
  Residences shall be functionally, physically, and architecturally integrated with service and recreational/activity centers;
4. (D)
  Medical services (if any) shall be conveniently located for the residents; and
5. (E)
  Commercial or service-oriented uses shall be grouped together, and shall be located near the population being served.
(2)
Specific requirements.
1. (A)
  The subject property shall contain at least twenty-five (25) contiguous acres;
2. (B)
  The site shall have frontage on, and direct vehicular access to, an existing street with sufficient capacity to accommodate any traffic generated by the campus;
3. (C)
  All buildings, structures, off-street parking compounds, and loading areas shall be located at least:
  1. (i)
    One hundred (100) feet from any adjoining land in a Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan;
  2. (ii)
    Fifty (50) feet from all other adjoining property lines (except street lines); and
  3. (iii)
    Twenty-five (25) feet from all adjoining street lines;
4. (D)
  All perimeter areas of the site shall be buffered or screened in accordance with the provisions of the Landscape Manual, and the applicant shall demonstrate that the required buffer yards will provide reasonable sight and sound barriers;
5. (E)
  Not less than forty percent (40%) of the site shall be devoted to green area;
6. (F)
  Regulations concerning the height of structure, lot size and coverage, frontage, setbacks, density, and other requirements of the specific zone in which such campus is to be located, shall not apply to uses and structures provided for in this Section. The dimensions and percentages shown on the approved site plan shall constitute the regulations for development under a given Special Exception; and
7. (G)
  Notwithstanding Section 27-118.1, more than one (1) dwelling may be located on a lot containing a one-family dwelling.
8. (H)
  Prior to approval of a Special Exception for a medical/residential campus for property for which a subdivision is not approved for the entire property in accordance with the proposed medical/residential campus site plan, the applicant shall demonstrate to the satisfaction of the Zoning Hearing Examiner or of the District Council that the entire development and use meet the following criteria:
  1. (i)
    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 provided by the applicant, will be adequate to carry the anticipated traffic generated by the development based on the maximum proposed density. The uses proposed will not generate traffic which would lower the level of service anticipated by the land use and circulation systems shown on the approved General or Area Master Plans, or urban renewal plans;
  2. (ii)
    Other existing or planned private and public facilities which are existing, under construction, or for which construction funds are contained in the first six (6) years of the adopted County Capital Improvement Program (such as public safety, recreation areas, water and sewerage systems, libraries, and fire stations, but excluding schools) will be adequate for the uses proposed; and
  3. (iii)
    Notwithstanding subparagraphs (i) and (ii), above, where the application anticipates a construction schedule of more than six (6) years, public facilities (existing or scheduled for construction within the first six (6) years) will be adequate to serve the development proposed to occur within the first six (6) years. The Zoning Hearing Examiner or the Council shall also find that public facilities will probably be adequately supplied for the remainder of the project. In considering the probability of future public facilities construction, the Zoning Hearing Examiner or the Council may consider such things as existing plans for construction, budgetary constraints on providing public facilities, the public interest and public need for the particular development, the relationship of the development to public transportation, or any other matter that indicates that public or private funds will likely be expended for the necessary facilities.
(3)
Uses.
1. (A)
  Only those uses which appear on an approved site plan shall be permitted on the medical/residential campus. The District Council may only approve those uses which provide a harmonious, balanced mix of medical, residential, and limited commercial uses primarily serving campus residents, and public, quasi-public, and medical services for the off-campus retirement-aged community. Other uses may include (but need not be limited to) the following:
  1. (i)
    Dwellings, nursing and care homes, and congregate living facilities for the elderly or physically handicapped;
  2. (ii)
    Medical facilities, including professional offices, laboratories, clinics, professional or paramedical training centers, and ambulatory care facilities. Business signs in conjunction with approved medical facilities shall be permitted in accordance with the provisions of PART 12 applicable to the C-O Zone;
  3. (iii)
    Retail commercial uses which are strictly related and subordinate to the residential/medical character of the campus and which directly serve the residents and employees of, or visitors to, the center, including retail uses similar to those in the C-A (Commercial Ancillary) Zone. The uses should be chosen to reflect their local orientation to the immediate campus vicinity and should be of a size and scope so as not to interfere with existing or proposed retail uses located in the off-campus area. Business signs in conjunction with retail commercial uses shall be permitted in accordance with the provisions of PART 12 of this Subtitle applicable to the C-A Zone; and
  4. (iv)
    Recreational and social uses, such as athletic facilities, community centers, and assembly halls, limited to use only by campus residents, employees, and guests.
(4)
Site plan and other submission requirements.
1. (A)
  In addition to the requirements of Section 27-296(c), the site plan shall set forth:
  1. (i)
    Existing and proposed topography at not more than five (5) foot contour intervals;
  2. (ii)
    Existing and proposed drainage patterns;
  3. (iii)
    Existing vegetation and other natural features; and
  4. (iv)
    Proposed provisions for sediment control and storm water management.
(5)
Addition of land.
1. (A)
  After the approval of a Special Exception, any addition of land to the campus shall be the subject of a new Special Exception application. The site plan accompanying the new application shall include the required information for both the previously approved campus and the proposed additional land. The approval of the new site plan shall nullify the previously approved site plan. The additional land shall be contiguous to an approved medical/residential campus, and may be less than twenty-five (25) acres.
(6)
Amendment of site plan.
1. (A)
  Notwithstanding other provisions of this Subtitle concerning the revision of site plans, requests to amend a site plan for a medical/residential campus shall only be approved by the District Council, and in accordance with this paragraph.
2. (B)
  Requests to amend the approved site plan shall be filed concurrently with the Clerk of the Council and the office of the Planning Board. After receipt of the request by the Clerk, the Office of the Zoning Hearing Examiner shall schedule a public hearing, which shall occur not less than sixty (60), nor more than one hundred twenty (120), days after receipt of the request. The request shall be reviewed by the Technical Staff, taking into consideration the requirements of this Subtitle. The Technical Staff shall submit its recommendations to the Zoning Hearing Examiner within sixty (60) calendar days from the date of filing. The public hearing shall be conducted by the Zoning Hearing Examiner, in accordance with Section 27-129, at which time the applicant, Planning Board, Technical Staff, and members of the public may comment on the proposed amendments. The property shall be posted with a sign in the same manner as required for original applications. After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council. Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
3. (C)
  All amendments shall be in conformance with the purposes, regulations, and standards of this Section.
  1. (i)
    The approved amended site plan shall become the official site plan, as if it had been approved as a part of the original application for a Special Exception.

(CB-1-1989; CB-20-1991; CB-56-1993; CB-62-1997; CB-1-2004; CB-78-2005)

Effective on: 1/1/1901

Sec. 27-374.01. Methadone Treatment Centers.

(a)

A methadone treatment center may be permitted, subject to the following:

(1)
The subject structure shall be located at least one thousand (1,000) feet from any residential zone, land proposed to be used for residential purposes on an approved Basic Plan, approved Official Plan for an R-P-C Zone, approved Conceptual or Detailed Site Plan, or property associated with any of the following: school, library, park, playground, or recreational facility;
(2)
As a part of the Special Exception approval, the Council may impose other reasonable requirements deemed necessary to safeguard the health, safety, morals, and general welfare of the community, taking into account the character of surrounding properties and the general neighborhood, and any other uses on the subject property;
(3)
Vehicular access to the subject property shall be adequate, taking into account the scope of the facility, the type and amount of traffic expected to be generated, and the type, service level, and capacity of the streets along which the subject property has frontage; and
(4)
A statement shall be submitted explaining:
1. (A)
  The policies and goals of the center;
2. (B)
  The characteristics and number of occupants to be served;
3. (C)
  The type of care and activities proposed;
4. (D)
  Operating methods and procedures proposed;
5. (E)
  The type and amount of traffic expected to be generated; and
6. (F)
  Other appropriate aspects of the center's operation.

(CB-103-1993)

Effective on: 1/1/1901

Sec. 27-375. Reserved.

Effective on: 1/1/1901

Sec. 27-376. Miscellaneous industrial, manufacturing, and related uses.

(a)

Miscellaneous industrial, manufacturing, and related uses not specifically listed in the respective Industrial Zones may be permitted, subject to the following:

(1)
An impact statement shall be submitted explaining the scope of the operation; and
(2)
The use shall be appropriate in the applicable zone, and in keeping with the purposes of the zone.

Effective on: 1/1/1901

Sec. 27-377. Mobile home.

(a)

A mobile home may be permitted, subject to the following:

(1)
The mobile home shall be restricted to use as a one-family detached dwelling, and be subject to all requirements of this Subtitle applicable to a one-family detached dwelling in the zone in which the mobile home is located;
(2)
The mobile home (and all of its enclosed extensions) shall be situated on, and securely anchored to, a mobile home stand;
(3)
The mobile home (and all of its extensions) shall be suitably treated so that the undercarriage is hidden from view;
(4)
The wheels of the mobile home shall be removed;
(5)
The proposed use shall not detract from the aesthetics of the surrounding neighborhood; and
(6)
The District Council may impose architectural, structural, or other requirements in order to give the mobile home the appearance of a permanent one-family detached dwelling.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-378. Model studio.

(a)

A model studio may be permitted only in the C-M Zone, and only if the applicant establishes the following, by clear evidence:

(1)
The proposed use will not tend to create a nuisance for other uses on the subject property, or for adjacent properties or neighborhood residents, because of traffic, parking problems, noise, or lights on the subject property, and the hours of operation of the use.

Effective on: 1/1/1901

Sec. 27-379. through Sec. 27-381. Reserved.

Effective on: 1/1/1901

Sec. 27-382. Reserved.

Effective on: 1/1/1901

Sec. 27-383. Newspaper publishing establishment; printing office.

(a)

A newspaper publishing establishment or printing office may be permitted, subject to the following:

(1)
The applicant shall submit written assurance from the Department of Permitting, Inspections, and Enforcement that the building is structurally safe for the use.

(CB-29-2014)

Effective on: 1/1/1901

Sec. 27-384. Nonconforming buildings, structures, and uses; alteration, enlargement, extension, or reconstruction.

(a)

The alteration, enlargement, extension, or reconstruction of any nonconforming building or structure, or certified nonconforming use (except those certified nonconforming uses not involving buildings, those within the Chesapeake Bay Critical Area Overlay Zones as specified in paragraph 7, below, unless otherwise provided, and except for outdoor advertising signs), may be permitted subject to the following:

(1)
A nonconforming building or structure, or a building or structure utilized in connection with a certified nonconforming use, may be enlarged in height or bulk, provided that the requirements of PART 11 are met with respect to the area of the enlargement.
(2)
A certified nonconforming use may be extended throughout a building in which the use lawfully exists, or to the lot lines of the lot on which it is located, provided that:
1. (A)
  The lot is as it existed as a single lot under single ownership at the time the use became nonconforming; and
2. (B)
  The requirements of PART 11 are met with regard to the extended area.
(3)
A certified nonconforming use may be reconstructed, provided that:
1. (A)
  The lot on which it is reconstructed is as it existed as a single lot under single ownership at the time the use became nonconforming;
2. (B)
  Either the nonconforming use is in continuous existence from the time the Special Exception application has been filed through final action on the application, or the building was destroyed by fire or other calamity more than one (1) calendar year prior to the filing date;
3. (C)
  The requirements of PART 11 are met with respect to the entire use; and
4. (D)
  The Special Exception shall terminate unless a building permit for the reconstruction is issued within one (1) calendar year from the date of Special Exception approval, construction in accordance with the building permit begins within six (6) months from the date of permit issuance (or lawful extension), and the construction proceeds to completion in a timely manner.
(4)
When not otherwise allowed, a certified nonconforming use may be otherwise altered by the addition or relocation of improvements, such as fencing, landscaping, off-street parking and loading areas, and outdoor trash enclosures, or the relocation of buildings or other improvements within the boundary lines of the lot as it existed as a single lot under single ownership at the time the use became nonconforming.
(5)
Any new, or any addition to, or alteration or relocation of an existing building or other improvement (which is either nonconforming or utilized in connection with a certified nonconforming use), shall conform to the building line, setback, yard, and height regulations of the zone in which the certified nonconforming use is located. The District Council may further restrict the location and bulk of the building or structure where the evidence so warrants. If the use is presently permitted by Special Exception in the zone, the new building, improvement, or addition shall conform to all of the physical requirements of the specific Special Exception use.
(6)
The District Council may grant this Special Exception for property within a one hundred (100) year floodplain only after it has determined that the proposed enlargement, extension, reconstruction, or alteration will:
1. (A)
  Not require additional filling in the floodplain;
2. (B)
  Not result in an increase in elevation of the one hundred (100) year flood; and
3. (C)
  Conform with all other applicable requirements of this Subtitle and of Division 2 of Subtitle 4, "Building," of this Code, entitled "Construction or Changes in Floodplain Areas."
(7)
In a Chesapeake Bay Critical Area Overlay Zone, a Special Exception shall not be granted where the existing lot coverage in the CBCA exceeds that allowed by Section 27-548.17, and which would result in a net increase in the existing lot coverage in the CBCA. In addition, a Special Exception shall not be granted which would result in converting a property which currently meets the lot coverage in the CBCA requirements of Section 27-548.17 to a nonconforming status regarding lot coverage in the CBCA, except if a finding of extenuating circumstances is made, such as the necessity to comply with other laws and regulations.

(b)

Applications for this Special Exception shall be accompanied by a copy of the Use and Occupancy Permit for the certified nonconforming use, as provided for in Section 27-241(b).

(c)

In a Chesapeake Bay Critical Area Overlay Zone, in order to permit the alteration, enlargement, extension, or reconstruction of any nonconforming building or structure or nonconforming use, the District Council shall find that:

(1)
Special conditions or circumstances exist that are peculiar to the subject land or structure and that a literal enforcement of the Overlay Zone provisions would result in unwarranted hardship;
(2)
A literal interpretation of the County's Critical Area Program regulations would deprive the Applicant of rights commonly enjoyed by other properties in similar areas within the Chesapeake Bay Critical Area Overlay Zones;
(3)
The granting of a Special Exception would not confer upon an Applicant any special privilege that would be denied by this Subtitle to other lands or structures within the Chesapeake Bay Critical Area Overlay Zones;
(4)
The request for a Special Exception is not based upon conditions or circumstances which are the result of actions by the Applicant, nor does the request arise from any condition relating to land or building use, either permitted or nonconforming, on any neighboring property;
(5)
The granting of a Special Exception would not adversely affect water quality or adversely impact fish, wildlife, or plant habitat within the Chesapeake Bay Critical Area, and that the granting of the variance would be in harmony with the general spirit and intent of the applicable laws within the Chesapeake Bay Critical Area; and
(6)
The application for a Special Exception has been made in writing to the District Council or Zoning Hearing Examiner, if applicable, with a copy provided to the Chesapeake Bay Critical Area Commission.

(CB-57-1989; CB-65-1990; CB-24-1991; CB-104-1992; CB-7-1993; CB-76-2010)

Effective on: 1/1/1901

Sec. 27-385. Nursery and garden center.

(a)

A nursery and garden center may be permitted, subject to the following:

(1)
The display and sale of items not grown on the premises shall be incidental to the nursery operation. The display area for these items shall involve not more than twenty-five percent (25%) of the total gross display and sales area on the subject property;
(2)
The display, sale, or repair of motorized nursery or garden equipment shall not be permitted;
(3)
The subject property shall contain at least one (1) acre; and
(4)
All sales and loading areas shall be located at least twenty-five (25) feet from any abutting street right-of-way.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-386. Offices (general business and professional).

(a)

General business and professional offices may be permitted in a multifamily dwelling or apartment hotel, subject to the following:

(1)
The lot on which the multifamily dwelling or apartment hotel is located shall be at least eight (8) contiguous acres;
(2)
Professional offices may include the offices of the following:
1. (A)
  Accountants;
2. (B)
  Architects;
3. (C)
  Clergymen;
4. (D)
  Lawyers;
5. (E)
  Medical practitioners; and
6. (F)
  Those of similar recognized and learned professions;
(3)
General business offices may include any business office in which the majority of personal client contact will occur off the premises. These offices may include the following:
1. (A)
  Real estate sales agents;
2. (B)
  Insurance sales agents; and
3. (C)
  Travel agents;
(4)
All offices shall be located and constructed in a manner which protects tenants of the building from noise and traffic, and maximizes their privacy;
(5)
All offices shall be located in a single building and not above ground level at the front of the building;
(6)
There shall be no separate entrance to the offices directly from outside the building;
(7)
One freestanding sign identifying the offices may be permitted in accordance with Section 27-616;
(8)
Off-street parking and loading areas shall be provided for all offices, in addition to those provided for the residential uses. As a part of the approval of the Special Exception, the Council may allow a reduction in this number of required spaces. The reduction shall be based on either:
1. (A)
  The percentage of office space to be used only to serve residents; or
2. (B)
  The availability of parking for offices, because during the times the offices need the spaces, the residents do not need them; and
(9)
No individual office shall exceed three thousand (3,000) square feet of gross floor area.

(CB-73-1985)

Effective on: 1/1/1901

Sec. 27-387. Office (other than accessory to another use).

(a)

An office not accessory to another use may be permitted in the I-4 Zone, subject to the following:

(1)
An impact statement shall be provided, setting forth:
1. (A)
  The nature of the business to be conducted in the office;
2. (B)
  The maximum number of persons expected to be on the premises at any one time;
3. (C)
  The number of traffic trips expected to be generated during the arrival and departure times of employees, and during the peak hours of business; and
4. (D)
  Evidence in support of the information requested in (B) and (C), above;
(2)
A medical practitioner's office may include a private spa.
(3)
The District Council shall find that:
1. (A)
  The use is in keeping with the purpose of the I-4 Zone; and
2. (B)
  The use will not create, or substantially contribute to, traffic problems in the area, when compared with other uses permitted in the I-4 Zone.

Effective on: 1/1/1901

Sec. 27-388. Outdoor display of merchandise.

(a)

The outdoor display of merchandise for retail sale or rental may be permitted to be located more than six (6) feet from the main building, subject to the following:

(1)
The use shall not obstruct the normal flow of pedestrian and vehicular traffic.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-389. Reserved.

Effective on: 1/1/1901

Sec. 27-390. Paper and paperboard products.

(a)

The manufacturing of paper and paperboard products may be permitted, subject to the following:

(1)
All operations shall be located in a wholly enclosed building;
(2)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation;
2. (B)
  The provisions proposed for the control of noxious odors;
3. (C)
  The pollution control measures to be taken;
4. (D)
  The compatibility of the use with the surrounding area.

Effective on: 1/1/1901

Sec. 27-391. Paper recycling collection center.

(a)

The collection, storage, and shipping of recyclable paper may be permitted, subject to the following:

(1)
The subject property shall have frontage on, and direct vehicular access to, an existing street with sufficient capacity to accommodate the type and amount of traffic expected to be generated by the proposed use;
(2)
All operations shall be confined to the interior of a wholly enclosed building. There shall be no outdoor storage;
(3)
The property shall be kept clean and free from debris;
(4)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation;
2. (B)
  The proposed hours of operation;
3. (C)
  The type and amount of traffic expected to be generated; and
4. (D)
  The compatibility of the use with the surrounding area;
(5)
The proposed use of the subject property shall be appropriate, given the nature of development and uses of adjacent properties and in the general neighborhood.

Effective on: 1/1/1901

Sec. 27-392. Parking lot (required) serving adjacent Commercial or Industrial Zone.

(a)

A parking lot which serves a use in an adjacent commercial or industrial zone may be permitted, subject to the following:

(1)
The land proposed for the lot shall either immediately adjoin, or be directly across the street from, the commercially or industrially zoned land to be served;
(2)
The parking lot shall contain not more than one hundred (100) parking spaces, or twenty percent (20%) of the minimum number of spaces required by PART 11, whichever is less;
(3)
The parking lot shall be necessary in order to comply with the minimum requirements of PART 11; and
(4)
The District Council may require additional landscaping and screening to protect adjacent properties against intrusion.

Effective on: 1/1/1901

Sec. 27-393. Parking lot, commercial.

(a)

A commercial automobile parking lot may be permitted, subject to the following:

(1)
The location of driveways or access points will not endanger pedestrians or create traffic hazards;
(2)
No storage, dismantling, or demolition of vehicles shall take place on the premises; and
(3)
In the C-A Zone, the parking lot shall be located within two (2) miles of a Metro rapid transit station, with shuttle service provided to the station.

Effective on: 1/1/1901

Sec. 27-394. Parking of commercial vehicles.

(a)

A commercial vehicle having a manufacturer's gross vehicle weight specification of greater than 17,000 pounds may be permitted, subject to the following:

(1)
Where possible, the vehicle should be parked at least three hundred (300) feet from any dwelling on any adjoining lot, existing at the time of application;
(2)
The applicant shall demonstrate that the anticipated noise levels will not be detrimental to the use of adjacent properties; and
(3)
The vehicle shall be adequately screened from adjacent residentially zoned properties.

(CB-3-1985; CB-35-1993)

Effective on: 1/1/1901

Sec. 27-394.01. Pawnshop.

(a)

A pawnshop may be permitted by Special Exception, subject to the following:

(1)
The structure in which the use is proposed shall be located at least three hundred (300) feet from any school, library, park, recreational facility, and historic site, resource, or district identified on the current Adopted Historic Site and District Plan, or National Register Site or Historic District.
(2)
As a part of the Special Exception approval, the Council may impose other reasonable requirements deemed necessary to safeguard the health, safety, morals, and general welfare of the community, taking into account the character of surrounding properties and the general neighborhood and any other uses on the subject property.
(3)
No Special Exception shall be permitted for a pawnshop located within 2,000 feet of another pawnshop.
(4)
Parking of motor vehicles pledged as collateral permitted on the subject property shall be in addition to parking required pursuant to PART 11.

(CB-28-1997)

Effective on: 1/1/1901

Sec. 27-395. Planned retirement community.

(a)

A planned retirement community may be permitted, subject to the following criteria:

(1)
Findings for approval.
1. (A)
  The District Council shall find that:
  1. (i)
    The proposed use will serve the needs of the retirement-aged community;
  2. (ii)
    The proposed use will not adversely affect the character of the surrounding residential community; and
  3. (iii)
    In the R-A Zone, there shall be a demonstrated need for the facility and an existing medical facility within the defined market area of the subject property.
(2)
Site plan.
1. (A)
  In addition to the requirements of Section 27-296(c), the site plan shall set forth the proposed traffic circulation patterns.
(3)
Regulations.
1. (A)
  Regulations restricting the height of structures, lot size and coverage, frontage, setbacks, density, dwelling unit types, and other requirements of the specific zone in which the use is proposed shall not apply to uses and structures provided for in this Section. The dimensions and percentages shown on the approved site plan shall constitute the regulations for a given Special Exception.
2. (B)
  The subject property shall contain at least twelve (12) contiguous acres.
3. (C)
  The average number of dwelling units per acre shall not exceed eight (8) for the gross tract area.
4. (D)
  In the R-A Zone, buildings shall not exceed three (3) stories.
5. (E)
  In the I-3 Zone, the following shall apply:
  1. (i)
    The gross tract area shall be a minimum of ninety (90) acres with at least twenty-five percent (25%) of its boundary adjoining residentially-zoned land or land used for residential purposes;
  2. (ii)
    The property shall have at least one hundred fifty (150) feet of frontage on, and direct vehicular access to, a public street;
  3. (iii)
    All buildings shall be set back a minimum of seventy-five (75) feet from all nonresidentially-zoned boundary lines or satisfy the requirements of the Landscape Manual, whichever is greater; and
  4. (iv)
    The property shall be located within two (2) miles of mass transit, regional shopping, and a hospital.
6. (F)
  In the I-3 and C-O Zones, townhouses shall comply with the design guidelines set forth in Section 27-274(a)(11) and the regulations for development set forth in Section 27-433(d).
(4)
Uses.
1. (A)
  The planned retirement community shall include a community center or meeting area, and other recreational facilities which the District Council finds are appropriate. These recreational facilities shall only serve the retirement community. The scope of the facilities shall reflect this fact. The Council may only permit a larger facility which serves more than the retirement community if the facility is harmoniously integrated with the retirement community and the surrounding neighborhood. All recreational facilities shall be constructed prior to, or concurrent with, the construction of the residential units, or in accordance with a schedule approved by the District Council;
2. (B)
  Retail commercial uses, medical uses, health care facilities, and other uses which are related to the needs of the community may be permitted.
(5)
Residents' age.
1. (A)
  Age restrictions in conformance with the Federal Fair Housing Act shall be set forth in covenants submitted with the application and shall be approved by the District Council, and filed in the land records at the time the final subdivision plat is recorded.
(6)
Recreational facilities.
1. (A)
  Covenants guaranteeing the perpetual maintenance of recreational facilities, and the community's right to use the facilities, shall be submitted with the application. The covenants shall be approved by the District Council, and shall be filed in the land records at the time the subdivision plat is recorded. If the recreational facilities are to be part of a condominium development, a proposed condominium declaration showing the recreational facilities as general common elements shall be approved by the District Council, and shall be recorded (pursuant to Title II of the Real Property Article of the Annotated Code of Maryland) at the time the subplat is recorded.

(CB-144-1987; CB-1-1989; CB-77-1991; CB-89-1999; CB-22-2002; CB-78-2005)

Effective on: 1/1/1901

Sec. 27-396. Private school.

(a)

A private school which offers instruction at levels above the sixth grade may be permitted, subject to the following:

(1)
There is a demonstrated need for the proposed use in the area;
(2)
The proposed site is of sufficient size to properly accommodate a school of the type proposed without adversely affecting abutting land uses;
(3)
No private school shall be located in a multifamily dwelling or in any building of a multifamily project;
(4)
The Council may specify the maximum number of students to be enrolled, which may not be increased by State or local health, education, or fire regulations; and
(5)
If the school offers general academic instruction below college level, an outdoor play area (or other outdoor activity area) shall be provided, which shall have a usable space of at least one hundred (100) square feet per student. This area shall be located at least twenty-five (25) feet from any dwelling on an adjoining lot, and shall be enclosed by a substantial wall or fence at least five (5) feet high.

(b)

A private school which offers a partial or complete program of elementary school (including kindergarten) or nursery school may be permitted, subject to the following:

(1)
The Council may specify the maximum number of children to be enrolled, which may not be increased by State or local health, education, or fire regulations;
(2)
An outdoor play area shall be provided, which shall have a usable space of at least one hundred (100) square feet per child. This area shall be located at least twenty-five (25) feet from any dwelling on an adjoining lot, and shall be enclosed by a substantial wall or fence at least three (3) feet high;
(3)
No private school, other than a nursery school, shall be located in any multifamily dwelling or in any building of a multifamily project;
(4)
In the C-W, C-M, I-1, I-2, and I-4 Zones, a day care center for children shall be allowed only if the Council finds that existing development and uses in the neighborhood (particularly on adjacent properties) will not adversely affect the proposed use.

(c)

In addition to the requirements of Section 27-296(c), the site plan shall show:

(1)
The character of the proposed use;
(2)
The proposed enrollment;
(3)
The location of all dwellings located on adjoining lots; and
(4)
The location and size of outdoor play (or activity) areas.

(d)

Any private school which has, on or before the effective date of this Ordinance, fully complied with the provisions of this Subtitle in effect at that time shall not be required to meet the requirements of this Section, provided that the school has not been expanded, or the use changed, since that time. Any expansion or change shall be governed by the provisions of this Section, or of Sections 27-443, 27-463, or 27-541.

(e)

For the purposes of this Section, enrollment shall mean the total number of students enrolled in the school at any one time. If there are separate morning, afternoon, and evening sessions, each one of which is attended by different students, enrollment shall mean the number of students enrolled in the session having the largest number of students.

(f)

Medical uses, including, but not limited to medical practitioners' offices, education programs, medical clinics and laboratories may be permitted on a property with an approved special exception for a private school, provided that a separate Health Campus operating pursuant to an approved Special Exception is located within 500 feet of the property which is approved as a private school, and is in accordance with the following:

(1)
An additional medical use may locate on the campus of an existing private school, as a permitted use, and shall not require an amendment to the approved Special Exception for the private school use, provided that the additional medical use is located within a building on the private school campus that was constructed prior to January 1, 2016.
(2)
If additional parking is required to accommodate the additional medical use, the parking may be approved in accordance with the provisions of Section 27-325 of this Subtitle.
(3)
An amendment to an approved Special Exception for a private school is required for an additional medical use on the campus of an existing private school that is located within a building constructed after January 1, 2016, or located within an addition to an existing building on the private school campus, in accordance with Section 27-324 of this Subtitle.

(CB-133-1984; CB-28-1985; CB-33-1985; CB-23-1988; CB-1-1989; CB-98-2015)

Effective on: 1/1/1901

Sec. 27-397. Public utility use or structure.

(a)

A public utility use or structure may be permitted, subject to the following:

(1)
The use, at the location selected, is necessary for public convenience and service, and cannot be supplied with equal public convenience if located elsewhere;
(2)
Public utility buildings and structures in any Residential Zone, or on land proposed to be used for residential purposes, in a Planned Community Zone shall (whenever feasible) have the exterior appearance of residential buildings;
(3)
Overhead lines, poles, radio or television transmitter towers, and other towers shall not be located in airport approach areas; and
(4)
In Residential Zones, or on land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan, telephone, radio, or television transmission towers shall be set back (from the boundary line of the Special Exception) a distance equal to its height (measured from its base) plus fifty (50) feet.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-398. Racetracks, pari-mutuel.

(a)

A pari-mutuel racetrack (for horse racing) may be permitted, subject to the following:

(1)
The subject property shall contain at least one hundred (100) contiguous acres;
(2)
A racetrack may be used for any of the following:
1. (A)
  Temporary living accommodations, such as trailer pads, mobile homes, and utility hookups, which are used during the permitted racing season by employees, horsemen, owners, or other persons employed in connection with the racetrack, and their families, for not more than two hundred eighteen (218) cumulative days per calendar year;
2. (B)
  One (1) circus and one (1) fair per calendar year (in addition to benefit functions and performances permitted below), not to exceed a twenty (20) calendar-day period for each;
3. (C)
  Trade shows, such as automobile, boat, agricultural, and science shows; exhibitions such as art, handicraft, or antique shows; auctions, flea markets, fashion shows, beauty pageants;
4. (D)
  Dog, cat, horse shows, and rodeos;
5. (E)
  Government-sponsored events and educational conferences;
6. (F)
  Benefit functions (including but not limited to carnivals and bazaars) sponsored and managed by charitable, patriotic, fraternal, educational, religious, political, or civic organizations that are local to or serve Prince George's County;
7. (G)
  Dinner theaters;
8. (H)
  Tennis, handball, and other racquet facilities; horse boarding and horse riding instruction, track meets, and jousting tournaments; and
9. (I)
  Accessory buildings and uses.
(3)
The Zoning Enforcement Officer shall investigate all complaints about uses and shall forward a report on them (with or without recommendation) to the District Council. The District Council may, after giving notice to the property owner and following a public hearing held by the Zoning Hearing Examiner in accordance with Section 27-129, revoke, suspend, modify, or impose conditions upon any of the uses granted, upon a finding that the use adversely affects the health or safety of the residents or workers in the area or is detrimental to the use or development of adjacent properties or the general neighborhood. The following procedures shall apply:
1. (A)
  After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council.
2. (B)
  Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council.
3. (C)
  Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.

(CB-94-1984; CB-33-1985; CB-56-1993; CB-1-2004)

Effective on: 1/1/1901

Sec. 27-399. Real estate sales office.

(a)

The offices of not more than two (2) real estate brokers, agents, or salesmen may be permitted, subject to the following:

(1)
At least one (1) of the brokers, agents, or salesmen shall be a bona fide resident of the dwelling;
(2)
Suitable office space is not available within the general vicinity;
(3)
At least fifty percent (50%) of the gross floor area of the dwelling shall be devoted to residential use;
(4)
The use shall not alter the residential character or appearance of the premises; and
(5)
Not more than one (1) nonresident clerical assistant may be employed on the premises.

(b)

A use and occupancy permit shall be required for this use.

Effective on: 1/1/1901

Sec. 27-400. Recreational campground.

(a)

A recreational campground may be permitted, subject to the following:

(1)
The campground shall be reasonably accessible to an improved public street, and access shall not be by means of streets internal to residential subdivisions for one-family dwellings. Access to campsites shall be provided by well-maintained driveways within the campground. No vehicular access shall be located within three hundred (300) feet of any school, fire station, or hospital;
(2)
The subject property shall contain at least five (5) acres;
(3)
Active recreational areas, consisting of facilities such as swimming pools, children's playgrounds, fishing and boating ponds, shuffleboard courts, tennis courts, bike trails, and golfing facilities shall take up at least ten percent (10%) of the gross campground area, and shall be located at least fifty (50) feet from all boundary lines of the Special Exception.
(4)
Camping trailers shall be parked only on designated campsites, which shall be at least thirty (30) feet wide and contain at least one thousand six hundred (1,600) square feet each. No campsite shall be located less than one hundred (100) feet from any street line or fifty (50) feet from any other boundary line of the Special Exception or any structure (other than a utility structure or campsite shelter) in the campground;
(5)
Retail, service, and commercial recreational activities (including a public spa), which only serve the customary needs of campers, are permitted, provided that:
1. (A)
  The uses are secondary to the campground;
2. (B)
  The uses are internally oriented;
3. (C)
  The uses do not have direct access to a public street; and
4. (D)
  The uses do not display separate signs (from any signs for the campground) which are visible from a street;
(6)
No camping trailer shall be located in a recreational campground for an indefinite period of time. No camping trailer temporarily parked in a campground may be occupied for more than three (3) months in any twelve (12) month period. The wheels of a camping trailer may only be removed for temporary purposes of repair or to attach the trailer to the ground for stabilization;
(7)
Campsites shall not be located on slopes which exceed fifteen percent (15%). Existing vegetation shall be cleared only when necessary for campground facilities and only in accordance with the approved site plan; and
(8)
In addition to the requirements of Section 27-296(c), the site plan shall show:
1. (A)
  The physical characteristics of the site (including existing and planned topography and major stands of trees);
2. (B)
  The proposed type and location of campsites (including designated walk-in sites);
3. (C)
  Proposed pedestrian pathways and bikeways; and
4. (D)
  A description of the utilities to be provided.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-401. Recycling plant.

(a)

A recycling plant for textiles, rubber products, nonferrous metals, or miscellaneous materials may be permitted, subject to the following;

(1)
All operations shall be confined to the interior of a wholly enclosed building;
(2)
There shall be no outside storage of materials used in the operation;
(3)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation;
2. (B)
  The provisions proposed for control of any noxious odors;
3. (C)
  The pollution control measures to be taken; and
4. (D)
  The compatibility of the use with the surrounding area.

Effective on: 1/1/1901

Sec. 27-402. Retail sales and consumer service establishments.

(a)

Retail sales and consumer service establishments may be permitted in a multifamily dwelling or apartment hotel, subject to the following:

(1)
The lot upon which the multifamily dwelling or apartment hotel is located shall contain at least eight (8) contiguous acres;
(2)
The establishments shall be limited to a drug store, amusement arcade (five hundred (500) square foot maximum), sauna, solarium, reducing/ exercise salon, health club, newsstand, barber shop, beauty shop, valet shop, delicatessen, and eating and drinking establishment;
(3)
The establishments shall primarily serve the residents of the multifamily dwelling or project;
(4)
All of the establishments shall be located in a single building;
(5)
The establishments shall not be located above the ground level floor at the front of the building, except eating and drinking establishments, saunas, solariums, and health clubs, which may be located on the top floor of the same building in which the other establishments (if any) are located;
(6)
There shall be no separate entrance directly from the outside of the building to any of the establishments;
(7)
No sign indicating the existence of the establishments shall be visible from outside the building;
(8)
The establishments shall be located and constructed in a manner which protects the tenants of the building from noise and traffic, and maximizes their privacy;
(9)
Deliveries from the establishments shall be made only to residents or occupants of the building or development;
(10)
No group of retail sales establishments shall be considered an "integrated shopping center"; and
(11)
Off-street parking and loading areas shall be provided for all such establishments, in addition to those provided for the residential uses. As a part of the approval of the Special Exception, the Council may allow a reduction in this number of required spaces when the establishments will be used only by residents.

(CB-73-1985)

Effective on: 1/1/1901

Sec. 27-403. Riding stable.

(a)

A riding stable may be permitted as a temporary Special Exception, if adjacent areas are predominantly undeveloped.

(b)

The District Council shall determine the period of time for which the Special Exception is valid.

(c)

A riding stable may be permitted in the V-L and V-M Zones, provided the District Council finds that the proposed use:

(1)
Preserves the agricultural land, open space, scenic vistas, and environmental features of the area;
(2)
Complements the natural characteristic of the area; and
(3)
Provides enjoyment or recreational activities, including passive recreational activities, for the residents of the Zone.

(CB-117-1991; CB-10-1992)

Effective on: 1/1/1901

Sec. 27-404. Rifle, pistol, or skeet shooting range.

(a)

In the O-S, R-A, and R-R Zones, a pistol or outdoor rifle or skeet shooting range may be permitted, if adjacent areas are predominantly undeveloped.

(b)

In the C-S-C Zone, an indoor pistol or rifle range may be permitted, subject to the following:

(1)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the proposed operation;
2. (B)
  Provisions to be taken for soundproofing and safety; and
3. (C)
  The compatibility of the use with the surrounding uses and the general neighborhood;
(2)
The use shall be incidental to a sporting goods shop;
(3)
The use shall be wholly enclosed;
(4)
The proposed safety measures are adequate, taking into account the location of the proposed use, the scope of the operation, and the nature and proximity of surrounding uses.

Effective on: 1/1/1901

Sec. 27-404.01 Reserved.

Editor's note(s)—CR-81-2012 repealed the enactment of CB-18-2007 regarding "Rural Entertainment Park", (Chapter 10, 2007 Laws of Prince George's County, Maryland), effective October 16, 2012.

CB-107-2012 repealed the enactment of CB-18-2007 regarding "Rural Entertainment Park" (Chapter 10, 2007 Laws of Prince George's County, Maryland), effective November 20, 2012.

Effective on: 1/1/1901

Sec. 27-405. Sand and gravel wet-processing.

(a)

Wet-processing of sand and gravel (including only washing, screening, classifying, crushing, and stockpiling of natural materials), may be permitted, subject to the criteria below:

(1)
The subject property shall contain at least fifty (50) contiguous acres. This minimum acreage requirement may be waived by the District Council, provided the property has direct vehicular access to an existing four (4) lane highway.
(2)
Initially, the Special Exception shall be valid for twenty (20) years, unless the District Council grants some lesser time period. Extensions of specific periods may be granted if a new Special Exception application is filed and no substantial adverse impact is found in the continuation of the use. When the subject property is in a Residential Zone, extensions of time may be granted only where the area surrounding the property is not substantially developed with incompatible uses;
(3)
Fixed installations that involve washing, screening, classifying, and crushing facilities, and parking and storage areas for trucks and heavy equipment, shall be located at least four hundred (400) feet from all boundary lines of the subject property; fixed installations that involve automobile parking, and settling ponds shall be located at least two hundred (200) feet from all boundary lines of the subject property; and nonstructural installations that involve stockpiles of natural material shall be located at least three hundred (300) feet from all boundary lines of the subject property. The District Council may waive the three hundred (300) foot setback for stockpiles of natural material when it determines that adequate screening and buffering are being provided.
(4)
The site plan and information accompanying the application for Special Exception shall be reproducible, or twelve (12) copies shall be submitted. In addition to the requirements of Section 27-296(c), the site plan shall show:
1. (A)
  The location of all washing, screening, classifying, and crushing facilities;
2. (B)
  The location of all natural material stockpiles;
3. (C)
  The internal traffic circulation system;
4. (D)
  The parking and storage areas for all vehicles and equipment;
5. (E)
  The settling ponds and water bodies;
6. (F)
  The source of water to be used in the operation; and
7. (G)
  The identification of the trucks and heavy equipment to be used in the plant operation.
(5)
All applications for Special Exception shall be accompanied by the following:
1. (A)
  A stormwater concept plan approved pursuant to Section 4-322 of this Code;
2. (B)
  A preliminary noise assessment;
3. (C)
  A horizontal profile illustrating all structures and stockpiles; and
4. (D)
  A grading plan that illustrates existing and proposed topography.
(6)
At least thirty (30) calendar days prior to the hearing before the Zoning Hearing Examiner, the applicant shall file a traffic analysis with the Zoning Hearing Examiner for inclusion with the original application, and send a copy to the Planning Board. The traffic analysis shall include the volume of traffic expected to be generated by the operation, and shall identify the streets to be used between the site and the nearest other street (to be used) that has a minimum paved width of twenty-four (24) feet for the predominant length of the street.
(7)
Driveways for ingress and egress shall be identified on the site plan, and shall be located so as to not endanger pedestrians or create traffic hazards. The applicant shall identify the dust-control measures to be used on the driveways and the interior traffic circulation system. Any ingress or egress driveway shall have a minimum width of twenty-two (22) feet, and shall be paved for a distance of at least two hundred (200) feet from the boundary line of the Special Exception.
(8)
The Technical Staff Report prepared in response to the application shall include a current, Countywide inventory of the locations, dates of approval, and conditions of approval concerning haul routes and estimated loads per day, for all approved and pending Special Exceptions for sand and gravel wet-processing, sanitary landfills and rubble fills, and surface mining, as indicated by the record in the case. The inventory shall also include the locations of all nonconforming sand and gravel wet-processing, sanitary landfills and rubble fills, and surface mining operations throughout the County that were certified after September 6, 1974.

(b)

In reviewing the application, the District Council shall consider the use of techniques which provide for noise attenuation.

(c)

All information required as part of the Special Exception application shall be referred to the Prince George's County Department of Public Works and Transportation, Prince George's County Soil Conservation District, Washington Suburban Sanitary Commission, Prince George's County Department of Permitting, Inspections, and Enforcement, Maryland State Highway Administration, and Maryland State Water Resources Administration for comment. These agencies shall be given forty-five (45) days to reply. A copy of the same information shall also be submitted to the Sand and Gravel Advisory Committee.

(d)

Wash plants, including ponds, spoil sites, and equipment, are prohibited within the Buffer, as defined in the Conservation Manual, in any of the Chesapeake Bay Critical Area Overlay Zones.

(e)

In reviewing the application for compliance with the required findings set forth in Sections 27-317(a)(4) and 27-317(a)(5), the District Council shall consider the inventory required in Section 27-405(a)(8).

(CB-16-1984; CB-45-1986; CB-72-1987; CB-1-1989; CB-3-1990; CB-29-2014)

Effective on: 1/1/1901

Sec. 27-405.01. Class 3 fills.

(a)

A Class 3 fill may be permitted as a temporary Special Exception, subject to the following:

(1)
Within one hundred and twenty (120) days after an application for a Class 3 fill is accepted by the Planning Board, the Zoning Hearing Examiner shall conduct a public hearing. The Zoning Hearing Examiner's written decision on an application shall be issued within thirty (30) days after the public hearing. Where the District Council makes the final decision, the Council's final order shall be issued within sixty (60) days of the Examiner's decision.
(2)
Initially, a Special Exception for a new Class 3 fill shall be valid for five (5) years, unless the District Council grants some lesser time period. Extensions of specific periods may be granted not to exceed five (5) years. At least one calendar year prior to the expiration of a Special Exception for a Class 3 fill, a request for an extension shall be filed with the Zoning Hearing Examiner. The applicant shall also send a copy of the request, in accordance with the informational mailing requirements of Section 27-125.01, to all adjoining property owners and civic associations. The Examiner shall conduct a public hearing in accordance with all requirements and procedures for the initial application. The filing fee for the extension shall be one-half the amount of the fee for a new application.
(3)
If a proposed Class 3 fill includes a rock crusher or other processing equipment, its location shall be shown on the site plan.
(4)
A traffic report, prepared in accordance with the Planning Board's "Guidelines for the Analysis of the Traffic Impact of Development Proposals," shall be submitted with the application and shall include an analysis of haul routes for the truck traffic generated by the use.
(5)
The subject property shall not be located within a three (3) mile radius of properties containing an active or pre-existing approved or non-conforming Class 3 fill, sanitary landfill, transfer station, rubble fill, recycling facility, mining facility, sludge facility, processing facility, sand and gravel operation, or wash plant.
(6)
Fill operations shall not be located within five hundred (500) feet of an existing residence, school, day care center, church, hospital, nursing home/assisted living facility or community center.
(7)
A Class 3 fill shall meet the buffering and screening requirements of the Landscape Manual, shall have a one hundred (100) foot non-disturbance buffer from all property lines, and shall include landscaping or berms sufficient to screen fill operations from adjoining residentially-zoned property, property containing a use listed in Subsection (a)(6), and public streets or highways. All berms and landscaping shall be installed in the initial phase of development, before fill is placed on site.
(8)
The height limitations for the fill operation shall be determined during Special Exception review. No slope grade may exceed 3:1.
(9)
The fill operation shall have a staging area with equipment for cleaning truck wheels and a minimum twenty-two (22) foot paved access road designed to accommodate no more than twenty-five (25) trucks.
(10)
The site entrance shall have a gate which is locked when the fill is not in operation. Hours and days of operation shall be limited as part of the Special Exception review.
(11)
Site or operational personnel shall be on site during hours of operation.
(12)
The site shall have proper signage showing the name of the operator, the permit number, hours of operation, telephone number of the operator, as well as provide directional signs for internal truck traffic and haul routes. The site plan shall also provide for final reclamation and stabilization of the site at the cessation of the fill operation.
(13)
The Department of Permitting, Inspections, and Enforcement shall conduct semi-annual site inspections for Class 3 fill sites and prepare a written report on the evaluation of the operations on the site, which shall include all indications of noncompliance with all County and State regulations. A copy of the report shall be provided to the County Council and shall also be available for review by the public.
(14)
A haul road permit shall be obtained from the County Department of Permitting, Inspections, and Enforcement prior to issuance of any grading or building permits related to proposed Class 3 fill sites.
(15)
A street construction permit shall be obtained from the County Department of Permitting, Inspections, and Enforcement prior to issuance of any grading or building permits related to proposed Class 3 fill sites.

(CB-87-2003; CB-29-2014; CB-20-2018)

Effective on: 1/1/1901

Sec. 27-406. Sanitary landfill; rubble fill.

(a)

A sanitary landfill or rubble fill may be permitted as a temporary Special Exception.

(b)

The District Council shall determine the period of time for which the Special Exception is valid.

(c)

In the R-E Zone, the landfill is only allowed if the neighborhood is substantially undeveloped and the landfill is an extension of an existing sanitary landfill on abutting land for which the approved Special Exception has not expired. This is not an amendment to an approved Special Exception under Subdivision 10 of DIVISION 1, above.

(d)

An application for a sanitary landfill or rubble fill that includes a "rock crusher" on the site must show the location of the proposed rock crusher on the site plan.

(e)

The applicant shall provide a traffic study that is prepared in accordance with Planning Board Guidelines for Analysis of Traffic Impact of Development Proposals.

(f)

The applicant shall provide a visual analysis of any proposed mounds and should include cross sections and results from balloon tests.

(g)

The applicant shall address how odors emanating from fill materials will be mitigated.

(h)

The Technical Staff Report prepared in response to the application shall include a current, Countywide inventory of the locations, dates of approval, and conditions of approval concerning haul routes and estimated loads per day for all approved and pending Special Exceptions for sand and gravel wet-processing, sanitary landfills and rubble fills, and surface mining, as indicated by the record in the case. The inventory shall also include the locations of all nonconforming sand and gravel wet-processing, sanitary landfills and rubble fills, and surface mining operations throughout the County that were certified after September 6, 1974.

(i)

(j)

The Technical Staff Report prepared in response to an application for a rubble fill shall include an analysis of need based on the most current available projections of residential and employment growth in Prince George's County over a fifteen-year period. The District Council shall consider this analysis when determining compliance with the finding required in Subsection (h), below, and when determining the period of time for which the Special Exception is valid.

(k)

When approving a Special Exception for a rubble fill, the District Council shall find that the proposed use is necessary to serve the projected growth in Prince George's County, by applicant proof that without the proposed use the County's projected growth will be adversely affected. Proof of a future deficit in or absence of County-wide fill capacity does not by itself constitute proof that a proposed fill is necessary to serve the projected growth in the County.

(CB-15-1990; CB-3-1990; CB-85-1992; CB-8-2003; CB-28-2005)

Effective on: 1/1/1901

Sec. 27-406.01. Satellite dish antenna.

(a)

A satellite dish antenna over ten (10) feet in diameter may be permitted to serve only one (1) dwelling unit where the applicant can show that usable satellite signals cannot be obtained with a smaller size antenna.

(b)

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.

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

Effective on: 1/1/1901

Sec. 27-407. Sawmill.

(a)

A sawmill for the cutting of timber grown on the premises may be permitted as a temporary Special Exception, subject to the following:

(1)
The District Council shall determine the period of time for which the Special Exception is valid;
(2)
No machinery shall be located less than fifty (50) feet from any boundary line of the Special Exception;
(3)
All machinery shall be secured against unauthorized use; and
(4)
After the removal and cutting of timber, all debris and sawdust piles shall be removed, and the premises shall be left in a sightly condition.

Effective on: 1/1/1901

Sec. 27-407.01. Seafood market.

(a)

A seafood market may be permitted, subject to the following:

(1)
The applicant shall show a need for the use in the neighborhood;
(2)
The size and location of, and access to, the establishment shall be oriented toward meeting the needs of the neighborhood;
(3)
The proposed use shall not unduly restrict the availability of land, or upset the balance of land use, in the area for other allowed uses;
(4)
In the I-1 and I-2 Zones, the proposed use shall be located in an area which is developed, or proposed for development, with a concentration of industrial or office uses;
(5)
The retail sale of alcoholic beverages from a seafood market approved in accordance with this Section is prohibited.

(CB-49-1987)

Effective on: 1/1/1901

Sec. 27-407.02. Skating facility.

(a)

A skating facility may be permitted, subject to the following:

(1)
The use is proposed on a site comprising at least five (5) gross acres.
(2)
The main building on the site shall be set back at least one hundred (100) feet from all property lines.
(3)
All required parking shall be provided on-site, unless off-site parking on an abutting lot is provided.
(4)
Any ancillary restaurant shall be entirely integrated within the skating facility, and shall not have access from the exterior of the skating facility.
(5)
The skating facility shall be wholly enclosed. Special noise attenuation measures shall be considered on all walls facing land in a residential zone or land used for residential purposes.

(b)

Special consideration shall be given to outdoor display, outdoor activity, advertisement, lighting, hours of operation, and other aspects of the proposed operation to assure that the health, safety, and general welfare of the community will be protected.

(CB-89-1994)

Effective on: 1/1/1901

Sec. 27-408. Smoking and curing of food products; pickling processes.

(a)

The smoking and curing of food products and pickling processes may be permitted, subject to the following:

(1)
All operations shall be confined to the interior of a wholly enclosed building; and
(2)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation;
2. (B)
  The provisions to be made for control of noxious odors;
3. (C)
  The pollution control measures to be taken; and
4. (D)
  The compatibility of the use with the surrounding area.

Effective on: 1/1/1901

Sec. 27-409. Soap, cleaner, polish, sanitation products, bleach, or detergent manufacturing.

(a)

The manufacturing of soaps, cleaners, polishes, sanitation products, bleaches, or detergents may be permitted, subject to the following:

(1)
All operations shall be confined to the interior of a wholly enclosed building;
(2)
There shall be no outside storage of raw materials or finished products;
(3)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation;
2. (B)
  The provisions to be made for control of noxious odors;
3. (C)
  The pollution control measures to be taken; and
4. (D)
  The compatibility of the use with the surrounding area.

Effective on: 1/1/1901

Sec. 27-409.01. Spa, community.

A community spa may be permitted, subject to the requirements of Section 27-411 applicable to community swimming pools.

Effective on: 1/1/1901

Sec. 27-409.02. Spa, public.

(a)

A public spa may be permitted, subject to the following:

(1)
No person under the age of sixteen (16) years shall be admitted into the establishment, unless accompanied by a parent or guardian;
(2)
At least one (1) person with a current Advanced First Aid Certificate issued by the American Red Cross, or its equivalent, shall be on the premises at all times during operation; and
(3)
The proposed use shall not constitute a nuisance because of noise, physical activity, or other cause.

Effective on: 1/1/1901

Sec. 27-409.03. Stationery or office supply corporate headquarters (including office, showroom, and distribution).

(a)

A stationery or office supply corporate headquarters including an office, showroom, and distribution (with no retail sales), may be permitted in the C-O Zone subject to the following:

(1)
The use shall be located in an office building complex on at least twenty (20) contiguous acres of C-O zoned property;
(2)
The maximum total floor area devoted to a warehouse-showroom shall not exceed 100,000 square feet;
(3)
The maximum floor area ratio of the warehouse-showroom per lot (including floodplain) shall not exceed .36;
(4)
Of the total floor area of combined office and warehouse-showroom use in any one building the maximum floor area allocated to the warehouse-showroom component shall not exceed eighty percent (80%); and
(5)
Any building containing the warehouse-showroom shall be located at least two hundred seventy-five (275) feet from any land in any Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan.

(CB-116-1986)

Effective on: 1/1/1901

Sec. 27-410. Surface mining.

(a)

The surface mining of natural materials or deposits (including sand, gravel, or clay pits; rock or stone quarries; and the removal of earth or topsoil) may be permitted, subject to the following:

(1)
Heavy machinery may be used for the extraction of natural material or deposits from the site. Except in the I-2 Zone, heavy machinery may not be used for washing, refining, or other processing, unless a Special Exception is granted for sand and gravel wet-processing under the provisions of Section 27-405;
(2)
The use shall not be noxious, offensive, or otherwise objectionable by reason of dust, smoke, or vibration;
(3)
The land areas exposed by the extraction and removal of natural materials or deposits shall be left suitable for development. A grading plan shall be submitted (along with the site plan) showing the existing and proposed ground elevations of the site, adjacent land, and all abutting streets. The exposed land area shall have a slope not greater than three-to-one (3:1), except where any portion of the site is developed for port or harbor facilities;
(4)
The Special Exception shall be valid for not longer than five (5) years, except where the use is located:
1. (A)
  In an R-R Zone which is predominantly undeveloped for a radius of one (1) mile from the operation; or
2. (B)
  In an I-2 Zone;
(5)
In addition to the requirements of Section 27-296(c), the site plan shall show an estimate of the time required for the removal of the material;
(6)
At least sixty (60) calendar days prior to the hearing before the Zoning Hearing Examiner, the applicant shall file a traffic analysis with the Zoning Hearing Examiner for inclusion in the record, and shall send a copy to the Planning Board. The traffic analysis shall include the volume of traffic expected to be generated by the operation, and shall identify the streets to be used between the site and the nearest street (to be used) that has a minimum paved width of twenty-four (24) feet for the predominant length of the street;
(7)
Driveways or access points shall be identified on the site plan, and shall be located so as not to endanger pedestrians or create traffic hazards. The surface material to be used on the driveways shall be identified on the site plan. Any access driveway shall be at least twenty-two (22) feet wide, and shall be paved for a distance of at least two hundred (200) feet from the boundary line of the Special Exception.
(8)
The Technical Staff Report prepared in response to the application shall include a current, Countywide inventory of the locations, dates of approval, and conditions of approval concerning haul routes and estimated loads per day for all approved and pending Special Exceptions for sand and gravel wet-processing, sanitary landfills and rubble fills, and surface mining, as indicated by the record in the case. The inventory shall also include the locations of all nonconforming sand and gravel wet-processing, sanitary landfills and rubble fills, and surface mining operations throughout the County that were certified after September 6, 1974.

(b)

In the I-3 Zone, the use shall be staged in conformance with the required Conceptual Site Plan. The District Council may require (as a condition of approval) that this use be terminated prior to a Detailed Site Plan being approved for another use included on the Conceptual Site Plan.

(c)

In the M-A-C, L-A-C, E-I-A, R-U, R-M, and R-S Zones, no surface mining operation may be permitted after a Specific Design Plan for the subject property has been approved. An application for this Special Exception may only be accepted, and the Special Exception granted, if no Specific Design Plan has yet been filed for the subject property.

(d)

In reviewing the application, the District Council shall consider the use of techniques which provide for noise attenuation.

(e)

On land which is located within a Chesapeake Bay Critical Area Overlay Zone, development is subject to Subtitle 5B.

(f)

(CB-16-1984; CB-72-1987; CB-1-1989; CB-3-1990; CB-93-1992; CB-76-2010)

Effective on: 1/1/1901

Sec. 27-411. Swimming pools; community.

(a)

A community swimming pool may be permitted, subject to the following:

(1)
The swimming pool (including the apron, filtering and pumping equipment, and buildings) shall be located at least:
1. (A)
  Seventy-five (75) feet from land in a Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan;
2. (B)
  Twenty-five (25) feet from land in a Commercial or Industrial Zone, or land proposed to be used for commercial or industrial purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan; and
3. (C)
  One hundred twenty-five (125) feet from an existing dwelling on an adjacent lot.
(2)
The use of any public address or other loudspeaker system shall be restricted to that necessary for safety purposes, and shall not be used for the playing of music of other entertainment.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-412. Taxicab dispatching station.

(a)

A taxicab dispatching station may be permitted, subject to the following:

(1)
No dismantling or demolition of vehicles shall take place on the premises.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-413. Temporary structures and uses; wayside stands.

(a)

Temporary real estate subdivision sales offices, wayside stands, or contractors' offices, construction yards, sheds, or storage buildings may be permitted (when not otherwise allowed), subject to the following:

(1)
Adequate access, setbacks, parking facilities, and screening shall be provided; and
(2)
The Special Exception shall be valid for not longer than five (5) years. The District Council, upon application and without a public hearing, may grant extensions of time, not to exceed three (3) years for each extension.

(b)

Wayside stands, and the display of goods, shall be located not less than twenty-five (25) feet from a street line.

(c)

A temporary contractor's office, construction yard, construction shed, or storage building may be permitted in connection with a construction project, provided that no item stored or assembled on the property is sold on the property.

Effective on: 1/1/1901

Sec. 27-414. Theater, outdoor (drive-in).

(a)

An outdoor (including a drive-in) theater may be permitted, subject to the following:

(1)
The subject property shall contain at least five (5) contiguous acres;
(2)
The motion picture screen shall be oriented away from both developed residential areas and abutting streets;
(3)
The use shall be enclosed by a solid, sightly, light-tight wall or fence at least eight (8) feet high, of a type approved by the District Council;
(4)
The fence shall not be constructed of corrugated metal or fiberglass, or sheet metal;
(5)
The parking area within the theater shall be designed to prevent headlights from shining onto adjacent properties; and
(6)
There shall be no amplified sound system used on the premises, except for emergency situations, traffic direction, and the small, individual speaker boxes to be attached to patrons' vehicles.

Effective on: 1/1/1901

Sec. 27-415. Tourist cabin camp.

(a)

A tourist cabin camp may be permitted, subject to the following:

(1)
The subject property shall contain at least five (5) contiguous acres;
(2)
The camp property shall be at least two hundred (200) feet from any permanent residential building, unless separated by a street, railroad, river, hedge, fence, or other similar natural or artificial barrier deemed adequate by the District Council. In this case, the distance may be reduced to fifty (50) feet;
(3)
All buildings and structures shall be located at least fifty (50) feet from all boundary lines of the Special Exception;
(4)
The camp shall be laid out into tourist cabin plots, each having the following minimum dimensions:
1. (A)
  Area - 1,000 square feet;
2. (B)
  Plot width - 25 feet;
3. (C)
  Driveway frontage - 20 feet;
4. (D)
  Distance from sanitary or laundry facilities building - 20 feet;
(5)
Each tourist cabin plot shall be defined by markers at the corners;
(6)
Each cabin shall be at least fifteen (15) feet from any other cabin; and
(7)
Each plot shall contain only one (1) cabin, and no cabin shall be occupied by more persons than it was designed for.

Effective on: 1/1/1901

Sec. 27-415.01. Tobacco shops, electronic cigarette shops or a retail tobacco business.

(a)

Tobacco shops, electronic cigarette shops, or a retail tobacco business may be permitted by Special Exception, subject to the following:

(1)
The structure in which the use is proposed shall be located at least three hundred (300) feet from any school, library, park, recreational facility, and historic site, resource, or district identified on any applicable Historic Site and District Plan, a National Register Site, or an Historic District. This provision shall not apply to a Retail Tobacco Business within a Recreational or Entertainment Establishment of a Commercial Nature with Video Lottery Facility uses in accordance with Section 27-548.01.04 of this Subtitle.
(2)
In its final decision to approve a Special Exception for the use, the Council may impose other reasonable requirements deemed necessary to safeguard the health, safety, morals, and general welfare of the community, taking into account the character of surrounding properties and the general neighborhood, and any other uses on the subject property.
(3)
No Special Exception shall be permitted for a tobacco shop, electronic cigarette shop, or a retail tobacco business located within 2,000 feet of another tobacco shop, electronic cigarette shop, or a retail tobacco business. In addition, the use shall be limited to specified daily hours of operation, which shall be from 10:00 a.m. until 10:00 p.m. This provision shall not apply to a Retail Tobacco Business or Retail Tobacco Businesses within a Recreational or Entertainment Establishment of a Commercial Nature with Video Lottery Facility uses.
(4)
Tobacco shops, electronic cigarette shops or retail businesses shall not be accessory uses.

(CB-92-2015; CB-15-2017; CB-86-2018)

Editor's note(s)—Effective November 17, 2015, Section 5 of CB-92-2015 enacted by the County Council requires an existing tobacco shop or electronic cigarette shop in the C-A, C-S-C, C-W, C-R-C, M-X-T, M-X-C, and M-U-I Zones as of January 1, 2016, with a valid use and occupancy permit for a tobacco shop, or a use that included activity that meets the definition of an "electronic cigarette shop" may continue upon approval of a Special Exception in accordance with PART 4 of this Subtitle. Applications for tobacco shop and/or electronic cigarette shop uses shall be accepted for filing by the Planning Board on or before June 1, 2017.

Effective on: 1/1/1901

Sec. 27-416. Tower, pole, monopole, or antenna.

(a)

A tower, pole, or monopole for the support of an antenna (electronic, radio, television, transmitting, or receiving) may be permitted, subject to the following:

(1)
In the Commercial and Industrial Zones, and for land in a Residential Zone owned by a public entity, the structure shall generally be set back from all property lines and dwelling units a distance equal to the height of the structure (measured from its base). The District Council may reduce the setback to no less than one-half (1/2) the height of the structure based on certification from a registered engineer that the structure will meet the applicable design standards for wind loads of the Electronic Industries Association (EIA) for Prince George's County. In the Residential Zones, on privately owned land, the structure shall be set back from all property lines and dwelling units a distance equal to the height of the structure (measured from its base);
(2)
On privately owned land, the structure shall not be used to support lights or signs other than those required for aircraft warning or other safety purposes;
(3)
Any tower or monopole which was originally used, but is no longer used, for telecommunications purposes for a continuous period of one (1) year shall be removed by the tower or monopole owner at the owner's expense; and
(4)
Any related telecommunication equipment building shall be screened by means of landscaping or berming to one hundred percent (100%) opacity.

(CB-123-1994; CB-103-1997; CB-13-1998; CB-65-2000)

Effective on: 1/1/1901

Sec. 27-416.01. Townhouses.

(a)

Townhouses may be permitted in the R-30, R-30C, R-18, and R-18C Zones subject to the following:

(1)
The Site Plan shall be designed in accordance with the guidelines set forth in Section 27-274(a)(11); and
(2)
The use shall comply with the requirements of Section 27-433.

(CB-55-1996)

Effective on: 1/1/1901

Sec. 27-416.02. Transfer station.

(a)

A transfer station may be permitted subject to the following:

(1)
Hours of operation shall occur only between 7:00 A.M. and 6:00 P.M.;
(2)
The building associated with the use shall be set back at least five hundred (500) feet from all property lines;
(3)
The applicant shall identify measures that will be taken to control any noxious and offensive odors;
(4)
All activities pertinent to the transferring of solid waste shall be conducted in a wholly enclosed building which has an impervious surface for loading and unloading solid waste, and is capable of accommodating all types of solid waste hauling vehicles; and
(5)
The use shall not commence until the State of Maryland has issued all applicable permits including, but not limited to, a transfer station permit.

(CB-71-1994; CB-55-1996)

Effective on: 1/1/1901

Sec. 27-416.03. Vehicle lubrication and tune-up facilities.

(a)

A vehicle lubrication or tune-up facility may be permitted, subject to the following:

(1)
Service activity on any motor vehicle shall be completed within twenty-four (24) hours or less, and no vehicle may be stored on the property for longer than this period;
(2)
The demolition or junking of motor vehicles is prohibited; and
(3)
The District Council shall find that the proposed use will not unduly restrict the availability of land, or upset the balance of land use, in the area for other trades and commercial uses.

(CB-43-1987; CB-55-1996)

Editor's note(s)—CB-43-1987 provided that any vehicle lubrication or tune-up facility previously approved for special exception or building or use and occupancy permit as a vehicle (automobile) parts or tire store with installation or as an automobile filling station shall be deemed to have been approved as a vehicle lubrication or tune-up facility as of July 10, 1987.

Effective on: 1/1/1901

Sec. 27-417. Vehicle and trailer rental display.

(a)

The display for rental purposes of motor vehicles (except dump trucks), trailers, boats, camping trailers, or other vehicles may be permitted, subject to the following:

(1)
Rental vehicles shall be parked on a hard-surfaced area, which is resistant to erosion and adequately treated to prevent dust emission;
(2)
The gross weight of trucks shall not exceed twenty thousand (20,000) pounds each;
(3)
In addition to the buffering requirements in the Landscape Manual, the use shall be screened from existing or proposed residential development by a six (6) foot high opaque wall or fence. The fence or wall shall not contain any advertising material, and shall be maintained in good condition. This screening may be modified by the District Council where the parking area is already effectively screened from residential property by natural terrain features, changes in grade, or other permanent, natural, or artificial barriers.

(b)

If the rental use is in conjunction with another use, it shall be subject to the following:

(1)
A Special Exception is required to validate the rental use, irrespective of the commencement date of the use; and
(2)
Off-street parking for the use shall be provided in addition to the off-street parking required for the other business.

(c)

If the use is a totally separate business (not in connection with any other business), it shall be subject to the following:

(1)
The area devoted to rental purposes shall not be more than sixty percent (60%) of the net lot area; and
(2)
The display shall be set back at least thirty (30) feet from the street line.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-417.01. Vehicle parts and tire store (including installation).

(a)

A vehicle parts and tire store, including installation facilities, may be permitted, subject to the following:

(1)
All sales and installation operations shall be conducted within a wholly enclosed building, with no outdoor storage;
(2)
Installation activity on any motor vehicle shall be completed within forty-eight (48) hours or less. No vehicle may be stored on the property for longer than this period; and
(3)
The demolition or junking of motor vehicles is prohibited.

Effective on: 1/1/1901

Sec. 27-417.01. Vehicle, boat, mobile home, trailer, and camping trailer sales room or lot.

(a)

A motor vehicle, boat, mobile home, trailer, and camping trailer sales room or sales lot for operable vehicles may be permitted, subject to the following:

(1)
The number and type of vehicles which are permitted on the lot shall be determined on a case-by-case basis, taking into account factors such as gross vehicle weight, vehicle size, the nature of vehicles (commercial, industrial, earth-moving equipment, passenger, or other vehicle type).

Effective on: 1/1/1901

Sec. 27-417.03. Vehicle salvage yard.

(a)

A vehicle salvage yard may be permitted, subject to the following:

(1)
The use shall be enclosed by a solid, sightly, light-tight wall or fence at least eight (8) feet high, and found to be satisfactory by the District Council;
(2)
The fence shall not be constructed of corrugated metal or fiber glass, or sheet metal;
(3)
Outdoor storage shall not be visible from the ground level beyond the fence; and
(4)
Interior storage shall be located within a fireproof building.

Effective on: 1/1/1901

Sec. 27-418. Wholesaling or distribution uses.

(a)

A wholesaling or distribution use not otherwise allowed may be permitted in the I-1 Zone, subject to the following:

(1)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation; and
2. (B)
  The compatibility of the use with the surrounding area.
(2)
The District Council shall find that the proposed use is in keeping with the purposes of the I-1 Zone.

Effective on: 1/1/1901

Sec. 27-296. Application form and contents.

(a)

General.

(1)
An application for a Special Exception shall be filed with the Planning Board by the owner (or his authorized representative) of the property, except as provided for in paragraph (2), below.
(2)
In the case of an application for public utility power transmission line rights-of-way, towers, poles, conduits, pipelines, or similar facilities, an applicant shall be considered an owner (or authorized representative) if he submits an affidavit stating:
1. (A)
  That he has made a bona fide effort without success to obtain a contractual interest in the properties included in the project (for valid consideration);
2. (B)
  The efforts he has made; and
3. (C)
  That he either intends to continue negotiations or to file for condemnation proceedings if the Special Exception is granted.
(3)
All applications shall be on forms provided by the Planning Board. All information shall be typed, except for the signatures of all owners.
(4)
A single application may be filed for more than one (1) Special Exception use on the subject property.
(5)
If two (2) or more properties are included in one (1) application (except those covered by paragraph (6), below), they must be adjoining. Separate applications are required for each property if they are not adjoining. In this Section, the word "adjoining" shall include those properties which are separated by a public right-of-way, stream bed, or the like.
(6)
In the case of applications for public utility power transmission line rights-of-way, towers, poles, conduits, pipelines, and similar facilities, the properties involved do not have to be adjoining and one (1) application may be filed for all properties involved in any one (1) project.

(b)

Contents of application form.

(1)
The following information shall be included on the application:
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 requested use of the property;
3. (C)
  The street address of the property; name of any municipality the property is in; name and number of the Election District the property is in;
4. (D)
  The total area of the property (in either acres or square feet);
5. (E)
  The property's lot and block number, subdivision name, and plat book and page number, if any; or a description of its acreage, with reference to liber and folio numbers.
6. (F)
  The name, address, and signature of each owner of record of the property. Applications for property owned by a corporation must be signed by those officers empowered to act for the corporation; and
7. (G)
  The name, address, and telephone number of the correspondent.

(c)

Other submission requirements.

(1)
Along with the application, the applicant shall submit the following with all plans prepared at the same scale (where feasible):
1. (A)
  An accurate plat (prepared, signed, and sealed by a registered engineer or land surveyor) capable of being reproduced on an ozalid or similar dry-copy machine, or six (6) copies of the plat. This plat shall show:
  1. (i)
    The present configuration of the property, including bearings and distances (in feet). In the case of applications for public utility power transmission line rights-of-way, towers, poles, conduits, pipelines, and similar facilities, the applicant shall not be required to supply a metes and bounds survey of the rights-of-way, but shall show on the plat the center line (by bearings and distances) and width (in feet) of the project, so that the location of the rights-of-way can be readily determined. In this latter case, within ninety (90) days after the acquisition of each property necessary for the project, and prior to the issuance of any building permit (for the approved Special Exception use), the applicant shall complete an accurate metes and bounds survey of the property and furnish either one (1) reproducible or six (6) nonreproducible copies of the survey to the Planning Board;
  2. (ii)
    The names of the owners of record or subdivision lot and block numbers of adjoining properties;
  3. (iii)
    The name, location, distance to the center line, and present right-of-way width of all abutting streets. If the property is not located at the intersection of two (2) streets, the distance to, and the name of, the nearest intersecting street shall be indicated;
  4. (iv)
    The subdivision lot and block numbers of the subject property (if any);
  5. (v)
    A north arrow and scale (not smaller than one (1) inch equals four hundred (400) feet);
  6. (vi)
    The total area of the property (in square feet or acres);
  7. (vii)
    The location of all existing buildings on the property; and
  8. (viii)
    The subject property outlined in red.
2. (B)
  A site plan (drawn to scale) showing all existing and proposed improvements and uses on the subject property, and the use and zoning of adjacent properties. The site plan shall be in sufficient detail so that a determination can be made that the proposed use will be in compliance with all requirements of this Subtitle applicable to it. The site plan must be capable of being reproduced on an ozalid or similar dry-copy machine, or nine (9) copies of the plan must be supplied. In a Chesapeake Bay Critical Area Overlay Zone, the site plan shall be prepared in accordance with Subtitle 5B.
3. (C)
  A landscape plan shall be prepared in accordance with the provisions of the Landscape Manual. The landscape plan must be capable of being reproduced on an ozalid or similar dry-copy machine, or nine (9) copies of the plan must be supplied.
4. (D)
  Three (3) copies of the appropriate Zoning Map page on which the property is plotted to scale and outlined in red.
5. (E)
  A certificate of public convenience and necessity for a public utility power transmission line right-of-way, tower, pole, conduit, pipeline, or similar facility, if:
  1. (i)
    The actual record owner of the subject property has not signed the application; and
  2. (ii)
    A certificate is required by the State or Federal agency having jurisdiction over the public utility operation.
6. (F)
  Three (3) copies of a typewritten statement of justification in support of the request. The statement shall address the provisions of this Subtitle applicable to the requested use. The statement shall also set forth the factual reasons showing why approval of the request would not be detrimental to the public health, safety, and welfare. This statement may be accompanied by three (3) copies of any material which (in the applicant's opinion) is necessary to clarify or emphasize the typewritten statement. This additional material, if not foldable, shall be not larger than eighteen (18) by twenty-four (24) inches.
7. (G)
  A statement listing the name, and the business and residential addresses, of all individuals having at least a five percent (5%) financial interest in the property.
8. (H)
  If any owner is a corporation, a statement listing the officers of the corporation, their business and residential addresses, and the date on which they assumed their respective offices. This statement shall also list the current Board of Directors, their business and residential addresses, and the dates of each Director's term. An owner that is a corporation listed on a national stock exchange shall be exempt from the requirement to provide residential addresses of its officers and directors.
9. (I)
  If the owner is a corporation (except one listed on a national stock exchange), a statement containing the names and residential addresses of those individuals owning at least five percent (5%) of the shares of any class of corporate security (including stocks and serial maturity bonds).
10. (J)
  An approved Natural Resource Inventory.
11. (K)
  A Type 2 Tree Conservation Plan prepared in conformance with Division 2 of Subtitle 25 and the Woodland and Wildlife Habitat Conservation Technical Manual or a Standard Letter of Exemption.
12. (L)
  A statement of justification describing how the proposed design preserves and restores the regulated environmental features to the fullest extent possible; and
13. (M)
  All other data or explanatory material deemed necessary by the District Council, Zoning Hearing Examiner, or Planning Board (submitted in triplicate).
(2)
For the purposes of (G), (H), and (I) above, the term "owner" shall include not only the owner of record, but also any contract purchaser.

(d)

Acceptance.

(1)
The Planning Board shall accept for filing the application for a Special Exception upon a determination that the application complies with (b) and (c) above, and within seven (7) days of acceptance, notify the Zoning Hearing Examiner of the date of acceptance.

(CB-107-1984; CB-33-1985; CB-72-1987; CB-86-1988; CB-1-1989; CB-75-1989; CB-84-1990; CB-95-1991; CB-47-1996; CB-15-1998; CB-28-2010; CB-34-2011; CB-29-2013)

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. 27-297. Reserved.

Effective on: 1/1/1901

Sec. 27-298. Amendment of application.

(a)

Requests to amend an application shall be in writing and signed by the owner of record. The request may be submitted only by the applicant (or his authorized representative). The amendment of applications shall be subject to the following:

(1)
Amendments concerning an error, omission of fact, or other factual change not mentioned below in this Section shall be permitted at any time.
(2)
Amendments which change the total area or configuration of a property shall be made before the application is transmitted to the Council. If the area is increased, the appropriate additional filing fee shall be paid.
(3)
Amendments concerning a change in the requested use shall be accompanied by a new (revised) justification statement and shall not be permitted after the case is transmitted to the Council.
(4)
Amendments of the site plan shall not be permitted after the case is transmitted to the Council, unless the amendment has been recommended by the Technical Staff, Planning Board, or Zoning Hearing Examiner.

Effective on: 1/1/1901

Sec. 27-299. Withdrawal.

(a)

Any application may be withdrawn. All requests for withdrawal shall be in writing and signed by the owner of record. The request may be submitted only by the applicant (or his authorized representative).

(b)

Requests made prior to the date the application is transmitted to the Council shall be directed to the Planning Board.

(c)

Requests made on or after the date the application is transmitted to the Council shall be directed to the District Council.

(d)

Requests received prior to the date of the public release of the Technical Staff Report shall be administratively granted, and the provisions of Section 27-300 shall not apply.

(e)

Requests received on or after the date of the public release of the Technical Staff Report shall be administratively granted and the provisions of Section 27-300 shall apply.

Effective on: 1/1/1901

Sec. 27-300. Reapplication.

No new Special Exception application for the same use may be filed on the same land until two (2) years have elapsed after final action (including appellate review) on a previous application. After two (2) applications for the same use on the same land have been acted upon, a period of four (4) years must elapse before another application for the same use on the same land may be filed.

Effective on: 1/1/1901

Sec. 27-301. Joint applications.

An application for a Special Exception may be filed or considered at the same time that a Zoning Map Amendment application on the same land is filed or considered.

Effective on: 1/1/1901

Sec. 27-302. Hearing date established.

(a)

The Zoning Hearing Examiner shall establish the date of the public hearing to be held in accordance with PART 3 of this Subtitle. Subject to Section 27-303, the public hearing shall be held within one hundred and fifty (150) days of acceptance of the application by the Planning Board set forth in Section 27-296(d).

(b)

The Zoning Hearing Examiner shall establish the date of the public hearing for an adaptive use of a Historic Site not less than one hundred twenty (120) days after the date upon which the application was filed.

(CB-58-1987; CB-29-2013)

Effective on: 1/1/1901

Sec. 27-303. Request to delay hearing.

(a)

Should the Planning Board determine that it is in the public interest to delay the hearing date established under Section 27-302(a), the Planning Board may request, prior to the transmittal date (Section 27-307), that the Zoning Hearing Examiner approve the delay. The request shall be in writing and shall demonstrate good cause for the delay. The Zoning Hearing Examiner may approve the request (by administrative action) and notify the Planning Board and the applicant of the re-designated hearing date.

(b)

The People's Zoning Counsel or any person of record may request the continuance of a hearing under this Section. The Zoning Hearing Examiner shall grant a continuance if a required Technical Staff Report has not been filed at least thirty (30) days before the scheduled hearing. If a continuance is granted for this reason, the Zoning Hearing Examiner may not hear the case until at least thirty (30) days after the Technical Staff Report has been filed.

(CB-123-1986; CB-29-2013)

Effective on: 1/1/1901

Sec. 27-304. Reserved.

Effective on: 1/1/1901

Sec. 27-305. Posting.

The Planning Board shall post the property with a durable sign at least sixty (60) days prior to the scheduled hearing date. Signs shall be posted in accordance with Section 27-142.01.

(CB-86-1984; CB-33-1985; CB-128-1989; CB-14-1998; CB-15-1998; CB-12-2003)

Effective on: 1/1/1901

Sec. 27-306. General publication.

(a)

Within ten (10) days after the end of each month, the Planning Board shall provide a list of all Special Exception applications filed during that month, arranged according to Election District. The list shall set forth the name of the applicant, the size and description of the property, the existing zoning classification of the property, and the requested use. The Planning Board shall make the list available free of charge (on an individual and subscription basis), but may establish a fee for mailing the list to cover the costs of postage and handling.

(b)

One copy of the list described in this Section shall be mailed by the Planning Board on a subscription basis without charge to a Homeowners, Neighborhood, or similar Association.

(CB-125-1986)

Effective on: 1/1/1901

Sec. 27-307. Transmittal.

At least thirty (30) days prior to the public hearing established under Section 27-302(a), the original copy of the application, plans, maps, specifications, Technical Staff Report, and all other data, materials, or record evidence (to date) pertaining to the requested Special Exception shall be sent by the Planning Board to the District Council.

(CB-29-2013)

Effective on: 1/1/1901

Sec. 27-308. Public examination.

At least thirty (30) days prior to the public hearing, the original Special Exception application file shall be available for public examination in the Office of the Zoning Hearing Examiner, and a copy of the file shall be available for public examination in the Office of the Planning Board. This file may be reviewed by anyone, and copies of any of its contents may be obtained at a reasonable cost.

Effective on: 1/1/1901

Sec. 27-309. Referral.

(a)

When a historic resource included on the Adopted and Approved Historic Sites and Districts Plan (except the White Farm identified as Site Number 7306 on the Plan) is located on the property which is the subject of a request for a Special Exception or for a revision of the site plan, the application and site plan shall be referred to the Historic Preservation Commission as soon as feasible after filing.

(b)

Upon filing a Special Exception application for an adaptive use of a Historic Site, the application, site plan, statement of justification, and any other accompanying materials shall be referred to the Historic Preservation Commission.

(CB-58-1987)

Effective on: 1/1/1901

Sec. 27-310. Recommendation of Historic Preservation Commission.

The Historic Preservation Commission shall submit its comments and recommendations for the record within sixty (60) days after the date the application was referred to it. Failure of the Historic Preservation Commission to submit a recommendation within this time period shall constitute no objection to the approval of the Special Exception or revised site plan of a Special Exception, as requested.

(CB-58-1987)

Effective on: 1/1/1901

Sec. 27-311. In general.

In connection with each application for a Special Exception, the record shall include a report by the Technical Staff. This report shall include the Staff's recommendation.

Effective on: 1/1/1901

Sec. 27-312. Authority of Zoning Hearing Examiner in Special Exception cases.

(a)

The Zoning Hearing Examiner shall have the authority to approve or deny an application for Special Exception or variance in accordance with the following:

(1)
The Zoning Hearing Examiner shall have all the authority, discretion, and power given the District Council in this Part and in PART 3, Division 5, Subdivision 2, in the absence of a provision to the contrary.
(2)
The Zoning Hearing Examiner's decision on an application for Special Exception shall be final thirty (30) days after filing the written decision, except:
1. (A)
  Where timely appeal has been made to the District Council pursuant to Section 27-131;
2. (B)
  In those cases described in Sections 27-132(c)(1)(D) and 27-301. For these cases the Zoning Hearing Examiner shall transmit specific findings of fact, conclusions of law, and a recommended disposition of the case to the District Council for final decision;
3. (C)
  In any case where, within thirty (30) days after receipt of the Zoning Hearing Examiner's decision, the District Council, upon its own motion and by a majority vote of the full Council, elects to make the final decision on the case itself; or
4. (D)
  If the applicant, all persons of record, and the People's Zoning Counsel waive (in writing) their right of appeal, and the District Council, by majority vote of the full Council, has waived its right to make the final decision on the case pursuant to subparagraph (C), above. For these cases, the Zoning Hearing Examiner may direct that the decision become effective immediately, unless it is a case referred to in subparagraph (B), above.
(3)
With respect to any Special Exception or variance case finally decided by him, the Zoning Hearing Examiner shall possess:
1. (A)
  The authority to approve site plan amendments in accordance with Section 27-324;
2. (B)
  The authority to grant extensions of time in accordance with Section 27-326; and
3. (C)
  The reconsideration powers given the District Council in Subdivision 11, below.

(b)

The Zoning Hearing Examiner does not have the authority granted to the District Council under Subdivision 12 of this Division.

(c)

The Zoning Hearing Examiner does not have the authority to grant or deny an application for Special Exception for an adaptive reuse of a surplus public school.

(CB-92-1992)

Effective on: 1/1/1901

Sec. 27-313. Zoning Hearing Examiner hearing procedures.

Where the Zoning Hearing Examiner is authorized to conduct a public hearing, he shall do so in accordance with PART 3, Division 1, Subdivision 2, of this Subtitle.

Effective on: 1/1/1901

Sec. 27-314. Authorization.

The District Council may approve Special Exceptions, in accordance with the requirements of this Subtitle (subject to the delegation of this authority to the Zoning Hearing Examiner in Subdivision 7, above).

Effective on: 1/1/1901

Sec. 27-315. District Council hearing (oral argument) procedures.

Whenever the District Council conducts a public hearing (including an oral argument) for a Special Exception case, it shall do so in accordance with PART 3, Division 1, Subdivision 3, of this Subtitle.

Effective on: 1/1/1901

Sec. 27-316. Variances in conjunction with Special Exception approval.

The District Council may grant variances from the strict application of this Subtitle in conjunction with its approval of a Special Exception (or revised site plan) in accordance with PART 3, Division 5, Subdivision 2, of this Subtitle. Variances granted under the authority of this Section are applicable only to the structure or use the variance was granted in conjunction with.

(CB-92-1992)

Effective on: 1/1/1901

Sec. 27-317. Required findings.

(a)

A Special Exception may be approved if:

(1)
The proposed use and site plan are in harmony with the purpose of this Subtitle;
(2)
The proposed use is in conformance with all the applicable requirements and regulations of this Subtitle;
(3)
The proposed use will not substantially impair the integrity of any validly approved Master Plan or Functional Master Plan, or, in the absence of a Master Plan or Functional Master Plan, the General Plan;
(4)
The proposed use will not adversely affect the health, safety, or welfare of residents or workers in the area;
(5)
The proposed use will not be detrimental to the use or development of adjacent properties or the general neighborhood; and
(6)
The proposed site plan is in conformance with an approved Type 2 Tree Conservation Plan; and
(7)
The proposed site plan demonstrates the preservation and/or restoration of the regulated environmental features in a natural state to the fullest extent possible in accordance with the requirement of Subtitle 24-130(b)(5).

(b)

In addition to the above required findings, in a Chesapeake Bay Critical Area Overlay Zone, a Special Exception shall not be granted:

(1)
where the existing lot coverage in the CBCA exceeds that allowed by this Subtitle, or
(2)
where granting the Special Exception would result in a net increase in the existing lot coverage in the CBCA.

(CB-75-1989; CB-28-2010; CB-76-2010; CB-34-2011)

Effective on: 1/1/1901

Sec. 27-318. Conditional approval.

When a Special Exception is approved, any requirements or conditions deemed necessary to protect adjacent properties and the general neighborhood may be added to those of this Subtitle.

Effective on: 1/1/1901

Sec. 27-319. Effect of site plan approval.

(a)

Development and use shall be in accordance with the approved site plan, except as provided in this Subdivision and Subdivision 10, below. Except when specifically noted elsewhere, the site plan requirement of this Part shall take precedence over any other site plan provisions which would apply to that property.

(b)

In the case of site plans for public utility power transmission line rights-of-way, towers, poles, conduits, pipelines, and similar facilities, minor deviations in route (from that shown on an approved site plan) may be made at the convenience of the affected property owners.

(c)

If a building permit authorized by an approved Special Exception was issued prior to October 16, 1975, existing development may continue and new development may proceed in accordance with that permit, regardless of whether there is an approved site plan in the record. A graphic illustration of the resultant actual development pursuant to the permit shall be considered the site plan.

(d)

In the case where there is no approved site plan in the record and no building permit has been issued, a permit may be issued for development and use in accordance with the current provisions of this Subtitle applicable to the use. A graphic illustration of the resultant actual development pursuant to the permit shall be considered the site plan.

(e)

All enlargements, alterations, revisions, and extensions shall be in accordance with the provisions of Subdivision 10, below, except as provided in this Section.

(f)

Notwithstanding any of the above, in the case of a commercial recreational attraction, when a portion of the property subject to an approved Special Exception site plan (either conceptual or detailed site plan) is conveyed to a new owner, any improvements, uses, or structures in existence, in operation, or shown on an approved site plan (either conceptual or detailed site plan) for the property conveyed may continue pursuant to that site plan without any requirement to obtain approval of an alteration or revision of the overall site plan, provided said improvements, uses, or structures are able to function independently of the balance of the site plan property which is not conveyed. The approved Special Exception site plan for the balance of the property which is not conveyed shall be extinguished if any improvements, uses, or structures cannot function independently of the site plan property conveyed to the new owner, except as provided for hereinafter. If any part of an existing singular improvement, use, or structure is partially located on the site plan property conveyed to the new owner and partially on the balance of the property which is not conveyed, that improvement, use, or structure shall continue to operate pursuant to the previously approved Special Exception site plan (either conceptual or detailed site plan), provided the owners of both properties enter into an appropriate legal arrangement allowing the use of the property not conveyed on which the existing improvement, use, or structure is partially located to the new owner of the Special Exception site plan property which is conveyed. To continue the operation, or prior to the construction of any improvement, use, or structure described above, the new owner shall obtain a new use and occupancy permit, the application for which shall contain the site plan for the portion of the property conveyed, including all existing improvements, uses, and structures, already constructed or shown, and the revised boundaries, and a copy of the appropriate legal arrangement to use any portion of the property not conveyed on which any improvement, use, or structure shown on the site plan (either conceptual or detailed site plan) is partially located. This site plan shall be approved by the Planning Board or its designee as being identical to the existing, approved Special Exception, with the exception of the boundaries of the property. Once approved, this site plan shall serve as the approved Special Exception site plan. Nothing in this Subsection shall be deemed to eliminate the requirements for approval of, and development in conformance with, the site plans required by Section 27-342. If the new owner of the Special Exception site plan property subsequently acquires fee simple title to the balance of the original Special Exception property, then the original Special Exception site plan for that portion of the property not originally conveyed may be reinstated in its original form. This reinstatement may be accomplished by the new owner filing for approval by the Planning Board or its designee a site plan which shows the entire Special Exception property (both the portion originally acquired by the new owner as well as the balance of the original property subsequently acquired). This site plan shall show all boundaries of the consolidated Special Exception property and shall show the improvements, uses, or structures originally approved on that portion of the property subsequently acquired. This site plan shall be approved provided the consolidated Special Exception property is under single ownership, and the area and configuration of the property remain unchanged from that shown on the original Special Exception site plan. Once approved, this site plan shall serve as the approved Special Exception site plan.

(CB-40-1991; CB-115-1991; CB-93-1994)

Effective on: 1/1/1901

Sec. 27-320. Effect of rezoning on approved Special Exception.

(a)

When any land, or portion thereof, upon which a Special Exception has been approved is reclassified to a zoning category different from that category in which it was classified at the time the Special Exception was approved, the following shall apply:

(1)
If, at the time of the rezoning, the approved use requires approval of a Special Exception in the new zone, and the specific Special Exception requirements governing the use are the same in both zones, the Special Exception, as approved, shall remain in full force and effect.
(2)
If, at the time of the rezoning, the approved use is not permitted in the new zone, or requires approval of a Special Exception with different requirements, and the use or construction authorized by the Special Exception has commenced and has not ceased, the Special Exception shall not terminate and the use may continue as a nonconforming use. Notwithstanding the provisions of this Subtitle relative to nonconforming uses, the use and development authorized under this paragraph shall be subject to Subdivisions 10, 11, and 12 below.
(3)
Notwithstanding any of the above, in the case of a commercial recreational attraction if, at the time of the rezoning, the commercial recreational attraction is not permitted in the new zone, the approved Special Exception site plan (either conceptual or detailed site plan) and any conditions shall continue in full force and effect as to that portion of the property subject to the Special Exception site plan which remains in the zone permitting the commercial recreational attraction as a Special Exception use. Any improvement, use, structure, screen, or buffer located in whole or in part on the property placed in the new zone may also continue to be used in conjunction with the Special Exception until that property is developed for another use or removed from the approved Special Exception site plan (either conceptual or detailed site plan). However, if the new zone to which the commercial recreational attraction has been rezoned is subsequently amended to permit the commercial recreational attraction by Special Exception, then the original approved Special Exception, as well as the original Special Exception site plan (subject to any revisions which have been approved), shall be deemed reinstated on the entire property provided:
1. (A)
  The entire property is under single ownership;
2. (B)
  The area and configuration of the entire property remain unchanged;
3. (C)
  A site plan for the entire property has been approved by the Planning Board or its designee as required by Section 27-319(f).
(4)
If, at the time of the rezoning, the approved use is not permitted in the new zone, or requires approval of a Special Exception with different requirements, and the use or construction authorized by the Special Exception has not commenced or has ceased, the Special Exception shall terminate, and all provisions of the new zone shall apply to the use and development of the property.
(5)
If, at the time of the rezoning, the approved use is permitted in the new zone without approval of a Special Exception, the Special Exception shall terminate, and all provisions of the new zone shall apply to further use and development of the property. If the new zoning category is a Comprehensive Design Zone or the M-X-T Zone, however, the Special Exception shall not terminate, and the provisions of Subdivisions 10, 11, and 12, below, shall remain in effect until a Specific Design Plan for the Comprehensive Design Zone, or a Detailed Site Plan for the M-X-T Zone, is approved for the subject property.
(6)
If a Special Exception is approved for property owned by the State or Federal Government in the O-S Zone, the Special Exception shall remain valid upon placement of the property in the R-O-S Zone as a result of a conveyance of the property, and the Special Exception use shall remain applicable to the requirements of the O-S Zone.

(CB-40-1991; CB-115-1991; CB-93-1994; CB-88-1996)

Effective on: 1/1/1901

Sec. 27-320.01. Effect of Zoning Text Amendment on an Approved Special Exception.

(a)

When an amendment to the text of the Zoning Ordinance is enacted that negates the need for a Special Exception which has previously been approved, the Special Exception shall terminate and all current provisions of the zone shall apply to further use and development of the property, in accordance with the procedures set forth below.

(b)

If a Special Exception is terminated pursuant to Subsection (a), above, an owner of property so affected may petition the Planning Director of the Prince George's County Planning Department of the Maryland-National Capital Park and Planning Commission requesting that the Special Exception be officially nullified. Any such request shall be accompanied by a written statement setting forth the relevant facts supporting the petition, as well as true-test copies of the approved Special Exception and site plan, and the text amendment terminating the Special Exception. Notwithstanding the above, if the Planning Director discovers through other review procedures that a Special Exception is no longer required for the property, the Director may initiate procedures for termination of the Special Exception.

(1)
Upon the Planning Director's determination that a zoning text amendment has terminated a Special Exception, the Director shall make a written finding setting forth the grounds upon which the determination is made.
(2)
If the Planning Director finds that a Special Exception has not terminated, the applicant may file an appeal to the Prince George's County Planning Board within twenty (20) calendar days after the date of the Planning Director's action.
(3)
Upon the approval of a request to nullify a Special Exception, by either the Planning Director or the Planning Board, said action shall be noted on the official zoning map for Prince George's County and in all of the files regarding nullified Special Exceptions maintained by either the Prince George's County Planning Board, the Office of the Zoning Hearing Examiner, or the District Council.

(CB-45-1995)

Effective on: 1/1/1901

Sec. 27-321. Indication of Special Exception on Zoning Map.

Upon receiving notice of the approval of a Special Exception, the Planning Board shall indicate the location of the Exception on the Zoning Map.

Effective on: 1/1/1901

Sec. 27-322. In general.

(a)

No use allowed as a Special Exception, and no building or structure used in connection with that use, shall be erected, enlarged, altered, or extended beyond the limits authorized in the approval of the Special Exception, unless provided for in this Subdivision.

(b)

If a use other than one allowed by Special Exception is proposed for property on which there is an existing approved Special Exception use, and if the other use involves any changes to improvements shown on the approved site plan for the Special Exception use, the site plan must still be revised in accordance with this Subdivision in order for the Special Exception use to continue.

(CB-8-1984)

Effective on: 1/1/1901

Sec. 27-323. Alterations, enlargements, extensions, and revisions.

(a)

All alterations, enlargements, extensions or revisions of Special Exception uses (including enlargements in land area and area of improvements, revisions of a site plan and in the configuration of land area, and extensions of time) shall require the filing and approval of a new application for the applicable Special Exception use, except as specifically provided for in this Subdivision.

(b)

The new application shall include the entire land area covered by the original application, unless the new application is only for the purpose of adding land not covered by the original application. In this case, the new application may include only the land area being added, provided that the application fully demonstrates the relationship of development shown on both the new and originally approved site plans.

(c)

Any use or activity approved as an adaptive reuse of a surplus public school shall be limited to the land area covered by the original application, and no new application may be filed for the purpose of adding land not covered by the original application.

(CB-8-1984; CB-22-2019)

Effective on: 1/1/1901

Sec. 27-324. Major changes.

(a)

The District Council may (for good cause) amend any imposed condition or approved site plan without requiring a new application if the amendment does not constitute an enlargement or extension of a Special Exception use.

(1)
In the case of an amendment of a condition (imposed as a part of the approval of a Special Exception), the amendment request shall be directed (in writing) to the District Council and filed with the Clerk of the Council. The Zoning Hearing Examiner shall hold a public hearing on the request, in accordance with Section 27-129. The Technical Staff shall analyze the proposed amendment and submit a report to the Zoning Hearing Examiner at least fourteen (14) days prior to the public hearing. After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council. Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
(2)
In the case of an amendment of an approved Special Exception site plan, the amendment request shall be in the form of an application filed with the Planning Board. The contents of the application shall be determined by the Planning Board. Along with filing the application, the applicant shall submit a revised site plan and shall pay the required fee. The Technical Staff shall analyze the proposed amendment, taking into consideration the requirements of this Subtitle, and shall submit (for the record) a recommendation. The recommendation and the proposed amendment shall be transmitted by the Technical Staff directly to the Zoning Hearing Examiner and the District Council at least fourteen (14) days prior to the public hearing on the request held by the Zoning Hearing Examiner in accordance with Section 27-129. After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council. Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.

(b)

The District Council may permit the amendment of a site plan for a public utility use or structure (approved in accordance with Section 27-397) without requiring a new application if the Council finds that the amendment is necessary for the public convenience and service, and will not have an adverse impact on the area and adjacent property. The amendment may be an enlargement or extension of a building or structure but may not be an increase in total area or change in the configuration of the property. In this latter case, the request to amend shall be in the form of a Special Exception application filed with the Planning Board, in the same manner as required for an original application. The Technical Staff shall analyze the proposed amendment, taking into consideration the requirements of this Subtitle, and shall submit (for the record) a recommendation. The recommendation and the proposed amendment shall be transmitted by the Technical Staff directly to the Zoning Hearing Examiner and the District Council. The Zoning Hearing Examiner shall hold a public hearing on the request, in accordance with Section 27-129. After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council. Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.

(CB-8-1984; CB-84-1990; CB-115-1991; CB-56-1993; CB-15-1994; CB-47-1996; CB-15-1998; CB-12-2003; CB-1-2004)

Effective on: 1/1/1901

Sec. 27-325. Minor changes.

(a)

Minor changes, in general.

(1)
The Planning Board and Planning Director are authorized to approve minor changes to site plans for approved Special Exceptions, as provided in this Section. The Director may authorize staff to take any action the Director may take under this Section.
(2)
The Planning Board is authorized to grant the minor changes listed in this Section, and any variance requested in conjunction with the minor change. The minor change request shall be in the form of an application filed with the Planning Board. The contents of the application shall be determined by the Planning Board. Along with filing the application, the applicant shall submit a revised site plan, and shall pay the required fee. The Planning Board shall hold a hearing on the request in accordance with the Rules of Procedure established by the Planning Board. The Planning Board's decision shall be in the form of a resolution. A copy of the resolution shall be sent to all persons of record and the Clerk of the Council.
(3)
If the change is approved, the revised site plan shall be made a part of the record of the original application.
(4)
The revised site plan shall comply with all applicable requirements of this Subtitle, and with any conditions, relating to the use, imposed in the approval of the Special Exception or of any applicable Zoning Map Amendment, subdivision plat, or variance.

(CB-92-1992; CB-15-1998; CB-42-2002; CB-12-2003; CB-1-2004)

(b)
Minor changes, Planning Board.
1. (1)
  The Planning Board is authorized to approve the following minor changes:
  1. (A)
    An increase of no more than fifteen percent (15%) in the gross floor area of a building;
  2. (B)
    An increase of no more than fifteen percent (15%) in the land area covered by a structure other than a building;
  3. (C)
    The redesign of parking or loading areas; or
  4. (D)
    The redesign of a landscape plan.
2. (2)
  The Planning Board is further authorized to approve the minor changes described in (d) and later subsections below.
3. (3)
  In reviewing proposed minor changes, the Board shall follow the procedures in (a) above.

(CB-42-2002)

(c)
Limited minor changes, Planning Director.
1. (1)
  The Planning Director is authorized to approve minor changes administratively, without public hearing, in cases listed in (b), but only if the proposed minor changes are limited in scope and nature, including an increase in gross floor area or land covered by a structure other than a building up to ten percent (10%). The Director shall deny any administrative approval request proposing site plan changes which will have a significant impact on adjacent property.
2. (2)
  Before approving a minor change, the Director shall make all findings the Planning Board would be required to make, if it reviewed the application.
3. (3)
  The Director is not authorized to waive requirements in this Subtitle, grant variances, or modify conditions, considerations, or other requirements imposed by the Planning Board or District Council in any case.
4. (4)
  The applicant's property shall be posted within ten (10) days of the Director's acceptance of filing of the application. Posting shall be in accordance with Section 27-125.03. On and after the first day of posting, the application may not be amended.
5. (5)
  The Director may waive posting after determining, in writing, that the proposed minor change is so limited in scope and nature that it will have no appreciable impact on adjacent property.
6. (6)
  If posting is waived or a written request for public hearing is not submitted within the posted time period, then the Director may act on the application. The Director's approval concludes all proceedings.
7. (7)
  If the Director denies the application or a timely hearing request is submitted, then the application shall be treated as re-filed on the date of that event. The applicant, Director, and Technical Staff shall then follow the procedures for Planning Board review in (a) above.

(CB-42-2002; CB-1-2004)

(d)
Changes of golf course site plans.
1. (1)
  Changes of a site plan for an approved golf course may be permitted by the Planning Board or Planning Director, if authorized, for any modifications or additions which are found to be in accordance with the purposes and uses generally associated with golf courses, including swimming pools, tennis courts, and clubhouses/restaurants. The Planning Board shall not approve any use previously disapproved as part of the original Special Exception.
2. (2)
  Changes of a site plan for an approved golf course are not required provided a subsequent detailed site plan is approved for an aquaponics use on no more than 10% of the property provided:
  1. (A)
    The approved Detailed Site Plan is submitted to the Clerk of the Council for inclusion in the record of the Special Exception;
  2. (B)
    The Detailed Site Plan shall demonstrate that the use will not be detrimental to the use or development of adjacent properties; and
  3. (C)
    The aquaponics use complies with the following provisions:
    (i)
    The use is conducted within an enclosed greenhouse(s) and/or other climate-controlled building(s) and any additional required permits are obtained from the Department of Permitting, Inspections and Enforcement.
    (ii)
    Structures shall be setback in accordance with the requirements of the zone in which the use is located.
    (iii)
    Odors emanating from the site shall not be detectable from the property lines of surrounding properties.
    (iv)
    All operations including equipment such as exhaust fans, circulating pumps and/or generators shall comply with the provisions of Section 19-122(a) relating to maximum allowable noise levels in residential zones. Noise barriers shall be installed around any noise generating equipment if necessary to meet the required limitations.

(CB-42-2002; CB-61-2019)

(e)
Changes of pari-mutuel racetrack site plans.
Changes of a site plan for an approved pari-mutuel racetrack may be permitted by the Planning Board or Planning Director, if authorized, for any modifications related to racetrack activities, upon submittal of a letter from the Maryland Racing Commission advising that the modifications have been directed or approved by the Commission and are necessary to benefit racing. The Planning Board shall not approve any use previously disapproved as part of the original Special Exception.

(CB-42-2002)

(f)
Changes of gas station site plans.
1. (1)
  Changes of a site plan for an approved gas station may be permitted under the site plan amendment procedures in Section 27-324. The Planning Board and Planning Director may permit the following modifications under the procedures in this Subsection and in (a) and (c) above:
  1. (A)
    The enlargement or relocation of pump islands;
  2. (B)
    The addition of one (1) pump island;
  3. (C)
    The addition, relocation, or modification of a fence, kiosk, island shelter, island canopy, storage area, trash enclosure, vending area, or lavatory facility;
  4. (D)
    The addition, relocation, or modification of an accessory building used solely for the storage of automotive replacement parts or accessories. The accessory building shall be wholly enclosed. The building shall either be constructed of brick (or another building material similar in appearance to that of the main structure) and placed on a permanent foundation, or it shall be entirely surrounded with screening material. Screening shall consist of a wall, fence, or sight-tight landscaping material, which shall be at least as high as the accessory building. The type of screening shall be approved as a part of the minor change;
  5. (E)
    Any amendment described in (b) above.
2. (2)
  The Planning Board's decision shall be sent to all persons of record in the hearing before the Planning Board, and to the District Council. This decision 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. 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 all written evidence and materials submitted for consideration by the Planning Board, a transcript of the public hearing on the revised plan, and any additional information or explanatory material deemed appropriate. 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. 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 revised plan to the Planning Board to take further testimony or reconsider its decision. Where the Council approves a revised site plan, it shall make the same findings which are required to be made by the Planning Board. If the Council fails to act within the specified time, the Planning Board's decision is automatically affirmed. 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.

(CB-88-2000; CB-42-2002; CB-1-2004)

(g)
Changes of adaptive reuse of surplus public school site plans.
1. (1)
  Changes of a site plan for an approved adaptive reuse of a surplus public school may be permitted by the Planning Board or Planning Director, if authorized, for the following modifications:
  1. (A)
    The relocation or addition of porches, patios, decks, exterior stairways, and the like;
  2. (B)
    The relocation or addition of accessory storage buildings, playground equipment, picnic areas, barbecue pits, bicycle and pedestrian ways, and the like;
  3. (C)
    The relocation or addition of driveways and off-street parking lots and loading areas;
  4. (D)
    The relocation or addition of landscaping or screening areas;
  5. (E)
    The relocation or addition of fences and retaining walls; and
  6. (F)
    The relocation of freestanding business signs.

(CB-42-2002)

(h)
Changes of multifamily housing for elderly/handicapped site plans.
Changes of a site plan for approved multifamily housing for the elderly and/or handicapped may be permitted by the Planning Board or Planning Director, if authorized, in order to increase the amount of off-street parking. The Planning Board shall not approve any change previously proposed and specifically disapproved as part of the original Special Exception.

(CB-8-1984; CB-126-1984; CB-33-1985; CB-42-2002)

(i)
Changes of drive-in and fast-food restaurant site plans.
1. (1)
  Changes of a site plan for an approved drive-in or fast-food restaurant may be permitted under the site plan amendment procedures in Section 27-324. The Planning Board may permit the following modifications under the procedures in this Subsection and (a) and (c) above:
  1. (A)
    The addition, relocation, or modification of a freezer on the sides or rear of the restaurant building;
  2. (B)
    The addition, relocation, or modification of gross floor area in order to provide rest rooms to serve the physically handicapped;
  3. (C)
    The addition, relocation, or modification of vestibules above and around points of access to the restaurant building;
  4. (D)
    The addition, relocation, or modification of a fence, storage area, or trash enclosure; or
  5. (E)
    Any amendment described in (b) above.
2. (2)
  The Planning Board's decision shall be sent to all persons of record in the hearing before the Planning Board and to the District Council. This decision may be appealed to the District Council upon petition of 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. 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 file on the proposed revision, all written evidence and materials submitted for consideration by the Planning Board, a transcript of the public hearing on the revised plan, and any additional information or explanatory material deemed appropriate. 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. 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 revised plan to the Planning Board to take further testimony or reconsider its decision. Where the Council approves a revised site plan, it shall make the same findings that are required to be made by the Planning Board. If the Council fails to act within the specified time, the Planning Board's decision is automatically affirmed. 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.

(CB-88-2000; CB-42-2002; CB-1-2004)

(j)
Changes of site plans for uses within a Chesapeake Bay Critical Area Overlay Zone.
Changes of a site plan for an approved use within a Chesapeake Bay Critical Area Overlay Zone may be approved by the Planning Board, if such changes are necessary in order to conform to the approved Conservation Plan and Conservation Agreement. The Planning Board shall not approve any change previously proposed and specifically disapproved as part of the original Special Exception.

(CB-41-1986; CB-72-1987; CB-42-2002)

(k)
Changes of site plans necessitated by erosion/sediment control or stormwater management regulations.
1. (1)
  Changes of a site plan not otherwise provided for in this Section, for an approved use for which on-site erosion/sediment control or stormwater management facilities are required, may be permitted by the Planning Board or Planning Director, if authorized, provided that:
  1. (A)
    Such changes are the minimum necessary in order to conform to the approved plans for the required erosion/sediment control or stormwater management facilities and do not include the relocation of stormwater management facilities onto land not proposed for development; and
  2. (B)
    The agency having jurisdiction over approval of those plans advised the Planning Board that development in accordance with the approved Special Exception site plan would result in a violation of erosion/sediment control or stormwater management regulations.

(CB-127-1989; CB-42-2002)

(l)
Changes of site plans for public electric utility uses or structures.
The Planning Board or Planning Director, if authorized, may permit changes to a site plan for approved public electric utility uses or structures for the addition, relocation, or modification of foundations and equipment, including ground wires, control houses, and associated structures, within the existing fence line.

(CB-43-1991; CB-42-2002)

(m)
Changes of marina site plans.
Changes of a site plan for approved marinas may be permitted by the Planning Board or Planning Director, if authorized, for renovation in kind, replacement or repair for facilities such as the bulkheads or boat slips, floating and fixed docks boat storage facilities and other structures.

(CB-76-2001; CB-42-2002)

(n)
Changes of Planned Retirement Community site plans.
1. (1)
  The Planning Board may approve the following modifications, following the procedures in (a) above:
  1. (A)
    Changes required as the result of an approval of a Preliminary Plan of Subdivision;
  2. (B)
    Changes required by engineering necessity to grading, utilities, stormwater management, or related plan elements;
  3. (C)
    New or alternative architectural plans that are equal or superior to those originally approved, in terms of the quality of exterior building materials and architectural detail; or
  4. (D)
    Changes to any other plan element determined to be consistent with the overall design, layout, quality, or intent of the approved special exception site plan.
2. (2)
  The Planning Board's decision shall be sent to all persons of record in the hearing before the Planning Board, and to the District Council. This decision 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. 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 all written evidence and materials submitted for consideration by the Planning Board and a transcript of the public hearing on the revised plan. 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. 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 revised plan to the Planning Board to take further testimony or reconsider its decision. Where the Council approves a revised site plan, it shall make the same findings which are required to be made by the Planning Board. If the Council fails to act within the specified time, the Planning Board's decision is automatically affirmed. 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.

(CB-64-2015)

Effective on: 1/1/1901

Sec. 27-326. Extension of time limit.

(a)

In order to extend a time limit which is imposed in this Subtitle for a particular use, a new Special Exception must be approved.

(b)

In order to extend a time limit which is imposed as a condition of a Special Exception approval, a new Special Exception application need not be filed. The extension may be approved in accordance with the requirements and procedures of Section 27-324(a)(1) (Major changes).

Effective on: 1/1/1901

Sec. 27-327. Reconsideration of final decision.

(a)

Once a final decision on a Special Exception application has been made, the decision may be reconsidered upon request filed by either the applicant or other person of record within thirty (30) days of the final decision, if, based on the written request, whomever made the final decision (the Zoning Hearing Examiner or District Council) finds that there may have been an error in reaching the final decision that was caused by fraud, surprise, mistake, or inadvertence. The person of record filing the request for reconsideration of a Special Exception decision shall, upon filing the request, send a copy to all other persons of record.

(b)

Prior to reconsidering a decision, a public hearing shall be held on the matter by whomever made the final decision (Zoning Hearing Examiner or District Council).

(1)
If the District Council determines there may be grounds for reconsideration of their final decision, the Clerk of the Council shall schedule an evidentiary hearing on the request.
1. (A)
  After hearing, the District Council shall first vote to reconsider their final decision and, if an affirmative motion is adopted, vote on a new decision.
(2)
If the Zoning Hearing Examiner determines there may be grounds for reconsideration of a decision of the Zoning Hearing Examiner that became final, the Zoning Hearing Examiner shall conduct a public hearing in accordance with Section 27-129.
1. (A)
  After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council.
2. (B)
  Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's decision with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.

(CB-1-1991; CB-74-1994; CB-1-2004)

Effective on: 1/1/1901

Sec. 27-328. Revocation or modification of approved Special Exception.

(a)

The Director of the Department of Permitting, Inspections, and Enforcement may petition the District Council to revoke, modify, suspend, or impose additional conditions on an approved Special Exception, for the reasons specified in Subsection (e) of this Section. The petition shall include pertinent facts and conclusions, and a recommended action. The Director shall transmit a copy of the petition to the Planning Board at the time of its submission to the District Council. The Director shall also transmit a copy of the petition, by certified mail, to the property owner(s), and to the applicant if different from the property owner. A copy of the petition shall also be transmitted by first class mail to each municipality, if any part of the property is located within the municipal boundaries or is located within one (1) mile of the municipality, and to civic associations located in the vicinity of the property.

(b)

Within ninety (90) days of receipt of the petition, the Zoning Hearing Examiner shall conduct a public hearing on the petition in accordance with the notice and hearing requirements of Subdivisions 2, 3, 5, and 7 of this Division. All persons of record at the time the Special Exception was approved shall be included in the required notification. At least thirty (30) days prior to the public hearing, the original Special Exception file, along with all pertinent information relating to the petition, shall be available for public examination in the office of the Zoning Hearing Examiner.

(c)

Not later than ten (10) days prior to the Examiner's hearing, the Planning Board or Technical Staff may submit a recommendation or other material for the record.

(d)

The Examiner may hold the record open for up to sixty (60) days following the conclusion of the hearing. Within thirty (30) days of the closing of the record, the Examiner shall file a decision.

(e)

After the Examiner's decision has been filed, subject to the provisions of Subdivision 8 of this Division, the District Council may revoke, modify, suspend, or impose additional conditions on a Special Exception when it finds that:

(1)
The provisions in the approval of the Special Exception have not been complied with; or
(2)
The approved Special Exception has not been used for any two (2) year period after the date of the original approval, except where the conditions of nonuse are beyond control of the grantee of the Special Exception.

(f)

The District Council may (in conjunction with the revocation or modification) order any use and occupancy permit issued for the Special Exception use to be revoked or modified.

(g)

Revocation of a Special Exception shall constitute revocation of any variances granted for the use by the Council.

(CB-50-1984; CB-33-1985; CB-21-1991; CB-49-1993; CB-29-2014)

Effective on: 1/1/1901

College Park City Zoning Code

PART 4

SPECIAL EXCEPTIONS.

Sec. 27-328.01. Setbacks.

Effective on: 1/1/1901

Sec. 27-328.02. Landscaping, buffering, and screening.

(a)

(b)

Amendments to landscaping, buffering, and screening required in a Special Exception shall be made in accordance with Section 27-325.

(CB-1-1989; CB-91-1992; CB-68-2010)

Effective on: 1/1/1901

Sec. 27-329. Abrasives and asbestos products manufacturing.

(a)

The manufacturing of abrasives and asbestos products may be permitted subject to the following:

(1)
All operations shall be confined to the interior of a wholly enclosed building;
(2)
There shall be no outside storage of raw materials or finished products; and
(3)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation;
2. (B)
  The provisions proposed for the safety of workers;
3. (C)
  The pollution control measures to be taken; and
4. (D)
  The compatibility of the use with the surrounding area.

Effective on: 1/1/1901

Sec. 27-330. Accessory building, increase in height.

(a)

(1)
The additional height and purpose for which it is to be used are reasonably necessary for the convenience of the family occupying the main building; and
(2)
The increase is to not more than two (2) stories but not more than twenty-five (25) feet.

(b)

In the O-S, R-A, R-E, and R-R Zones, the height of accessory building used for bona fide agricultural purposes may be increased to forty (40) feet.

(c)

In the R-18 and R-10 Zones, the height of an accessory building located within a multifamily project and used as an office in connection with the multifamily project may be increased, provided that:

(1)
The additional height is necessary;
(2)
The additional height is solely used in connection with the multifamily project; and
(3)
The increase is to not more than two (2) stories but not more than twenty-five (25) feet.

Effective on: 1/1/1901

Sec. 27-330.01. Adaptive reuse of surplus public school.

(a)

The adaptive reuse of a surplus public school may be permitted, subject to the following:

(1)
The proposed use is not already allowed in the zone;
(2)
The use is not prohibited in all zones;
(3)
During the processing of the Special Exception application, an existing public school building is located on the subject property, which has been, or will be, conveyed by the Board of Education to Prince George's County, Maryland, and declared surplus. The property included with the building may be all or a part of the original school site;
(4)
The requirements for the location, size, and lot coverage of all structures, density, and green area which are specified for the zone in which the use is proposed shall not apply to existing structures or additions to existing buildings. The dimensions, percentages, and density shown on the approved site plan shall constitute the regulations for development under a given Special Exception;
(5)
One (1) freestanding building may be constructed on the subject property, provided a Special Exception for the new building's use is also made part of the Special Exception for the adaptive reuse of the existing public school building. The requirements as to height and setbacks that are specified for the zone in which the new building is proposed shall apply to the new freestanding building;
(6)
Off-street parking lots and loading areas shall be provided in accordance with the provisions of PART 11 applicable to the specific uses proposed and with the Landscape Manual;
(7)
Business signs for commercial or industrial uses shall be permitted in accordance with the provisions of Sections 27-615 and 27-616 applicable to Commercial (other than C-O) and Industrial (other than I-3) Zones. The location of any freestanding business sign shall be shown on the site plan;
(8)
An impact statement shall be submitted explaining:
1. (A)
  The nature and scope of the use proposed;
2. (B)
  The hours of operation of any proposed nonresidential use;
3. (C)
  The type and amount of traffic expected to be generated; and
4. (D)
  The measures to be taken to assure compatibility with the surrounding area, particularly with regard to abutting properties;
(9)
It shall be demonstrated to the satisfaction of the District Council that:
1. (A)
  The proposed use is compatible with existing and planned development on adjacent properties and within the neighborhood, and, when more than one (1) use is proposed, with each other;
2. (B)
  Vehicular access to the subject property is appropriate and adequate, given the nature and scope of the proposed use and the type and amount of traffic expected to be generated; and
3. (C)
  Any proposed residential use of the subject property will be buffered in accordance with the Landscape Manual.

(CB-102-1987; CB-1-1989)

Effective on: 1/1/1901

Sec. 27-330.02. Adaptive use of a Historic Site.

(a)

(b)

Use of Historic Sites under the provisions of this Section are limited to:

(1)
One-family, two-family, three-family, or multifamily dwellings; or
(2)
Commercial office or retail trade; and
(3)
The proposed use is not a use prohibited in all zones.

(c)

(d)

All proposals for the adaptive use of a Historic Site shall comply with the standards listed below.

(1)
Lighting.
1. (A)
  Lighting shall be subdued, consistent with the nature of the historic resource, and shall not shine or glare off the premises. Low-intensity seasonal or decorative lighting is permitted.
(2)
Parking and surfacing.
1. (A)
  The design of parking lots shall minimize, to the extent practicable, the impact of the parking needs associated with the proposed adaptive use on the environmental setting and the surrounding neighborhood.
2. (B)
  Where deemed appropriate by the District Council, innovative paving techniques, such as dust-free, pervious surfaces, unusual textures, and configurations that minimize paved surfaces, may be required.

(e)

Upon filing the Special Exception application, the applicant shall submit the following information:

(1)
Evidence of Historic Preservation Commission approval of an established environmental setting for the proposed adaptive use;
(2)
A written justification statement, including:
1. (A)
  The nature and scope of the use proposed;
2. (B)
  The hours of operation; and
3. (C)
  The impact of traffic generated by the proposed use on local roadways, including the type, amount, and distribution of anticipated traffic, as well as the adequacy of proposed access points to the site, existing levels of service on surrounding roadways, and the peak hour service level at the nearest major intersection below the minimum adopted by the Planning Board in the "Guidelines for the Analysis of the Traffic Impact of Development Proposals," as may be amended from time to time;
(3)
In addition to the site plan requirements in Section 27-296(c), the site plan shall show the following:
1. (A)
  A delineation by metes and bounds of the established environmental setting; and
2. (B)
  The topography of the subject property and abutting lots (for a depth of at least fifty (50) feet).

(f)

The applicant shall demonstrate to the satisfaction of the District Council that:

(1)
Any proposed multiple uses within the historic structure are compatible with each other;
(2)
The proposed adaptive use will not change the existing character of the surrounding community by virtue of noise, lighting, unsightliness, parking, signs, traffic, or other impacts; and
(3)
The proposed adaptive use will not adversely affect distinguishing exterior architectural features or important natural features in the established environmental setting.

(CB-58-1987; CB-1-1989)

Effective on: 1/1/1901

Sec. 27-331. Reserved.

Effective on: 1/1/1901

Sec. 27-332. Adult day care center.

(a)

An adult day care center may be permitted, subject to the following:

(1)
The subject property shall be suitable for the type of facility proposed, taking into account the character of surrounding properties and the general neighborhood, and any other uses on the subject property;
(2)
The subject property shall be of sufficient size to accommodate a facility of the scope proposed;
(3)
Vehicular access to the subject property shall be adequate, taking into account the scope of the facility, the type and amount of traffic expected to be generated, and the type, service level, and capacity of the streets along which the subject property has frontage; and
(4)
A statement shall be submitted explaining:
1. (A)
  The policies and goals of the center;
2. (B)
  The characteristics and number of occupants to be served;
3. (C)
  The type of care and activities proposed;
4. (D)
  Operating methods and procedures proposed;
5. (E)
  The type and amount of traffic expected to be generated; and
6. (F)
  Other appropriate aspects of the center's operation.

Effective on: 1/1/1901

Sec. 27-332.01. Agriculture.

(a)

Agricultural uses may be permitted in the V-L and V-M Zones, provided the District Council finds that the proposed use:

(1)
Preserves the agricultural land, open space, scenic vistas, and environmental features of the area;
(2)
Complements the natural characteristic of the area; and
(3)
Does not detract from the Village residents' health, safety, welfare, and enjoyment of the Zone.

(CB-10-1992)

Effective on: 1/1/1901

Sec. 27-333. Airport, airpark, airfield, airstrip, heliport, helistop, private.

(a)

A private airport, airpark, airfield, airstrip, heliport, helistop, or similarly designed area for the landing and taking off of aircraft may be permitted, subject to the following:

(1)
The land area proposed for the use shall be sufficient to meet the Federal Aviation Administration's requirements for the class of facility proposed;
(2)
There are no existing or proposed flight obstructions which are located outside the proposed facility and which fall within the approach zone to any of the proposed runways or landing strips;
(3)
If air rights or easements have been acquired from the owners of adjacent properties in which approach zones fall, satisfactory evidence of them shall be submitted with the application;
(4)
Structures shall be located at least one hundred (100) feet from any boundary line of the subject property; and
(5)
An airstrip or helistop shall contain no terminal, storage, or repair/service facilities.
(6)
An airport applicant shall demonstrate that the airport will not create conflicts on adjacent properties, pursuant to the Aviation Policy Area regulations in PART 10B.

(b)

(CB-51-2002)

Effective on: 1/1/1901

Sec. 27-334. Reserved.

Effective on: 1/1/1901

Sec. 27-335. Amusement park.

(a)

An amusement park may be permitted, subject to the following:

(1)
The subject property shall contain at least twenty-five (25) contiguous acres;
(2)
The applicant shall submit a traffic analysis indicating the anticipated traffic expected to be generated by the project, and its impact upon external streets and the on-site network of driveways. The site shall have frontage on, and direct vehicular access to, a street with sufficient capacity to accommodate the expected traffic. If the street is not yet built, it shall be funded for completion prior to the issuance of any use and occupancy permits. The on-site network of driveways shall be of sufficient capacity to accommodate the traffic generated by the project;
(3)
Any parking lot, or place or structure used for exhibition, educational, entertainment, dining, recreational, or other purposes involving patron assembly, and any maintenance or service building shall be located at least one hundred (100) feet from any boundary line of the subject property, unless the District Council finds that these setbacks are unnecessary due to conditions in the area. If the place or structure is located within two hundred (200) feet of land in a Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan, there shall be no public entrance to it from the side facing the residential land;
(4)
All perimeter areas of the site shall be buffered in accordance with the provisions of the Landscape Manual, and the applicant shall demonstrate that the proposed buffering will provide reasonable sight and sound barriers for all adjacent uses. If the buffers required by the Landscape Manual are determined to be inadequate, additional buffering may be required.
(5)
At least fifty percent (50%) of the site shall be devoted to open space;
(6)
In addition to the requirements of Section 27-296(c), the site plan shall set forth:
1. (A)
  The proposed topography at not more than five (5) foot contour intervals;
2. (B)
  Existing and proposed drainage patterns;
3. (C)
  Existing vegetative cover and other natural features; and
4. (D)
  Provisions for storm water management and erosion and sediment control;
(7)
The applicant shall provide sufficient proof to the District Council that:
1. (A)
  The proposed hours of operation and anticipated noise levels will not be detrimental to the use of adjacent properties; and
2. (B)
  Features will be incorporated to adequately protect adjacent properties against obtrusive elements emanating from the project, such as noise, light, glare, waste, and air or water pollution.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-335.01. Animals, not customarily household pets.

(a)

(1)
The housing and maintenance of animals, not customarily household pets, shall be permitted as an accessory use to apartment housing which is occupied and utilized as a home for the elderly.
(2)
These pets shall be kept and cared for as a form of therapy for the elderly.

(CB-117-1986)

Effective on: 1/1/1901

Sec. 27-336. Antique shop.

(a)

An antique shop may be permitted, subject to the following:

(1)
The proposed use shall not alter the residential character of the neighborhood;
(2)
The District Council shall consider the type of merchandise to be sold and whether the outdoor display of the merchandise is compatible with the surrounding neighborhood. If the outdoor display is determined to be compatible, the District Council may limit the hours of the display and the locations and types of merchandise to be displayed; and
(3)
Any outdoor display of merchandise shall be located at least twenty-five (25) feet from any street line or boundary line of the Special Exception.

Effective on: 1/1/1901

Sec. 27-337. Apartment housing for elderly or physically handicapped families.

(a)

(1)
In addition to the requirements of Section 27-296(c), the site plan shall show the density, and the type and total number of dwelling units proposed;
(2)
The District Council shall find that the subject property is suitable for the type of development proposed, and is of sufficient size to properly accommodate the proposed number of dwelling units;
(3)
Recreational and social amenities for the residents may be provided, if shown on the site plan and approved by the District Council; and
(4)
The height, lot coverage, density, frontage, yard, and green area requirements, including restrictions on the location and height of accessory buildings, as specified for the zone in which the use is proposed, shall not apply to uses or structures provided for in this Section. The dimensions, percentages, and density shown on the approved site plan shall constitute the regulations for development under a given Special Exception.

(b)

Apartment housing and related facilities for elderly or physically handicapped families may be permitted within a building other than a surplus public school building, subject to the following:

(1)
The owner of the property shall record among the Land Records of Prince George's County a Declaration of Covenants which establishes that the premises will be solely occupied by elderly or handicapped families for a fixed term of not less than twenty (20) years. The covenants shall run to the benefit of the Maryland-National Capital Park and Planning Commission;
(2)
In the R-18, R-18C, R-H, and R-10 Zones, the following shall apply:
1. (A)
  The owner shall be a private, nonprofit organization;
2. (B)
  In addition to the requirements of Section 27-296(c), the site plan shall show the density, type, and total number of dwelling units proposed. The minimum net lot area may be reduced and density may exceed that normally permitted in the applicable zone, provided that:
  1. (i)
    The net lot area shall not be less than fifty percent (50%) of the minimum net lot area normally required in the zone; and
  2. (ii)
    The density shall not be greater than twice that normally allowed in the zone;
(3)
In the C-S-C Zone, the following shall apply:
1. (A)
  The subject property shall contain at least two (2) contiguous acres, and shall not contain more than forty-eight (48) dwelling units per acre of net lot area. The density may be increased by one (1) unit per acre for each one thousand (1,000) square feet of indoor space available for common use by the residents for social, recreational, or educational purposes. The indoor space shall be shown on the site plan;
2. (B)
  Not less than fifty percent (50%) of the net lot area shall be devoted to green area; and
3. (C)
  The District Council shall find that existing development and uses in the neighborhood (particularly on adjacent properties) will not adversely affect the proposed development;
(4)
In the R-R, R-80, and R-55 Zones, the following shall apply:
1. (A)
  The requirements of paragraphs (1), (2), (3), and (4) of Subsection (a), above, shall be met;
2. (B)
  The District Council shall find that the proposed use:
  1. (i)
    Will serve the needs of the elderly families or physically handicapped families; and
  2. (ii)
    Will not adversely affect the character of the surrounding residential community. The District Council shall consider the lot size, height of the building, lot coverage of all buildings on the property, setbacks from surrounding properties, street frontage, and sufficiency of green area when determining the proposed development's effect on surrounding residential communities;
(5)
In the R-E Zone, the requirements of paragraphs (1), (2), (3), and (4) of Subsection (a), above, shall be met provided that the subject property is composed of at least fifteen (15) gross contiguous acres of land, improved with a structure used as a church with an enclosed building area of at least 150,000 gross square feet. The following additional requirements shall apply:
1. (A)
  A description of the physical appearance of the proposed building through the use of architectural façade elevations visible from public areas, or through other illustrative drawings, photographs, or renderings, shall be submitted and reviewed;
2. (B)
  Development of uses pursuant to this Subsection shall not be subject to a separate site plan approval in accordance with PART 3, Division 9 of this Subtitle. Instead, the site plan for such proposed development shall be reviewed as part of the special exception application approval; and
3. (C)
  The District Council shall find that the proposed use:
  1. (i)
    Will serve the needs of elderly families or physically handicapped families; and
  2. (ii)
    Will not adversely affect the character of the surrounding residential community. In making such finding, the District Council shall consider lot size, building height, lot coverage of all buildings on the property, setbacks from surrounding properties, street frontage, and sufficiency of green area when determining the proposed development's effect on the surrounding communities.

(c)

(1)
Is expected to be of continued and indefinite duration;
(2)
Substantially impedes the ability to live independently; and
(3)
Is of a nature that the ability could be improved by more suitable housing conditions.

(CB-22-1984; CB-91-1991; CB-44-1992; CB-78-2005; CB-57-2019)

Effective on: 1/1/1901

Sec. 27-337.01. Asphalt mixing plant.

(a)

An asphalt mixing plant (including the mixing of hot asphalt with aggregates, and the storage of materials) may be permitted, subject to the criteria below.

(1)
Mixing plant components and other parts of the operation having the potential for generating adverse impacts (including cold feed systems, drying systems, mixing units, dust collection systems, asphalt circulation systems, asphalt storage tanks, hot mix storage bins, exhaust systems, material stock piles, and truck parking areas) shall be located at least three hundred (300) feet from the boundaries of the subject property adjoining any land in any Residential or Commercial Zone (or land proposed to be used for residential or commercial purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone) and one hundred (100) feet from the boundaries of the subject property adjoining any land in any Industrial Zone (or land proposed to be used for industrial purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone). Other fixed installations (including automobile parking and office uses) shall be located at least one hundred (100) feet from the boundaries of the subject property adjoining any land in any Residential Zone (or land proposed to be used for residential purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone).
(2)
The site plan and information accompanying the application for Special Exception shall be reproducible, or twelve (12) copies shall be submitted. In addition to the requirements of Section 27-296(c), the site plan and accompanying information shall show:
1. (A)
  The components of the mixing plant;
2. (B)
  The daily capacity of the plant;
3. (C)
  The location of all natural material stockpiles;
4. (D)
  The methods of disposing of waste materials;
5. (E)
  The internal traffic circulation system;
6. (F)
  The parking and storage areas for all vehicles and equipment; and
7. (G)
  The identification of the trucks and heavy equipment to be used in the plant operation.
(3)
At least thirty (30) calendar days prior to the hearing before the Zoning Hearing Examiner, the applicant shall file a traffic analysis with the Zoning Hearing Examiner for inclusion with the original application, and send a copy to the Planning Board. The traffic analysis shall include the volume of traffic expected to be generated by the operation and shall identify the streets to be used between the site and the nearest other street (to be used) that has a minimum paved width of twenty-four (24) feet for the predominant length of the street.
(4)
Driveways for ingress and egress shall be identified on the site plan, and shall be located so as to not endanger pedestrians or create traffic hazards. The applicant shall identify the dust-control measures to be used on the driveways and the interior traffic circulation system. Any ingress or egress driveway shall have a minimum width of twenty-two (22) feet, and shall be paved for a distance of at least two hundred (200) feet from the boundary line of the Special Exception.
(5)
All operations on site, including outdoor storage of machinery and equipment, shall be screened from any adjoining land or street in accordance with the provisions of the Landscape Manual.
(6)
All applications for Special Exception shall be accompanied by the following:
1. (A)
  A stormwater concept plan approved pursuant to Section 4-332 of this Code;
2. (B)
  A preliminary noise assessment;
3. (C)
  A preliminary air pollution assessment;
4. (D)
  A horizontal profile illustrating all structures and stockpiles; and
5. (E)
  A grading plan that illustrates existing and proposed topography.

(b)

(c)

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)
No new asphalt mixing plant may be located in the R-C-O.
(2)
On land which is located within the Chesapeake Bay Critical Area Overlay Zone, no new asphalt mixing plant shall be approved, and no such operation presently in existence or previously approved shall be permitted to continue or commence where any of the following circumstances are present:
1. (A)
  Habitat Protection Areas have been or may be designated on the subject property, in accordance with criteria set forth in Subtitle 5B;
2. (B)
  The use is located within the Buffer;
3. (C)
  The use would result in the substantial loss of long-range (twenty-five (25) years or more) productivity of forest and agriculture, or would result in a degrading of water quality; or
4. (D)
  The subject property contains highly erodible soils.

(CB-45-1986; CB-72-1987; CB-1-1989; CB-76-2010; CB-29-2014)

Effective on: 1/1/1901

Sec. 27-338. Boardinghouse or rooming house.

(a)

A boardinghouse or rooming house may be permitted in a one-family dwelling, subject to the following:

(1)
The Special Exception shall be valid for a period of three (3) years. This period may be renewed if the Council finds that the use will not constitute a nuisance because of pedestrian or vehicular traffic, noise, or the type of physical activity involved.

Effective on: 1/1/1901

Sec. 27-339. Bus maintenance at a private school or church.

(a)

The maintenance, repair, or service of buses parked or stored on the same lot as a private school or church may be permitted, subject to the following:

(1)
The use shall be considered as accessory to the principal use;
(2)
The use may involve facilities for dispensing gasoline into the buses;
(3)
The use shall be screened and buffered pursuant to the provisions of the Landscape Manual;
(4)
Adequate security measures shall be provided in order to prevent unauthorized entry into the area of the use; and
(5)
Evidence from the County Fire Department shall be submitted by the applicant showing that any proposed facilities for dispensing or storing gasoline will meet fire and safety code requirements.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-340. Cement manufacturing.

(a)

Cement manufacturing may be permitted, subject to the following:

(1)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation;
2. (B)
  The pollution and dust control measures to be taken; and
3. (C)
  The compatibility of the use with the surrounding area.

Effective on: 1/1/1901

Sec. 27-341. Cemetery or crematory.

Effective on: 1/1/1901

Sec. 27-341.01. Check Cashing Business.

(a)

A check cashing business may be permitted, subject to the following:

(1)
Hours of operation shall be limited to the hours of 9:00 a.m. to 8:00 p.m.,
(2)
A schedule of fees/charges shall be posted and immediately visible to persons upon entering the Check Cashing Business. A copy of the fee schedule shall also be made available to all persons upon entrance to the Check Cashing Business;
(3)
No other business shall share floor space with the Check Cashing Business;
(4)
Security lighting and cameras shall be provided on all open sides of the Check Cashing facility providing surveillance of the area within 100 feet from the exterior of the building;
(5)
At least one (1) security employee (with no other duties) must be on the premises when the Check Cashing Business is open for business; and
(6)
Cashiers must work behind bullet resistant glass.

(CB-23-2009)

Effective on: 1/1/1901

Sec. 27-341.02. Church or similar place of worship.

(a)

A church or similar place of worship may be permitted, subject to the following:

(1)
The minimum setback for all buildings shall be twenty-five (25) feet from each lot line;
(2)
When possible, ingress and egress should be located so as to direct traffic away from streets that are internal to a residential subdivision;
(3)
The applicant shall satisfactorily demonstrate that parking and traffic will not adversely affect adjacent residential neighborhoods;
(4)
When possible, there should be no parking spaces or loading areas located in the front yard; and
(5)
The maximum allowable lot coverage for the zone in which the use is proposed shall not be increased.

(CB-23-1993; CB-23-2009)

Effective on: 1/1/1901

Sec. 27-342. Commercial recreational attraction.

(a)

Purpose of Section.

(1)
To promote the health, safety, and welfare of the citizens of Prince George's County by providing standards under which major projects dedicated to entertainment, amusement, recreation, culture, education, and history may be developed;
(2)
To promote tourism within Prince George's County, the State of Maryland, and the Washington Metropolitan Area;
(3)
To encourage high quality entertainment facilities to be provided in Prince George's County;
(4)
To afford reasonable flexibility in the design of these projects;
(5)
To assure that these attractions will be located in areas with adequate street access;
(6)
To assure that these projects will be compatible with surrounding areas through the effective use of development controls, such as screening, landscaping, open spaces, and the staging of development;
(7)
To assure that the projects are developed in an orderly and attractive manner;
(8)
To assure that public facilities are adequate to service the projects; and
(9)
To avoid scattered and unbalanced development of commercial recreational attractions at less desirable locations and without adequate controls.

(b)

Commercial recreational attractions may be permitted, subject to the following criteria:

(1)
Standards.
1. (A)
  The subject property shall have an area of at least two hundred fifty (250) contiguous acres. Notwithstanding the above, as long as there are one hundred (100) contiguous acres remaining under an approved Special Exception, the use may continue to operate pursuant to the approved Special Exception regardless of the ownership or zoning of the property. For the purpose of this Section, land separated by any rights-of-way or easements shall be considered contiguous;
2. (B)
  The property shall have frontage on, and direct vehicular access to, a street with sufficient capacity to accommodate the traffic generated by the project. If the street is one which is not yet built, the street must be funded for completion prior to the issuance of a use and occupancy permit. The applicant shall submit a traffic analysis indicating the anticipated traffic volume expected to be generated by the project, and the impact of the traffic upon external streets and the on-site network of driveways;
3. (C)
  Any place or structure used for exhibition, education, entertainment, dining, recreation, or other purpose involving patron assembly, and any maintenance or service building shall be located at least one hundred (100) feet from adjoining land in any Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan, fifty (50) feet from adjoining land in any other zone, and twenty-five (25) feet from any abutting street, unless the District Council finds that, due to conditions in the area, these setbacks are unnecessary and the buffer yard requirement in the Landscape Manual would be sufficient. If the structure or place is located within two hundred (200) feet of land in any Residential Zone, or land proposed to be used for residential purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone, there shall be no public entrance to it from the side facing the residential land. Notwithstanding the above, when a portion of a property subject to the Special Exception site plan (either conceptual or detailed site plan) is rezoned to any residential zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan, any improvement, use, or structure already constructed or shown on the site plan (either conceptual or detailed site plan) may continue in operation or be constructed as shown on the site plan;
4. (D)
  Areas reserved for the display of animals in their natural or similar environment shall be enclosed by two (2) fences. The innermost fence shall be located at least thirty (30) feet from adjoining land in a Residential Zone, or land proposed to be used for residential purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone;
5. (E)
  All perimeter areas shall be landscaped and buffered in accordance with the provisions of the Landscape Manual. The applicant shall demonstrate that the proposed perimeter buffering will provide a reasonable sound barrier for all adjacent uses. If the buffer required by the Landscape Manual is determined to be inadequate, additional buffering may be required.
6. (F)
  At least fifty percent (50%) of the site shall be devoted to open space; and
7. (G)
  The regulations restricting the height and lot coverage of buildings and structures, and the location and height of accessory buildings (specified in the zone in which the commercial recreational attraction is to be located), shall not apply to uses or structures provided for in this Section. The dimensions and percentages shown on the approved site plan shall constitute the regulations for development under a given Special Exception.
(2)
Parking.
1. (A)
  The number of parking spaces required shall be determined by the District Council and shall be based upon the uses shown on the proposed site plan. All of the parking spaces required shall be located entirely on the site. The number of spaces provided may be modified by the Council as more experience with a particular project is gained; and
2. (B)
  Any off-street parking area shall be located at least one hundred (100) feet from any adjoining land in a Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan, and at least twenty-five (25) feet from any other adjoining land or street. Notwithstanding the above, when a portion of a property subject to the Special Exception site plan (either conceptual or detailed site plan) is rezoned to any residential zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C zone, or any approved Conceptual or Detailed Site Plan, any off-street parking area already constructed or shown on the site plan (either conceptual or detailed site plan) may continue or be constructed as shown on the site plan.
(3)
Signs.
1. (A)
  Notwithstanding the provisions of PART 12, one (1) sign, which may be freestanding, may be located at each entrance to the project in order to identify the facility. The sign shall:
  1. (i)
    Be not more than fifty (50) feet high (measured from the ground to the top of the sign);
  2. (ii)
    Not have moving parts, or flashing or other intermittent illumination;
  3. (iii)
    Not shine, reflect, or glare upon any adjacent residential property or into the path of any motor vehicle; and
  4. (iv)
    Be located at least twenty-five (25) feet from the street line;
2. (B)
  Notwithstanding the provisions of PART 12, the District Council may disapprove any sign visible from off the subject property which it finds will be detrimental to the use or development of adjoining properties or the general neighborhood. Signs not visible from off the subject property shall be permitted without restrictions, except for those restrictions on identification signs provided for above.
(4)
Uses.
1. (A)
  The District Council may permit any of the following uses:
  1. (i)
    Entertainment facilities;
  2. (ii)
    Theaters (excluding drive-in theaters), amphitheaters, and band shells;
  3. (iii)
    Music playing, entertainment, and dancing;
  4. (iv)
    The housing, care, or exhibition of wild and domestic animals, birds, reptiles, and other forms of wildlife;
  5. (v)
    Amusement rides;
  6. (vi)
    Theme areas;
  7. (vii)
    Playgrounds and picnic areas;
  8. (viii)
    Historic, fictional, or other dramatizations;
  9. (ix)
    Simulated natural phenomena, such as volcanoes, caves, mountains, and waterfalls;
  10. (x)
    Simulated towns and villages;
  11. (xi)
    Participatory land and water activities such as swimming or other immersion in water;
  12. (xii)
    Seasonal activities, such as tennis, golf, ice skating, tobogganing, bobsledding, and skiing;
  13. (xiii)
    Amusement arcades and fun houses;
  14. (xiv)
    Transportation facilities, including those facilities used for viewing or amusement;
  15. (xv)
    Man-made rivers, streams, ponds, pools, lakes, and bridges;
  16. (xvi)
    Retail stores or demonstration of arts and crafts;
  17. (xvii)
    Eating and drinking establishments;
  18. (xviii)
    Banks and ticket booths;
  19. (xix)
    Rest rooms and buildings used for fire protection, security, maintenance, storage, and administration;
  20. (xx)
    Medical treatment facilities;
  21. (xxi)
    Art galleries and artisan areas;
  22. (xxii)
    One (1) gas station solely for the accommodation of patrons and workers on the site, provided that it is not visible from off of the site;
  23. (xxiii)
    Hotels, motels, and recreational campgrounds (subject to the requirements of Section 27-400), except Subsection (a)(6);
  24. (xxiv)
    Facilities for business meetings, conferences, and conventions; and
  25. (xxv)
    Other uses which are similar to any of the above, or any other use compatible with the provisions and purposes of this Section.
2. (B)
  The following uses are prohibited:
  1. (i)
    Recreational or entertainment establishments such as baseball, basketball, ice hockey, lacrosse, football, soccer, or boxing stadiums or arenas, racetracks, drag strips, or drive-in theaters; and
  2. (ii)
    Uses which would adversely affect the health or safety of residents or workers in the area, or be detrimental to the use or development of adjacent properties or the neighborhood in general.
3. (C)
  For the purposes of this Section, a "theme area" is defined as a group of varied, but interrelated, uses with a common theme.
(5)
Times of operation.
1. (A)
  Commercial recreational attractions may remain open for such periods during the year as are economically feasible. The ability to continue the use shall not be jeopardized by seasonal closings or closings for repair or renovation, provided the closing does not exceed a period of three (3) consecutive years. A project shall be deemed open when it is serving the general public.
(6)
Site plan and other submission requirements.
1. (A)
  The site plan submitted with the application shall contain the following information (in lieu of what is required by Section 27-296(c)):
  1. (i)
    A general description of the project and the proposed use;
  2. (ii)
    The existing and proposed traffic circulation system; and
  3. (iii)
    The general location, size, and height of all buildings and structures, including rides and animal enclosures, signs, and lighting.
2. (B)
  The applicant shall provide sufficient proof to the District Council that:
  1. (i)
    The proposed hours of operation and anticipated noise levels will not be detrimental to the use of adjacent properties; and
  2. (ii)
    Features will be incorporated to adequately protect adjacent properties against obtrusive elements which may emanate from the project.
3. (C)
  The District Council may require additional data or plans to assist it in evaluating the application.
(7)
Criteria for approval.
1. (A)
  In addition to other criteria for approval of Special Exceptions, the Council shall be guided by how well the proposed project meets the purposes of this Section.
(8)
Addition of land.
1. (A)
  After the approval of a Special Exception, any addition of land to the commercial recreational attraction shall be the subject of a new Special Exception application. The site plan accompanying the new application shall fully demonstrate the relationship of development shown on both the new and originally approved site plans. The additional land shall be contiguous to an approved commercial recreational attraction, and may be less than two hundred fifty (250) acres.
(9)
Amendment of site plan.
1. (A)
  Notwithstanding other provisions of this Part concerning the revision of site plans, requests to amend a site plan (formerly a concept plan for a commercial recreational attraction) shall only be approved by the District Council, and in accordance with this Subsection. Situations occurring as described in Sections 27-319(f) and 27-320(a)(3) of this Subtitle do not require an amendment of a previously approved site plan.
2. (B)
  Requests to amend the approved site plan shall be filed concurrently with the Clerk of the Council and the office of the Planning Board. After receipt of the request by the Clerk, the Office of the Zoning Hearing Examiner shall schedule a public hearing, which shall occur not less than sixty (60), nor more than one hundred twenty (120), days after receipt of the request. The request shall be reviewed by the Technical Staff, taking into consideration the requirements of this Subtitle. The Technical Staff shall submit its recommendations to the Zoning Hearing Examiner at least two (2) working days before the date of the public hearing. The public hearing shall be conducted by the Zoning Hearing Examiner, at which time the applicant, Planning Board, Technical Staff, and members of the public may comment on the proposed amendments. The hearing shall be conducted in accordance with Section 27-129. The property shall be posted with a sign in the same manner as required for original applications. After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council.
3. (C)
  Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
4. (D)
  If the District Council determines that the amendments are in accordance with the purposes and standards of this Section and the requirements of Section 27-317, it may approve the amended site plan. The approved amended site plan shall become the official site plan, as if it had been approved as a part of the original application for a Special Exception.
(10)
Detailed Site Plan.
1. (A)
  A Detailed Site Plan (or an amendment thereof) shall be submitted to, and approved by, the Planning Board (or its designee), in accordance with PART 3, Division 9, Subdivisions 1 and 3. For the purpose of this review, the site plan approved by the Council shall be considered the Conceptual Site Plan.
(11)
Special Exceptions granted by the District Council for commercial recreational attractions prior to July 1, 1975, shall be considered conforming uses in the same manner as if approved by the District Council in accordance with the provisions of this Section. Any plan of development (now called a site plan), which was approved prior to October 1, 1981, for development pursuant to an approved Special Exception for a commercial recreational attraction shall also fulfill the requirements of this Section for approval of a site plan (formerly concept plan).

(CB-1-1989; CB-20-1991; CB-40-1991; CB-115-1991; CB-56-1993; CB-1-2004)

Effective on: 1/1/1901

Sec. 27-343. Commercial recreational facilities (privately owned) on land leased from a public agency.

(a)

Privately owned recreational facilities, operating on a commercial basis on land leased from a public agency, may be permitted, subject to the following:

(1)
No building or other structure shall be located within fifty (50) feet of any abutting lot or street line;
(2)
The District Council may require additional setbacks, landscaping, screening, or other conditions it deems reasonable in order to protect adjacent properties or for public safety; and
(3)
Prior to consideration by the District Council, the site plan shall be referred to, and approved by, the public agency which owns the subject property.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-343.01. Reserved.

Effective on: 1/1/1901

Sec. 27-343.02. Concrete batching or mixing plant.

(a)

(1)
Mixing plant components and other parts of the operation having the potential for generating adverse impacts (including conveying systems, concrete mixers, weighing hoppers, batching equipment, aggregate bins, truck mixing areas, truck wash-out facilities, and truck parking areas) shall be located at least three hundred (300) feet from the boundary lines of the subject property adjoining any land in any Residential or Commercial Zone (or land proposed to be used for residential or commercial purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone), and one hundred (100) feet from the boundaries of the subject property adjoining any land in any Industrial Zone (or land proposed to be used for industrial purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone). Other fixed installations (including automobile parking, settling ponds, and office uses) shall be located at least one hundred (100) feet from the boundaries of the subject property adjoining any land in any Residential Zone (or land proposed to be used for residential purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone).
(2)
The site plan and information accompanying the application for Special Exception shall be reproducible, or twelve (12) copies shall be submitted. In addition to the requirements of Section 27-296(c), the site plan and accompanying information shall show:
1. (A)
  The components of the mixing plant;
2. (B)
  The daily capacity of the plant;
3. (C)
  The location of all natural material stockpiles;
4. (D)
  The settling ponds, if any;
5. (E)
  The source of water to be used in the operation;
6. (F)
  Truck wash-out facilities, if any;
7. (G)
  The methods of disposing of waste materials;
8. (H)
  The internal traffic circulation system;
9. (I)
  The truck mixing areas;
10. (J)
  The parking and storage areas for all vehicles and equipment; and
11. (K)
  The identification of the trucks and heavy equipment to be used in the plant operation.
(3)
At least thirty (30) calendar days prior to the hearing before the Zoning Hearing Examiner, the applicant shall file a traffic analysis with the Zoning Hearing Examiner for inclusion with the original application, and send a copy to the Planning Board. The traffic analysis shall include the volume of traffic expected to be generated by the operation and shall identify the streets to be used between the site and the nearest other street (to be used) that has a minimum paved width of twenty-four (24) feet for its predominant length.
(4)
Driveways for ingress and egress shall be identified on the site plan, and shall be located so as to not endanger pedestrians or create traffic hazards. The applicant shall identify the dust-control measures to be used on the driveways and the interior traffic circulation system. Any ingress or egress driveway shall have a minimum width of twenty-two (22) feet, and shall be paved for a distance of at least two hundred (200) feet from the boundary line of the Special Exception.
(5)
In addition to the requirements of Section 27-296(c), all applications shall be accompanied by the following:
1. (A)
  A stormwater concept plan approved pursuant to Section 4-322 of this Code;
2. (B)
  A preliminary noise assessment;
3. (C)
  A horizontal profile illustrating all structures and stockpiles; and
4. (D)
  A grading plan that illustrates existing and proposed topography.

(b)

(c)

On land which is located within a Chesapeake Bay Critical Area Overlay Zone, development is subject to Subtitle 5B. No new concrete batching or mixing plant may be located in the R-C-O.

(CB-45-1986; CB-72-1972; CB-1-1989; CB-76-2010; CB-29-2014)

Effective on: 1/1/1901

Sec. 27-343.03. Concrete recycling facility.

(a)

A concrete recycling facility may be permitted, subject to the criteria below.

(1)
Concrete recycling facility components and other parts of the operation having the potential for generating adverse noise, dust, or vibration impacts shall be located at least three hundred (300) feet from the boundary lines of the subject property adjoining any land in any Residential or Commercial Zone (or land proposed to be used for residential or commercial purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone), and one hundred (100) feet from the boundaries of the subject property adjoining any land in any Industrial Zone (or land proposed to be used for industrial purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone). Other fixed installations (including automobile parking, settling ponds, and office uses) shall be located at least one hundred (100) feet from the boundaries of the subject property adjoining any land in any Residential Zone (or land proposed to be used for residential purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone).
(2)
The site plan and information accompanying the application for Special Exception shall be reproducible, or twelve (12) copies shall be submitted. In addition to the requirements of Section 27-296 (c), the site plan and accompanying information shall show:
1. (A)
  The components of the concrete recycling facility;
2. (B)
  The daily capacity of the facility;
3. (C)
  The location of all material stockpiles;
4. (D)
  The settling ponds, if any;
5. (E)
  The source of water to be used in the operation;
6. (F)
  Truck wash-out facilities, if any;
7. (G)
  The methods of disposing of waste materials;
8. (H)
  The internal traffic circulation system;
9. (I)
  The parking and storage areas for all vehicles and equipment; and
10. (J)
  The identification of the trucks and heavy equipment to be used in the facility operation.
(3)
Driveways for ingress and egress shall be identified on the site plan, and shall be located so as to not endanger pedestrians or create traffic hazards. The applicant shall identify the dust-control measures to be used on the driveways and the interior traffic circulation system. Any ingress or egress driveway shall have a minimum width of twenty-two (22) feet, and shall be paved for a distance of at least two hundred (200) feet from the boundary line of the Special Exception.
(4)
In addition to the requirements of Section 27-296 (c), all applications shall be accompanied by the following:
1. (A)
  A stormwater concept plan approved pursuant to Section 4-322 of this Code;
2. (B)
  A preliminary noise assessment;
3. (C)
  A horizontal profile illustrating all structures and stockpiles; and
4. (D)
  A grading plan that illustrates existing and proposed topography.
5. (E)
  A traffic analysis which includes the volume of traffic expected to be generated by the operation and identifies the streets to be used between the site and the nearest other street (to be used) that has a minimum paved width of twenty-four (24) feet for its predominant length.

(b)

(c)

(1)
Habitat protection areas have been or may be designated on the subject property, in accordance with criteria set forth in Subtitle 5B;
(2)
The use is located within the Buffer, as defined in Subtitle 5B;
(3)
The use would result in the substantial loss of long-range (twenty-five (25) years or more) productivity of forest and agriculture, or would result in a degrading of water quality; or
(4)
The subject property contains highly erodible soils.

(CB-78-2004; CB-76-2010; CB-29-2014)

Effective on: 1/1/1901

Sec. 27-344. Congregate living facility.

(a)

A congregate living facility for more than eight (8) elderly or physically handicapped residents, as defined by Section 12-168(a) of this Code, may be permitted, subject to the following:

(1)
There is a demonstrated need for the facility;
(2)
The facility is in compliance with the physical requirements of Subtitle 12, Division 7, of this Code, and shall be operated in accordance with the licensing and other requirements of that Subtitle; and
(3)
There shall be a separate bedroom of a minimum of one hundred (100) square feet for each resident, or a separate bedroom of a minimum of one hundred and sixty (160) square feet for every two residents, or any combination of the above, so as to satisfy the accommodations requirements of the "Regulations for Congregate Living Facilities" (required by Section 12-173(d) of this Code), for the maximum number of permitted residents.

(CB-90-1985)

Effective on: 1/1/1901

Sec. 27-344.01. Consolidated storage.

(a)

Consolidated storage may be permitted, subject to the following:

(1)
The application shall be accompanied by:
1. (A)
  An impact statement explaining:
  1. (i)
    The nature and scope of the operation; and
  2. (ii)
    The type and amount of traffic expected to be generated;
2. (B)
  A description (graphic and narrative) of the proposed architectural façade of the building.
(2)
The subject property shall have frontage on, and direct vehicular access to, an existing street with sufficient capacity to accommodate the type and amount of traffic expected to be generated by the use;
(3)
The use shall be appropriate, given the nature of development in the neighborhood; and
(4)
The District Council shall find that:
1. (A)
  There is a need for the public in the surrounding area;
(5)
The exterior and architectural façade of the building shall be compatible with the prevailing architecture and appearance of other development in the surrounding neighborhood;
(6)
Beginning June 23, 1988, no entrances to individual consolidated storage units shall be visible from a street or from adjoining land in any Residential or Commercial Zone (or land proposed to be used for residential or commercial purposes on an approved Basic Plan for a Comprehensive Design Zone, or any approved Conceptual or Detailed Site Plan);
(7)
Entrances to individual consolidated storage units shall be either oriented toward the interior of the development or completely screened from view by a solid wall, with landscaping along the outside thereof; and
(8)
Consolidated storage for which special exceptions were approved prior to the date reflected in paragraph 6, above, need not meet the provisions set forth in paragraphs 6 and 7, above.

(b)

In addition to what is required by Section 27-296(c)(1)(B), the site plan shall show the topography of the subject lot and abutting lots (for a depth of at least fifty (50) feet).

(CB-1-1989; CB-45-1999)

Effective on: 1/1/1901

Sec. 27-345. Container fabrication.

(a)

The fabrication of containers may be permitted, subject to the following:

(1)
All operations shall be located within a wholly enclosed building; and
(2)
There shall be no outdoor storage of either materials or finished products.

Effective on: 1/1/1901

Sec. 27-346. Reserved.

Effective on: 1/1/1901

Sec. 27-347. Conversion of one-family detached dwelling.

The conversion of a one-family detached dwelling to include a maximum of two (2) additional dwelling units in the same building may be permitted.

Effective on: 1/1/1901

Sec. 27-348. Country inn.

(a)

A privately operated country inn may be permitted, subject to the following:

(1)
The application shall indicate the type of inn proposed (lodging, food service, or both), and shall be accompanied by a description (either graphic or narrative) of the proposed architectural design of the inn;
(2)
Each proposed accessory use shall be identified, and the maximum square footage to be allocated to each use shall be indicated on the site plan submitted with the application. Accessory uses shall be limited to the following:
1. (A)
  Antique shop;
2. (B)
  Gift, Christmas, book, candle, and similar specialty shops;
3. (C)
  Bakery;
4. (D)
  Arts and crafts demonstrations and exhibits, including the sale of products;
5. (E)
  Sale of packaged or canned food products special to the establishment;
6. (F)
  Museums and cultural exhibits;
7. (G)
  Recreational uses for the sole use of overnight guests (for which no additional parking facilities shall be required); and
8. (H)
  Any other similar uses;
(3)
The subject property shall have frontage on, and direct vehicular access to, an existing street with sufficient capacity to accommodate any traffic generated by the inn;
(4)
In the case of publicly owned land, the application shall be accompanied by written evidence indicating approval of the submitted site plan by the public agency which owns the subject property; and
(5)
The District Council shall find that:
1. (A)
  The subject property is of sufficient size to accommodate development of a country inn of the type and scope proposed;
2. (B)
  The environmental setting of the subject property is appropriate for the development of a country inn; and
3. (C)
  The proposed building has historical, cultural, or architectural significance, or the appearance thereof.

Effective on: 1/1/1901

Sec. 27-348.01. Day care center for children.

(a)

A day care center for children may be permitted, subject to the following:

(1)
The District Council may specify the maximum number of children to be enrolled, which may not be increased by State or local health, education, or fire regulations;
(2)
An ample outdoor play or activity area shall be provided, in accordance with the following:
1. (A)
  All outdoor play areas shall have at least seventy-five (75) square feet of play space per child for fifty percent (50%) of the licensed capacity or seventy-five (75) square feet per child for the total number of children to use the play area at one (1) time, whichever is greater;
2. (B)
  All outdoor play areas shall be located at least twenty-five (25) feet from any dwelling on an adjoining lot, and shall be enclosed by a substantial wall or fence at least four (4) feet in height;
3. (C)
  A greater set back from adjacent properties or uses or a higher fence may be required by the District Council if it determines that it is needed to protect the health and safety of the children utilizing the play area;
4. (D)
  Any off-premises outdoor play or activity area shall be located in proximity to the day care center, and shall be safely accessible without crossing (at grade) any hazardous area, such as a street or driveway;
5. (E)
  The play area shall contain sufficient shade during the warmer months to afford protection from the sun;
6. (F)
  Sufficient lighting shall be provided on the play area if it is used before or after daylight hours to insure safe operation of the area; and
7. (G)
  Outdoor play shall be limited to the hours between 7 A.M. and 9 P.M.;
(3)
In the C-W, C-M, I-1, I-2, and I-4 Zones, a Special Exception for a day care center for children shall be allowed only if the Council finds that existing development and uses in the neighborhood (particularly on adjacent properties) will not adversely affect the proposed use.

(b)

In addition to the requirements of Section 27-296(c), the site plan shall show:

(1)
The proposed enrollment;
(2)
The location and use of all buildings located on adjoining lots; and
(3)
The location and size of outdoor play or activity areas.

(c)

(d)

For the purposes of this Section, enrollment shall mean the largest number of children enrolled in the center in any one (1) session.

(CB-23-1988; CB-98-1988; CB-1-1989)

Effective on: 1/1/1901

Sec. 27-348.02. Department or Variety Stores, Department or Variety Stores Combined With Food and Beverage Stores.

(a)

(1)
The site shall have frontage on and direct vehicular access to an existing arterial roadway, with no access to primary or secondary streets.
(2)
The applicant shall demonstrate that local streets surrounding the site are adequate to accommodate the anticipated increase in traffic.
(3)
The site shall contain pedestrian walkways within the parking lot to promote safety.
(4)
The design of the parking and loading facilities shall ensure that commercial and customer traffic will be sufficiently separated and shall provide a separate customer loading area at the front of the store.
(5)
All buildings, structures, off-street parking compounds, and loading areas shall be located at least:
1. (A)
  One hundred (100) feet from any adjoining land in a Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan; and
2. (B)
  Fifty (50) feet from all other adjoining property lines and street lines.
(6)
All perimeter areas of the site shall be buffered or screened, as required by the Landscape Manual; however, the Council may require additional buffering and screening if deemed necessary to protect surrounding properties.
(7)
The building entrance and nearby sidewalks shall be enhanced with a combination of special paving, landscaping, raised planters, benches and special light fixtures.
(8)
The application shall include a comprehensive sign package and a comprehensive exterior lighting plan.
(9)
The applicant shall use exterior architectural features to enhance the site's architectural compatibility with surrounding commercial and residential areas.
(10)
Not less than thirty percent (30%) of the site shall be devoted to green area.

(CB-2-2002; CB-13-2012; CB-64-2012)

Effective on: 1/1/1901

Sec. 27-348.03. Barber Shops.

(a)

A barber shop may be permitted, subject to the following:

(1)
The applicant/barber shop owner must reside on and own the subject property;
(2)
The barber shop use must be accessory to the primary use of the subject property as a single family residence, and must located in a structure which is physically attached to the residence. Additional accessory uses, including but not limited to retail sales of hair and skin products, manicure and pedicure services are prohibited.
(3)
The structure containing the use shall be located at least fifty feet from any dwelling on an adjoining lot;
(4)
Parking shall be provided on the subject site (no parking shall be allowed within the public right of way) at the rate of two (2) spaces for each barber chair and shall be setback at least ten (10) feet from any public right of way and lot line of the subject property and shall be buffered and screened from any adjoining residences not owned by the applicant;
(5)
The applicant/barber shop owner shall pay the appropriate fee to the Department of Public Works and Transportation (DPW&T) for the posting of "No Parking Anytime" signs on all adjoining streets in accordance with DPW&T standards;
(6)
Hours of operation shall be limited to the hours of 9:00 a.m. to 9:00 p.m., Monday through Friday; 7:00 a.m. to 6:00 p.m. Saturday and 10:00 a.m. to 3:00 p.m. on Sunday;
(7)
The use may be identified by an unilluminated sign, not exceeding eight (8) square feet in size attached to the accessory structure; and
(8)
The barber shop use may contain a maximum of three (3) barber chairs and three (3) shampoo bowls.

(b)

In addition to the requirements of Section 27-296(c), the site plan shall show:

(1)
The location of the primary residence and attached accessory structure on the subject property;
(2)
The location and use of all buildings on adjoining lots; and
(3)
The location of and buffering and screening of the required parking area.

(CB-81-2008)

Effective on: 1/1/1901

Sec. 27-349. Distillery for production of fuel alcohol.

(a)

A distillery for the production (and incidental bulk storage) of fuel alcohol may be permitted, subject to the following:

(1)
If the use is not operated in strict compliance with all Federal, State, and local laws and regulations applicable to the use, the Director of the Department of Permitting, Inspections, and Enforcement may immediately suspend the use and occupancy permit. The District Council may revoke the Special Exception upon petition by the Director in accordance with Section 27-328 of this Subtitle;
(2)
The subject property shall have frontage on, and direct vehicular access to, an existing street with sufficient capacity to accommodate the type and amount of traffic generated by the requested use. Vehicular access shall not be by means of streets internal to subdivisions for one-family dwellings;
(3)
In the O-S and R-A Zones, the subject property shall contain at least eighty (80) contiguous acres. All buildings, storage areas, and parking areas for the distillery shall be located at least two hundred (200) feet from all boundary lines of the subject property. The building height limit shall be as shown on the approved site plan, in lieu of that specified for the zone in which the use is located;
(4)
In the I-1 Zone, the subject property shall contain at least twenty-five (25) contiguous acres, and all buildings, storage areas, and parking areas for the distillery shall be located at least one hundred (100) feet from all boundary lines of the subject property;
(5)
All operations (except for permitted outdoor storage) shall be located in a wholly enclosed building;
(6)
The release, disposal, or storage of waste materials shall not be visible from off-site;
(7)
There shall be no outdoor storage of the finished product. Bulk storage of the finished product in a wholly enclosed building shall be considered an accessory use;
(8)
Raw materials, waste products, and other byproducts associated with the process shall be identified by the applicant prior to approval. Outdoor storage of raw materials, waste products, and other byproducts may be permitted. The outdoor storage area shall be buffered or screened in accordance with the provisions of the Landscape Manual;
(9)
An impact statement shall be submitted explaining:
1. (A)
  The proposed architectural design (graphic or narrative) of all buildings and structures;
2. (B)
  The scope of the operation;
3. (C)
  The proposed hours of operation;
4. (D)
  The provisions to be made for the control of noxious and offensive odors;
5. (E)
  The air pollution, water quality, and noise control measures to be taken;
6. (F)
  The type and amount of traffic expected to be generated; and
7. (G)
  The compatibility of the use with the surrounding area.
(10)
The District Council shall find that:
1. (A)
  The subject property is of sufficient size to accommodate development of the type and scope proposed;
2. (B)
  The location of the subject property is appropriate, given the nature of development and uses on adjoining properties and in the general neighborhood; and
3. (C)
  The facility will be designed and operated to blend harmoniously with the site, itself, and the surrounding area, taking into account architectural features, hours of operation, screening, and the orientation of the facility on the site.

(CB-50-1984; CB-33-1985; CB-1-1989; CB-29-2014)

Effective on: 1/1/1901

Sec. 27-350. Reserved.

Effective on: 1/1/1901

Sec. 27-350.01. Drug store.

(a)

A drug store may be permitted, subject to the following:

(1)
The applicant shall show a reasonable need for the use in the neighborhood.
(2)
The size and location of, and access to, the establishment shall be oriented toward meeting the needs of the neighborhood.
(3)
The proposed use shall not unduly restrict the availability of land or upset the balance of land use; and
(4)
In the I-1 and I-2 Zones, the proposed use shall be located in an area which is or will be developed with a concentration of industrial or office uses.

(CB-91-1986)

Effective on: 1/1/1901

Sec. 27-351. Dwelling units within building containing commercial uses.

(a)

Dwelling units may be permitted within a building containing commercial uses, subject to the following:

(1)
The building shall contain at least four (4) stories;
(2)
All dwellings shall be located above the third story of the building. No basement shall be considered a "story" for the purpose of this Section;
(3)
For the purpose of this Section, all dwellings shall be considered multifamily;
(4)
Where the use is proposed to be located within an existing commercial building by increasing the height of the building, the building line and setback requirements of Section 27-462 shall not apply. The dimensions for building lines and setbacks shown on the approved site plan shall constitute the regulations for development under a given Special Exception;
(5)
The site plan shall show the type, location, and extent of commercial uses within the building, and the total number of proposed dwelling units;
(6)
The total number of dwelling units shall be specifically approved;
(7)
The applicant shall demonstrate that:
1. (A)
  There is a compatible and functional interrelationship between the commercial, residential, and off-street parking components, taking into account the physical locations of the components relative to each other and the access to each; and
2. (B)
  The proposed development will not create, or substantially contribute to, traffic problems in the area; and
(8)
The District Council shall find that:
1. (A)
  The location of the subject property is suitable for the type and scope of development proposed, taking into account such factors as the existing urbanization of the neighborhood, traffic, and the character of surrounding properties and the neighborhood in general;
2. (B)
  The subject property is of sufficient size to accommodate development of the type and scope proposed; and
3. (C)
  The proposed development is consistent with the commercial character and appearance of the subject property.

(CB-28-1985; CB-22-2019)

Effective on: 1/1/1901

Sec. 27-352. Reserved.

Effective on: 1/1/1901

Sec. 27-352.01. Elderly housing (one-family attached dwellings).

(a)

Attached one-family dwellings for the elderly (and related facilities) may be permitted, subject to the following:

(1)
The subject property shall not be adjoining property in the R-O-S or O-S Zones, unless it is separated by an arterial roadway;
(2)
The site plan shall show the density (which shall not exceed the maximum allowable density of the zone in which the use is located, as set forth in Section 27-442(h), and the type and total number of dwelling units proposed (which may also include one-family detached dwellings);
(3)
The District Council shall find that the subject property is suitable for the type of development proposed and is of sufficient size to properly accommodate the proposed number of dwelling units;
(4)
A recreational facilities plan shall be submitted demonstrating that sufficient recreational facilities or opportunities are provided to serve the prospective resident population, consistent with their needs and abilities. Facilities may be provided on-site or within adjoining development. In any case, but particularly if on adjoining property, there shall be a staging plan for the facilities constructed. Recreational areas should be clustered together to increase levels of activity, use of amenities, and the sense of vitality of the community;
(5)
Regulations restricting the height of structures, lot size and coverage, frontage, setbacks, and any other requirements of the specific zone in which the use is proposed (excluding density, which shall be governed by Section 27-352.01(a)(2)) shall not apply to uses and structures provided for in this Section. The dimensions and percentages shown on the approved site plan shall constitute the regulations for a given Special Exception;
(6)
The owner of the property shall record among the Land Records of Prince George's County a declaration of covenants which establishes that the premises will be solely occupied by elderly families for a fixed term of not less than sixty five (65) years. The covenant shall run to the benefit of the County; and
(7)
The following guidelines should be considered:
1. (A)
  Dwelling units should be clustered around a central focal point or public space and should avoid linear design. Open space should be oriented to provide the best possible separation or buffer from adjoining single-family detached uses. The requirements of Section 24-137(g)(1), (2), and (5) through (10) shall serve as guidelines for site layout.
2. (B)
  No less than ten percent (10%) of the land area should be devoted to open space, recreation facilities, and social-oriented amenities.
3. (C)
  If a community building is proposed, no less than three (3) physically separate areas, which shall include the separation of a single room, should be provided within the building for recreational and social-oriented amenities of varying activity levels.
4. (D)
  Each outdoor space intended for active recreation should be a minimum of fifty (50) feet in width in least dimension, with a minimum area of five thousand (5,000) square feet.

(b)

Notwithstanding the provisions of subsection (a) of this Section, attached one-family dwellings for the elderly (and related facilities) may be permitted in the R-R Zone, subject to the following:

(1)
The gross tract area shall be between nine (9) and twenty (20) acres;
(2)
The property shall be located adjacent to a park owned by a public agency or land zoned R-O-S and owned by a public agency or the United States of America;
(3)
The property shall have at least one hundred fifty (150) feet of frontage on, and direct vehicular access to, a roadway with a functional transportation classification of collector or arterial;
(4)
Density shall be limited to no more than eight (8) dwelling units to the acre;
(5)
Regulations restricting the height of structures, lot size and coverage, frontage, setbacks, density, and any other requirements of the specific zone in which the use is proposed shall not apply to uses and structures provided for in this Section. The dimensions and percentages shown on the approved site plan shall constitute the regulations for a given Special Exception;
(6)
Recreational facilities shall be required. The requirement may be satisfied with a combination of on-site and off-site facilities. On-site facilities may be passive or active. Off-site recreational facilities obligations may be satisfied through contributions to the adjacent public-owned parkland, in coordination with the Prince George's County Department of Parks and Recreation; and
(7)
Age restrictions in conformance with the Federal Fair Housing Act shall be set forth in covenants submitted with the application. The covenants shall run to the benefit of the County, shall be approved by the District Council, and filed in the Land Records for Prince George's County shall be approved by the District Council, and filed in the land records at the time the final subdivision plat is recorded.
(8)
The requirements of Section 27-352.01(a)(7) shall apply.

(CB-71-1996; CB-106-2021)

Effective on: 1/1/1901

Sec. 27-352.02. Elderly housing (one-family detached dwellings).

(a)

Detached one-family dwellings for the elderly (and related facilities) may be permitted on a maximum of six (6) acres located in the Developing Tier as of November 30, 2004, subject to the following:

(1)
The subject property may not be adjoining property in the R-O-S or O-S Zones, unless it is separated by an arterial roadway.
(2)
The density may not exceed six (6) dwelling units per acre.
(3)
The District Council's detailed finding that the subject property is suitable for the type of development proposed and is of sufficient size to properly accommodate the proposed number of dwelling units.
(4)
A recreational facilities plan shall be submitted demonstrating that sufficient recreational facilities or opportunities are provided in accordance with the adopted Department of Parks and Recreation Standards to serve the prospective resident population, consistent with their needs and abilities. Facilities may be provided on-site or within adjoining development. In any case, but particularly if on adjoining property, there shall be a staging plan for the facilities constructed. Recreational areas should be clustered together to increase levels of activity, use of amenities, and the sense of vitality of the community.
(5)
Regulations restricting the height of structures, lot size and coverage, frontage, and setbacks, shall be in accordance with the requirements of the R-55 Zone.
(6)
For purposes of this Section, elderly housing is defined as housing for older persons as provided in Title 42 USC, Section 3607B and the regulations issued thereunder, and intended for and solely occupied by persons sixty-two (62) years of age and older.
(7)
The following guidelines should be considered:
1. (A)
  Open space should be oriented to provide the best possible separation or buffer from adjoining single-family detached uses. The requirements of Section 24-137 (g)(6) through (10) shall serve as guidelines for site layout.
2. (B)
  No less than ten percent (10%) of the land area should be devoted to open space, recreation facilities, and social-oriented amenities.
3. (C)
  If a community center is proposed, it shall have at least three (3) physically separate areas, including at least one (1) separate room. The separate areas shall provide space for recreational and social activities at different intensity levels.
4. (D)
  Each outdoor space intended for active recreation should be a minimum of fifty (50) feet in width in least dimension, with a minimum area of five thousand (5,000) square feet.
(8)
The following shall be reviewed at the time of Special Exception to address appearance and quality issues: size of dwelling units, construction material, garages, roof pitch, ceiling height, and amenities.

(CB-90-2004)

Effective on: 1/1/1901

Sec. 27-353. Farm implement sales or repair; farm supply sales.

(a)

(1)
Vehicular access to the subject property shall not be by means of any street internal to a subdivision for one-family dwellings.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-354. Fertilizer manufacturing.

(a)

The manufacturing of fertilizer may be permitted, subject to the following:

(1)
All operations shall be confined to the interior of a wholly enclosed building;
(2)
There shall be no outside storage of either raw materials or finished products; and
(3)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation;
2. (B)
  The provisions for control of noxious odors;
3. (C)
  The pollution control measures to be taken; and
4. (D)
  The compatibility of the use with the surrounding area.

Effective on: 1/1/1901

Sec. 27-355. Food or beverage store.

(a)

A food or beverage store may be permitted, subject to the following:

(1)
The applicant shall show a reasonable need for the use in the neighborhood;
(2)
The size and location of, and access to, the establishment shall be oriented toward meeting the needs of the neighborhood;
(3)
The proposed use shall not unduly restrict the availability of land, or upset the balance of land use, in the area for other allowed uses;
(4)
In the I-1 and I-2 Zones, the proposed use shall be located in an area which is (or will be) developed with a concentration of industrial or office uses;
(5)
The retail sale of alcoholic beverages from a food or beverage store approved in accordance with this Section is prohibited; except that the District Council may permit an existing use to be relocated from one C-M zoned lot to another within an urban renewal area established pursuant to the Federal Housing Act of 1949, where such use legally existed on the lot prior to its classification in the C-M Zone and is not inconsistent with the established urban renewal plan for the area in which it is located.

(CB-93-1984; CB-131-1984; CB-33-1985; CB-123-1985; CB-112-1986; CB-86-1988)

Effective on: 1/1/1901

Sec. 27-356. Foundry.

(a)

A foundry (for nonornamental ferrous metals) may be permitted, subject to the following:

(1)
All operations shall be confined to the interior of a wholly enclosed building;
(2)
There shall be no outside storage of raw materials or finished products;
(3)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation;
2. (B)
  The pollution control measures to be taken; and
3. (C)
  The compatibility of the use with the surrounding area.

Effective on: 1/1/1901

Sec. 27-356.01. Fraternity or sorority house.

(a)

A fraternity or sorority house may be permitted, subject to the following:

(1)
The proposed site plan shall show:
1. (A)
  The number of residents who will be accommodated;
2. (B)
  Uses on adjoining properties;
3. (C)
  Zoning of adjoining properties; and
4. (D)
  Distance to adjoining dwellings.
(2)
The use shall not adversely affect the character, use, or quiet enjoyment of adjoining properties.
(3)
The subject property, including the building, shall be of sufficient size for the proposed use.

Effective on: 1/1/1901

Sec. 27-357. Funeral parlor or undertaking establishment.

(a)

A funeral parlor or undertaking establishment may be permitted subject to the following:

(1)
The minimum side and rear yard setbacks shall be at least fifty (50) feet each, when adjoining land in any Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan;
(2)
If the subject property is located in a Residential Zone, it shall contain at least one and one-half (1 1/2) contiguous acres;
(3)
The use shall not depreciate the value of neighboring properties;
(4)
The use shall not adversely affect the character of neighboring properties; and
(5)
The use shall not create undue traffic congestion.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-358. Gas station.

(a)

A gas station may be permitted, subject to the following:

(1)
The subject property shall have at least one hundred and fifty (150) feet of frontage on and direct vehicular access to a street with a right-of-way width of at least seventy (70) feet;
(2)
The nearest gas pump on the subject property shall be located at least three hundred (300) feet from any lot on which a school, outdoor playground, library, hospital, or a structure used as a residence is located;
(3)
The use shall not include the display and rental of cargo trailers, trucks, or similar uses, except as a Special Exception in accordance with the provisions of Section 27-417;
(4)
The storage or junking of wrecked motor vehicles (whether capable of movement or not) is prohibited;
(5)
Access driveways shall be not less than thirty (30) feet wide unless a lesser width is allowed for a one-way driveway by the Maryland State Highway Administration or the County Department of Permitting, Inspections, and Enforcement, whichever is applicable, and shall be constructed in compliance with the minimum standards required by the County Road Ordinance or Maryland State Highway Administration regulations, whichever is applicable. In the case of a corner lot, a driveway may begin at a point not less than twenty (20) feet from the point of curvature (PC) of the curb return or the point of curvature of the edge of paving at an intersection without curb and gutter. A driveway may begin or end at a point not less than twelve (12) feet from the side or rear lot line of any adjoining lot;
(6)
Access driveways shall be defined by curbing;
(7)
A sidewalk at least five (5) feet wide shall be provided in the area between the building line and the curb in those areas serving pedestrian traffic;
(8)
Gasoline pumps and other service appliances shall be located at least twenty-five (25) feet behind the street line;
(9)
Repair service shall be completed within forty-eight (48) hours after the vehicle is left for service. Discarded parts resulting from any work shall be removed promptly from the premises. Automotive replacement parts and accessories shall be stored either inside the main structure or in an accessory building used solely for the storage. The accessory building shall be wholly enclosed. The building shall either be constructed of brick (or another building material similar in appearance to the main structure) and placed on a permanent foundation, or it shall be entirely surrounded with screening material. Screening shall consist of a wall, fence, or sight-tight landscaping material, which shall be at least as high as the accessory building. The type of screening shall be shown on the landscape plan.
(10)
Details on architectural elements such as elevation depictions of each façade, schedule of exterior finishes, and description of architectural character of proposed buildings shall demonstrate compatibility with existing and proposed surrounding development.
(11)
At least two (2) Level 3 or DC fast charger electric vehicle charging stations must be provided on-site for public use.
(12)
Any Special Exception or Detailed Site Plan application filed prior to January 1, 2022, and approved shall not be subject to this provision and shall be deemed a conforming use.

(b)

In addition to what is required by Section 27-296(c), the site plan shall show the following:

(1)
The topography of the subject lot and abutting lots (for a depth of at least fifty (50) feet);
(2)
The location and type of trash enclosures; and
(3)
The location of exterior vending machines or vending area.

(c)

(d)

When approving a Special Exception for a gas station, the District Council shall find that the proposed use:

(1)
Is necessary to the public in the surrounding area; and
(2)
Will not unduly restrict the availability of land, or upset the balance of land use, in the area for other trades and commercial uses.

(CB-8-1984; CB-1-1989; CB-48-1998; CB-22-1999; CB-72-1999; CB-29-2014; CB-48-2021)

Effective on: 1/1/1901

Sec. 27-359. Golf course; private club; nonprofit recreational uses.

(a)

(b)

A golf course may be permitted in the V-L and V-M Zones, provided the District Council finds that the proposed use:

(1)
Preserves the open space, scenic vistas, and environmental features of the area;
(2)
Complements the natural characteristic of the area; and
(3)
Provides enjoyment or recreational activities, including passive recreational activities, for the residents of the Zone.

(CB-10-1992)

Effective on: 1/1/1901

Sec. 27-360. Reserved.

Effective on: 1/1/1901

Sec. 27-361. Heavy armament fabrication.

(a)

The fabrication of heavy armament may be permitted, subject to the following:

(1)
All operations shall be confined to the interior of a wholly enclosed building;
(2)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation;
2. (B)
  The proposed buffering and screening of any outdoor storage areas; and
3. (C)
  The compatibility of the uses with the surrounding area.

Effective on: 1/1/1901

Sec. 27-362. Health campus.

(a)

A health campus may be permitted, subject to the following:

(1)
General requirements.
1. (A)
  The subject property shall be suitable for the integration of a hospital and other medical facilities with any proposed residences, services, and recreational facilities.
(2)
Special requirements.
1. (A)
  The subject property shall contain at least twenty-five (25) contiguous acres, except as provided in paragraph (5), below;
2. (B)
  The subject property shall have frontage on, and direct vehicular access to, a street with sufficient capacity to accommodate the traffic generated by the campus;
3. (C)
  All buildings and structures shall be located at least:
  1. (i)
    Fifty (50) feet from all adjoining property lines (except street lines); and
  2. (ii)
    Twenty-five (25) feet from all adjoining street lines;
4. (D)
  All off-street parking and loading facilities shall be located at least:
  1. (i)
    Fifty (50) feet from any adjoining land in a Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan;
  2. (ii)
    Six (6) feet from any adjoining street; and
  3. (iii)
    Ten (10) feet from any other land than that in (i) and (ii), above;
5. (E)
  All of the parking and loading needs of employees and residents of, and visitors and delivery services to, the site shall be met on the subject property;
6. (F)
  All perimeter setback areas of the site shall be buffered or screened in accordance with the provisions of the Landscape Manual. The applicant shall demonstrate that the required buffer yards will provide reasonable sight and sound barriers;
7. (G)
  Not less than forty percent (40%) of the site shall be devoted to green area; and
8. (H)
  Regulations restricting location, height, coverage, density, frontage, and yards, of buildings and structures, as specified for the zone in which such campus is located, shall not apply to uses or structures provided for in this Section. The dimensions and percentages shown on the approved site plan shall constitute the regulations for development under a given Special Exception.
9. (I)
  Notwithstanding Section 27-118.01, more than one (1) building may be located on a lot containing a one-family dwelling.
(3)
Uses.
1. (A)
  Only those uses which appear on an approved site plan shall be permitted on the health campus. The District Council may only approve those uses which provide a harmonious, balanced mix of medical, residential, and limited commercial uses, and which are necessary to meet the needs of the campus. Every health campus shall contain a general acute care hospital developed as the core of the campus. Other uses may include, (but need not be limited to) the following:
  1. (i)
    Medical facilities, including professional offices, medical laboratories and testing facilities, clinical facilities, professional or paramedical training centers, ambulatory care facilities, and accessory uses. Business signs in conjunction with approved medical facilities shall only be permitted in accordance with the provisions of PART 12 of this Subtitle applicable to the C-O Zone;
  2. (ii)
    Nursing and care homes; medical day care, adult day care, respite care, and day care for sick children (all of which may include areas beyond the health campus as their service area); rental dwelling units for the use of staff, visitors, and elderly or physically handicapped persons; one (1) motel or hotel as an integral part of the campus; provided that day care for sick children shall only be provided in a licensed hospital unit.
  3. (iii)
    Retail commercial and service uses (including accessory warehousing and laundry facilities), which are strictly related and subordinate to the medical/residential character of the campus, and which directly serve the residents, employees and guests of the campus or other campuses or medical facilities. The commercial uses shall be chosen to reflect their local orientation to the immediate campus vicinity, and shall be of such size and scope as to not interfere with existing or proposed retail uses located in the off-campus area. Business signs in conjunction with retail commercial uses shall only be permitted in accordance with the provisions of PART 12 of this Subtitle applicable to the commercial zones (other than the C-O Zone); and,
  4. (iv)
    Recreational and social uses, such as swimming pools, tennis courts, athletic facilities, community centers, assembly halls, or private educational institutions, limited to use by only campus residents, employees, and guests.
(4)
Site plans and other submission requirements.
1. (A)
  In addition to the requirements of Section 27-296(c), the site plan shall set forth the:
  1. (i)
    Use, character, and zoning classification of adjoining properties;
  2. (ii)
    Existing and proposed right-of-way and paving widths of adjoining streets;
  3. (iii)
    Existing and proposed topography of the site at not more than five (5) foot contour intervals;
  4. (iv)
    Existing and proposed drainage patterns;
  5. (v)
    Existing vegetation and other natural features; and
  6. (vi)
    Proposed provisions for erosion and sediment control and storm water management.
(5)
Addition of land.
1. (A)
  After the approval of a Special Exception, any addition of land to the campus shall be the subject of a new Special Exception application. The site plan accompanying the new application shall include the required information for both the previously approved campus and the proposed additional land. The approval of the new site plan shall nullify the previously approved site plan. The additional land shall be contiguous to an approved health campus, and may contain less than twenty-five (25) acres.
(6)
Amendment of site plan.
1. (A)
  Notwithstanding other provisions of this Subtitle concerning revision of site plans, requests to amend a site plan for a health campus shall only be approved by the Planning Board under paragraph 27-362(a)(7) or the District Council under this paragraph 27-362(a)(6). The Planning Board is authorized to grant minor changes to site plans for health campuses, subject to appeal to the District Council. Such amendments to site plans may be permitted provided that any of the following three (3) situations exists:
  1. (i)
    Situation No. 1.
    (aa)
    There is a proposed increase in gross floor area of a building or in land area covered by a structure other than a building (over that approved on the original or amended site plan) which is not greater than ten percent (10%) of the gross floor area or covered land area or 500 square feet, whichever is less (see Figure 40), except as provided in (iii) below; or
    (bb)
    There is a proposed relocation (in any direction) of any improvement (approved on the original or amended plan) which is not greater than ten percent (10%) of the distance to the boundary line of the special exception or twenty (20) feet, whichever is less (see Figure 41).
  2. (ii)
    Situation No. 2.
    (aa)
    There is a proposed expansion or addition of a parking lot or parking garage; or
    (bb)
    There is a proposed change in a landscape plan.
  3. (iii)
    Situation No. 3.
    (aa)
    There is a proposed increase in gross floor area of the hospital for an addition to the emergency room only; and
    (bb)
    There is a proposed relocation of the existing helipad of less than 150 feet to accommodate the addition described in (aa).
2. (B)
  The minor change request shall be in the form of an application filed with the Planning Board. The contents of the application shall be determined by the Planning Board. Along with filing the application, the applicant shall submit an amended site plan and Statement of Justification. The Planning Board shall conduct a public hearing and notice shall be provided in the same manner as for the original application.
3. (C)
  The Planning Board's decision to amend a site plan may be appealed to the District Council upon petition by any person of record. The petition shall specify the error which is claimed to have been committed by the Planning Board and shall also specify those portions of the record relied upon to support the error alleged. 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.
  1. (i)
    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 amended site plan, all written evidence and materials submitted for consideration by the Planning Board, a transcript of the public hearing on the site plan, and any additional information or explanatory material deemed appropriate.
  2. (ii)
    Within forty-five (45) days, 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.
  3. (iii)
    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 amended site plan to the Planning Board to take further testimony or reconsider its decision. Where the Council approves an amended site plan, it shall make the same findings which are required to be made by the Planning Board.
  4. (iv)
    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.
4. (D)
  Requests to amend the approved site plan in all instances other than those described in paragraph 6(A), above, shall be filed concurrently with the Clerk of the Council and the office of the Planning Board. Upon receipt of the request by the Clerk, the Office of the Zoning Hearing Examiner shall schedule a public hearing, which shall occur not less than sixty (60), nor more than one hundred twenty (120), days after receipt of the request. The request shall be reviewed by the Technical Staff, taking into consideration the requirements of this Subtitle. The Technical Staff shall submit its recommendations to the Zoning Hearing Examiner within sixty (60) calendar days from the date of filing. The public hearing shall be conducted by the Zoning Hearing Examiner, at which time the applicant, the Planning Board, Technical Staff, and members of the public may comment on the proposed amendment. The hearing shall be conducted in accordance with Section 27-129. The property shall be posted with a sign in the same manner as required for original applications. After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council.
5. (E)
  Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
6. (F)
  All amendments shall be in conformance with the purposes, regulations, and standards of this Section.
7. (G)
  The approved amended site plan shall become the official site plan, as if it had been approved as a part of the original application for a Special Exception.
8. (H)
  The revised site plan shall comply with all applicable requirements of this Subtitle and with any conditions, relating to the use, imposed by the District Council or Planning Board in the approval of the building or use.
9. (I)
  When a minor change is approved by the Planning Board, any requirements or conditions deemed necessary to protect adjacent properties and the general neighborhood may be added.
(7)
Optional method of amending site plan.
1. (A)
  Notwithstanding the provisions of paragraph 27-362(a)(6), the procedures in this paragraph 27-362(a)(7) may be followed, at the applicant's option, to amend a Special Exception Site Plan for a health campus approved before January 1, 1982, if the application involves at least ten (10) but no more than fifteen (15) acres; if the lots or parcels which are the subject of the application contain a hospital; if all site plan amendments are confined to those lots or parcels; and if the amendments meet all requirements in this paragraph.
2. (B)
  The applicant shall meet all filing requirements for site plan amendments under paragraph (6). The application shall be accepted for processing if it is signed by the owner of the subject lots or parcels where the hospital is located and the improvements will be built.
3. (C)
  Proposed site plan amendments under this paragraph (7) shall meet the following requirements:
  1. (i)
    Amendments may not reduce any setbacks required in this Subtitle or the Landscape Manual;
  2. (ii)
    The site plan as amended shall show compliance with all parking and loading requirements in PART 11;
  3. (iii)
    Amendments may not reduce the greenspace on the subject lots or parcels below twenty percent (20%) of the area of the subject lots or parcels, but if site plan amendments reduce the greenspace on the subject lots, then the greenspace requirement on all property covered by the Special Exception shall also be reduced to twenty percent (20%); and
  4. (iv)
    Amendments may show the following improvements only: additions to the hospital building; one medical office building; and parking structures required for the hospital or office building;
4. (D)
  The application may be approved administratively by the Planning Director, subject to appeal to the Planning Board, but no further administrative appeal is allowed. Notification and posting shall be provided in the same manner as for the original application. Any person who requests it shall be registered as a person of record and given written notice by first-class mail of the Planning Director's final decision. An appeal to the Planning Board may be filed with the Planning Director by any person of record, within thirty (30) days of the mailing of notice of the decision. The Planning Board shall hear and decide the appeal within sixty (60) days of its filing.
(8)
Conversion of hospital to health campus.
1. (A)
  Requests to convert an existing hospital to a health campus shall be made only for residential property containing a minimum of twenty-five (25) acres and shall be processed in accordance with the requirements for an amendment of a health campus site plan.

(CB-57-1986; CB-20-1991; CB-56-1993; CB-41-1998; CB-10-2002; CB-21-2002; CB-1-2004)

Effective on: 1/1/1901

Sec. 27-363. Height limit, dwellings in R-10A and R-10 Zones.

(a)

The construction of any multifamily dwelling in excess of one hundred ten (110) feet in the R-10A or R-10 Zone may be permitted, subject to the following:

(1)
The approval of the Special Exception and the site plan shall be valid for only one (1) year. If, at the end of that time, construction of the proposed dwelling has not begun, the approval shall be considered as having lapsed and shall be of no effect. Construction will be deemed to have begun when all excavation and piers or footings of one (1) or more dwellings have been completed.

(CB-57-1986; CB-1-1989)

Effective on: 1/1/1901

Sec. 27-364. Hospital; nursing or care home; eleemosynary or philanthropic institution.

(a)

A hospital, eleemosynary or philanthropic institution, or nursing or care home may be permitted, subject to the following:

(1)
Hospital:
1. (A)
  Total area - 5 contiguous acres;
2. (B)
  Street frontage - 300 feet; and
3. (C)
  Setback - 50 feet from all boundary lines of the Special Exception.
(2)
Eleemosynary or philanthropic institution, except exclusively office use:
1. (A)
  Total area - 1 acre;
2. (B)
  Street frontage - 150 feet;
3. (C)
  Setback - 25 feet from all boundary lines of the Special Exception.
(3)
Eleemosynary or philanthropic institution, exclusively office use, or office use with one (1) dwelling unit within the main building which is subordinate in floor area to the office use:
1. (A)
  Total area - 20,000 square feet;
2. (B)
  Street frontage - 65 feet;
3. (C)
  Setback - 25 feet from all boundary lines of the Special Exception.
(4)
Nursing or care home where not more than ten (10) persons are cared for:
1. (A)
  Total area - 1/2 acre;
2. (B)
  Street frontage - 150 feet;
3. (C)
  Setback - 25 feet from all boundary lines of the Special Exception.
(5)
Nursing or care home in the C-O Zone where eleven (11) or more persons are cared for:
1. (A)
  Total area - 2 acres, or 300 square feet per person cared for, whichever is greater;
2. (B)
  Street frontage - 150 feet;
3. (C)
  Setback - 25 feet from all boundary lines of the Special Exception.
(6)
Nursing or care home in all other zones where this use is permitted by Special Exception, where eleven (11) or more persons are cared for:
1. (A)
  Total area - 1/2 acre, plus 1,000 contiguous square feet for each person cared for above 10;
2. (B)
  Street frontage - 150 feet;
3. (C)
  Setback - 25 feet from all boundary lines of the Special Exception.

(CB-118-1991; CB-88-1993)

Effective on: 1/1/1901

Sec. 27-365. Hotel or motel.

(a)

A hotel or motel may be permitted (except those covered under Subsection (b), below), subject to the following:

(1)
The proposed use shall be located in an area which is or is to be developed with a concentration of industrial or office uses;
(2)
The proposed use shall have frontage on, and direct vehicular access to, a street with a right-of-way width of at least seventy (70) feet;
(3)
The proposed use may include any of the following accessory uses. All accessory uses, and their square footages, shall be shown on the approved site plan. Notwithstanding any other requirement of this Subtitle, these accessory uses shall be permitted without obtaining a separate Special Exception:
1. (A)
  Cocktail lounge or night club;
2. (B)
  Gift shop;
3. (C)
  Beauty shop;
4. (D)
  Barber shop;
5. (E)
  Auditorium;
6. (F)
  Recreational uses;
7. (G)
  Sauna, public spa, or steam room;
8. (H)
  Solarium;
9. (I)
  Valet shop;
10. (J)
  Similar retail stores and consumer service establishments;
11. (K)
  Restaurant;
12. (L)
  Meeting facilities; and
13. (M)
  Lobby and registration area;
(4)
In reviewing the application, the District Council shall pay particular attention to surrounding existing and proposed land uses and the compatibility of the hotel or motel and its accessory uses with the surrounding area.

(b)

In the R-R Zone, a motel (which may include an accessory swimming pool or public spa for the sole use of transient guests) may be permitted, subject to the following:

(1)
The subject property shall contain at least five (5) acres;
(2)
The lot shall have frontage of at least two hundred (200) feet on and vehicular access to a street with a right-of-way width of at least one hundred twenty (120) feet;
(3)
If the subject property abuts land which is or is to be developed for residential purposes, a substantial, sightly fence at least six (6) feet high shall be constructed and maintained along that part of the property line abutting the residential land;
(4)
No building, structure, or parking area shall be located less than:
1. (A)
  Fifty (50) feet from the street line or land in a Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan;
2. (B)
  Twenty-five (25) feet from land in a Commercial or Industrial Zone, or land proposed to be used for commercial or industrial purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan;
3. (C)
  Two hundred (200) feet from an existing dwelling; or
4. (D)
  One hundred fifty (150) feet from the center line of any street or public right-of-way;
(5)
Each guest room shall have its own toilet and washroom. Cooking facilities shall be prohibited in the rooms; and
(6)
A restaurant or coffee shop (without entertainment) shall be permitted as an accessory use, provided the subject property contains at least seven (7) contiguous acres, and that the motel has at least fifty (50) guest rooms. Parking for the restaurant shall be in addition to that required for the motel.

Effective on: 1/1/1901

Sec. 27-366. Insurance sales office.

(a)

The offices of not more than two (2) insurance brokers, agents, or salesmen may be permitted in a dwelling, subject to the following:

(1)
At least one (1) of the brokers, agents, or salesmen shall be a bona fide resident of the dwelling;
(2)
Suitable office space is not available within the general vicinity;
(3)
At least fifty percent (50%) of the gross floor area of the dwelling shall be devoted to residential use;
(4)
The use shall not alter the residential character or appearance of the premises; and
(5)
Not more than one (1) nonresident clerical assistant may be employed on the premises.

(b)

A use and occupancy permit shall be required for the this use.

Effective on: 1/1/1901

Sec. 27-367. Junk yard.

(a)

A junk yard may be permitted, subject to the following:

(1)
The use shall be enclosed by a solid, sightly light-tight wall or fence at least eight (8) feet high, and found to be satisfactory by the District Council;
(2)
The fence shall not be constructed of corrugated metal or fiberglass or sheet metal;
(3)
Outdoor storage shall not be visible from the ground level beyond the fence; and
(4)
Interior storage shall be located in a fireproof building.

Effective on: 1/1/1901

Sec. 27-368. Kennel.

(a)

A kennel may be permitted as a temporary Special Exception, if adjacent areas are predominantly undeveloped.

(b)

The District Council shall determine the period of time for which the Special Exception is valid, except in the O-S Zone where the Special Exception shall be renewed every three (3) years.

(c)

In the O-S Zone, the subject property shall contain at least ten (10) contiguous acres.

Effective on: 1/1/1901

Sec. 27-369. Landscaping contractor's business.

(a)

A landscaping contractor's business may be permitted, subject to the following:

(1)
The subject property shall contain at least twenty-five (25) contiguous acres. The District Council may reduce this area requirement to no less than five (5) contiguous acres provided: (A) In addition to the justification statement, the applicant files an impact statement explaining the scope of the business, including without limitation, the number of employees, the number and type of trucks and other vehicles and the provisions to protect adjoining and adjacent residential properties from noise, vibration, visual, odor, or other adverse effects; and
1. (B)
  The District Council determines, from the impact statement and evidence in the record, that landscaping, screening, buffering, green area, or special conditions on the subject property will adequately protect adjoining and adjacent residential properties.
(2)
The subject property shall have frontage on, and direct vehicular access to, an existing street with sufficient capacity to accommodate the type and amount of traffic to be generated by the business;
(3)
Vehicular access to the subject property shall not be by means of streets internal to residential subdivisions;
(4)
All business operations (except the outdoor growing of nursery stock) shall be located at least two hundred (200) feet from any abutting land in any Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan. The District Council may waive this setback requirement if it determines that the buffer yard required in the Landscape Manual will adequately protect abutting residential land. These operations shall be screened from the view of the abutting residential land in accordance with the Landscape Manual; and
(5)
Outdoor storage of equipment and materials (except nursery stock) shall not be visible from a street.

(CB-1-1989; CB-21-2004)

Effective on: 1/1/1901

Sec. 27-370. Lawn mower or bicycle repair shop (motorized).

(a)

A shop for the repair of motorized lawn mowers and bicycles may be permitted, subject to the following:

(1)
The entire operation shall be performed in a wholly enclosed building.

Effective on: 1/1/1901

Sec. 27-371. Limited professional uses in multifamily projects.

(a)

The offices of accountants, architects, clergymen, engineers, lawyers, medical practitioners, and those of similar recognized and learned professions may be permitted, subject to the following:

(1)
Office space suitable for the practice of the profession is unavailable in the nearest Commercial Zone;
(2)
Office use shall be limited to not more than four (4) such professionals in any multifamily project;
(3)
The office shall not be located above the ground-level floor, and shall be so located, constructed, and sound controlled as to protect tenants of the building from noise, odor, and office traffic;
(4)
The residential appearance of the exterior of the premises shall not be changed;
(5)
There is a demonstrated need for the use, based on population, the unavailability of other similar professionals in the general vicinity, and other relevant factors; and
(6)
Although the use need not be located in a multifamily building, it shall be located within a multifamily project.

Effective on: 1/1/1901

Sec. 27-371.01. Marinas and marina expansions.

(a)

New marinas may be permitted, subject to the following:

(1)
The use is not located within the Buffer in any Resource Conservation Area;
(2)
The use shall comply with the sanitary requirements of the State Department of Health and Mental Hygiene, as required in Code of Maryland Regulations 10.17.02, and all other State and local Chesapeake Bay Critical Area regulations;
(3)
A means of minimizing the discharge of bottom wash waters from dry dock facilities into tidal waters shall be established;
(4)
It shall be demonstrated that there will be adequate all-weather access from the landward side to accommodate all proposed facilities;
(5)
It shall be demonstrated that there will be safe boating access from the marina to cruising waters;
(6)
The facilities shall be in conformance with the locational requirements set forth in the Master Plan, if applicable;
(7)
Only those facilities that require access to the water may be located within the Buffer;
(8)
To the extent possible, wetlands shall be preserved, and development shall be located in the upland areas;
(9)
Significant fish spawning grounds and shellfish harvesting areas shall be protected;
(10)
An economic feasibility study that justifies the uses, size, and types of boats that are included within the facility shall be submitted with the application;
(11)
The boundaries of water and land which will receive ingress and egress of boats or similar waterborne vehicles associated with the marina shall be shown in the application submittals;
(12)
Prior to the issuance of a building permit, evidence that the required State and federal permits and approvals have been addressed shall be placed in the County's official Special Exception file;
(13)
It shall be demonstrated that the use will not adversely affect water quality;
(14)
The use is water-dependent, pursuant to the definition of water-dependent uses set forth in COMAR 14.15.03.01 and the criteria of COMAR 14.15.03.04.B, or, if the use is not water-dependent, structures or activities shall be located outside the Buffer insofar as possible;
(15)
The use meets a recognized public or private need;
(16)
Adverse effects on water quality and on fish, plant, and wildlife habitats are minimized;
(17)
The use is consistent with the approved Master Plan for the area;
(18)
The activities will not significantly alter existing water circulation patterns or salinity regimes;
(19)
The water body upon which these activities are proposed has adequate flushing characteristics in the area;
(20)
Disturbance to wetlands, submerged aquatic plant beds, or other areas of important habitats will be minimized;
(21)
Dredging shall be conducted in a manner, and using a method, which causes the least disturbance to water quality and aquatic and terrestrial habitats in the area immediately surrounding the dredging operation or within the Critical Area, generally;
(22)
Dredged spoil will not be placed within the Buffer or elsewhere in that portion of the Chesapeake Bay Critical Area Overlay Zones which has been designated as a Habitat Protection Area, except as necessary for:
1. (A)
  Backfill for permitted shore erosion protection measures;
2. (B)
  Use in approved vegetated shore erosion projects;
3. (C)
  Placement on previously approved channel maintenance spoil disposal areas; and
4. (D)
  Beach nourishment; and
(23)
Interference with the natural transport of sand will be minimized.

(b)

Existing marinas may be expanded, subject to the following:

(1)
The use shall be in compliance with the above requirements for new marinas; and
(2)
It shall be demonstrated that the expansion will result in an overall net improvement in water quality.

(CB-72-1987; CB-57-1989)

Effective on: 1/1/1901

Sec. 27-372. Massage establishment.

(a)

A massage establishment may be permitted, subject to the following:

(1)
The structure in which the use is proposed shall be located at least one thousand (1,000) feet from any land in any Residential Zone, land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan, or any school, library, park, recreational facility, or church.

Effective on: 1/1/1901

Sec. 27-372.01. Medical Cannabis Uses—Dispensary (M-U-I and M-X-T Zones).

(a)

The boundaries of property used as a medical cannabis dispensary shall be:

(1)
at least 500 feet from any R-A, R-E, R-L, R-R, R-S, R-80, or R-55 Zone;
(2)
at least 500 feet from any recreation center, playground or trail owned by the Maryland-National Capital Park and Planning Commission;
(3)
at least 500 feet from any school land uses; and
(4)
at least one mile from any other medical cannabis dispensary use.

(b)

(c)

Medical cannabis dispensary is not permitted as an accessory use.

(d)

Outdoor signage shall be limited to building mounted signs and advertisement for cannabis or cannabis products is prohibited.

(CB-5-2016; CB-41-2021)

Effective on: 1/1/1901

Sec. 27-373. Medical practitioner's office in a one-family dwelling.

(a)

A medical practitioner's office may be permitted in a one-family dwelling, subject to the following:

(1)
In each dwelling, there may be either two (2) practitioners who are bona fide residents of the dwelling or not more than two (2) practitioners who are not bona fide residents of the dwelling;
(2)
The applicant shall demonstrate that there is a need for an additional practitioner in the area, based on the population to be served and the availability of other practitioners in the general vicinity;
(3)
Commercially zoned office space (suitable for the practice) is not available in the neighborhood;
(4)
The use shall not alter the residential character or appearance of the premises;
(5)
Not more than a combined total of four (4) nonprofessional assistants may be employed on the premises at any one (1) time, whether in connection with a practitioner's office or another permitted use;
(6)
A use and occupancy permit shall be required for this use; and
(7)
The Zoning Enforcement Officer shall investigate all complaints about uses granted under this Section, and shall forward a report thereon (with or without recommendation) to the District Council. The District Council may, after sending notice to the property owner and following a public hearing held by the Zoning Hearing Examiner in accordance with Section 27-129 on the matter, revoke, suspend, or modify the Special Exception, upon a finding that the use has an adverse effect upon the neighborhood. The following procedures shall apply:
1. (A)
  After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council.
2. (B)
  All persons of record shall be given at least ten (10) days written notice by the Clerk of the Council of the date and time of the District Council's consideration of the matter.
3. (C)
  Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council.
4. (D)
  Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.

(CB-56-1993)

Effective on: 1/1/1901

Sec. 27-374. Medical/residential campus.

(a)

A medical/residential campus for retirement-aged persons may be permitted, subject to the following:

(1)
General requirements.
1. (A)
  The campus shall primarily serve needs of the retirement-aged community. Age restrictions in conformance with the Federal Fair Housing Act shall be set forth in covenants submitted with the application and shall be approved by the District Council and filed in the land records at the time the final subdivision plat is recorded;
2. (B)
  The campus shall achieve a balanced residential/medical environment which is unique to the neighborhood in which it is located, and which cannot be achieved through the use of conventional zoning proposals;
3. (C)
  Residences shall be functionally, physically, and architecturally integrated with service and recreational/activity centers;
4. (D)
  Medical services (if any) shall be conveniently located for the residents; and
5. (E)
  Commercial or service-oriented uses shall be grouped together, and shall be located near the population being served.
(2)
Specific requirements.
1. (A)
  The subject property shall contain at least twenty-five (25) contiguous acres;
2. (B)
  The site shall have frontage on, and direct vehicular access to, an existing street with sufficient capacity to accommodate any traffic generated by the campus;
3. (C)
  All buildings, structures, off-street parking compounds, and loading areas shall be located at least:
  1. (i)
    One hundred (100) feet from any adjoining land in a Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan;
  2. (ii)
    Fifty (50) feet from all other adjoining property lines (except street lines); and
  3. (iii)
    Twenty-five (25) feet from all adjoining street lines;
4. (D)
  All perimeter areas of the site shall be buffered or screened in accordance with the provisions of the Landscape Manual, and the applicant shall demonstrate that the required buffer yards will provide reasonable sight and sound barriers;
5. (E)
  Not less than forty percent (40%) of the site shall be devoted to green area;
6. (F)
  Regulations concerning the height of structure, lot size and coverage, frontage, setbacks, density, and other requirements of the specific zone in which such campus is to be located, shall not apply to uses and structures provided for in this Section. The dimensions and percentages shown on the approved site plan shall constitute the regulations for development under a given Special Exception; and
7. (G)
  Notwithstanding Section 27-118.1, more than one (1) dwelling may be located on a lot containing a one-family dwelling.
8. (H)
  Prior to approval of a Special Exception for a medical/residential campus for property for which a subdivision is not approved for the entire property in accordance with the proposed medical/residential campus site plan, the applicant shall demonstrate to the satisfaction of the Zoning Hearing Examiner or of the District Council that the entire development and use meet the following criteria:
  1. (i)
    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 provided by the applicant, will be adequate to carry the anticipated traffic generated by the development based on the maximum proposed density. The uses proposed will not generate traffic which would lower the level of service anticipated by the land use and circulation systems shown on the approved General or Area Master Plans, or urban renewal plans;
  2. (ii)
    Other existing or planned private and public facilities which are existing, under construction, or for which construction funds are contained in the first six (6) years of the adopted County Capital Improvement Program (such as public safety, recreation areas, water and sewerage systems, libraries, and fire stations, but excluding schools) will be adequate for the uses proposed; and
  3. (iii)
    Notwithstanding subparagraphs (i) and (ii), above, where the application anticipates a construction schedule of more than six (6) years, public facilities (existing or scheduled for construction within the first six (6) years) will be adequate to serve the development proposed to occur within the first six (6) years. The Zoning Hearing Examiner or the Council shall also find that public facilities will probably be adequately supplied for the remainder of the project. In considering the probability of future public facilities construction, the Zoning Hearing Examiner or the Council may consider such things as existing plans for construction, budgetary constraints on providing public facilities, the public interest and public need for the particular development, the relationship of the development to public transportation, or any other matter that indicates that public or private funds will likely be expended for the necessary facilities.
(3)
Uses.
1. (A)
  Only those uses which appear on an approved site plan shall be permitted on the medical/residential campus. The District Council may only approve those uses which provide a harmonious, balanced mix of medical, residential, and limited commercial uses primarily serving campus residents, and public, quasi-public, and medical services for the off-campus retirement-aged community. Other uses may include (but need not be limited to) the following:
  1. (i)
    Dwellings, nursing and care homes, and congregate living facilities for the elderly or physically handicapped;
  2. (ii)
    Medical facilities, including professional offices, laboratories, clinics, professional or paramedical training centers, and ambulatory care facilities. Business signs in conjunction with approved medical facilities shall be permitted in accordance with the provisions of PART 12 applicable to the C-O Zone;
  3. (iii)
    Retail commercial uses which are strictly related and subordinate to the residential/medical character of the campus and which directly serve the residents and employees of, or visitors to, the center, including retail uses similar to those in the C-A (Commercial Ancillary) Zone. The uses should be chosen to reflect their local orientation to the immediate campus vicinity and should be of a size and scope so as not to interfere with existing or proposed retail uses located in the off-campus area. Business signs in conjunction with retail commercial uses shall be permitted in accordance with the provisions of PART 12 of this Subtitle applicable to the C-A Zone; and
  4. (iv)
    Recreational and social uses, such as athletic facilities, community centers, and assembly halls, limited to use only by campus residents, employees, and guests.
(4)
Site plan and other submission requirements.
1. (A)
  In addition to the requirements of Section 27-296(c), the site plan shall set forth:
  1. (i)
    Existing and proposed topography at not more than five (5) foot contour intervals;
  2. (ii)
    Existing and proposed drainage patterns;
  3. (iii)
    Existing vegetation and other natural features; and
  4. (iv)
    Proposed provisions for sediment control and storm water management.
(5)
Addition of land.
1. (A)
  After the approval of a Special Exception, any addition of land to the campus shall be the subject of a new Special Exception application. The site plan accompanying the new application shall include the required information for both the previously approved campus and the proposed additional land. The approval of the new site plan shall nullify the previously approved site plan. The additional land shall be contiguous to an approved medical/residential campus, and may be less than twenty-five (25) acres.
(6)
Amendment of site plan.
1. (A)
  Notwithstanding other provisions of this Subtitle concerning the revision of site plans, requests to amend a site plan for a medical/residential campus shall only be approved by the District Council, and in accordance with this paragraph.
2. (B)
  Requests to amend the approved site plan shall be filed concurrently with the Clerk of the Council and the office of the Planning Board. After receipt of the request by the Clerk, the Office of the Zoning Hearing Examiner shall schedule a public hearing, which shall occur not less than sixty (60), nor more than one hundred twenty (120), days after receipt of the request. The request shall be reviewed by the Technical Staff, taking into consideration the requirements of this Subtitle. The Technical Staff shall submit its recommendations to the Zoning Hearing Examiner within sixty (60) calendar days from the date of filing. The public hearing shall be conducted by the Zoning Hearing Examiner, in accordance with Section 27-129, at which time the applicant, Planning Board, Technical Staff, and members of the public may comment on the proposed amendments. The property shall be posted with a sign in the same manner as required for original applications. After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council. Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
3. (C)
  All amendments shall be in conformance with the purposes, regulations, and standards of this Section.
  1. (i)
    The approved amended site plan shall become the official site plan, as if it had been approved as a part of the original application for a Special Exception.

(CB-1-1989; CB-20-1991; CB-56-1993; CB-62-1997; CB-1-2004; CB-78-2005)

Effective on: 1/1/1901

Sec. 27-374.01. Methadone Treatment Centers.

(a)

A methadone treatment center may be permitted, subject to the following:

(1)
The subject structure shall be located at least one thousand (1,000) feet from any residential zone, land proposed to be used for residential purposes on an approved Basic Plan, approved Official Plan for an R-P-C Zone, approved Conceptual or Detailed Site Plan, or property associated with any of the following: school, library, park, playground, or recreational facility;
(2)
As a part of the Special Exception approval, the Council may impose other reasonable requirements deemed necessary to safeguard the health, safety, morals, and general welfare of the community, taking into account the character of surrounding properties and the general neighborhood, and any other uses on the subject property;
(3)
Vehicular access to the subject property shall be adequate, taking into account the scope of the facility, the type and amount of traffic expected to be generated, and the type, service level, and capacity of the streets along which the subject property has frontage; and
(4)
A statement shall be submitted explaining:
1. (A)
  The policies and goals of the center;
2. (B)
  The characteristics and number of occupants to be served;
3. (C)
  The type of care and activities proposed;
4. (D)
  Operating methods and procedures proposed;
5. (E)
  The type and amount of traffic expected to be generated; and
6. (F)
  Other appropriate aspects of the center's operation.

(CB-103-1993)

Effective on: 1/1/1901

Sec. 27-375. Reserved.

Effective on: 1/1/1901

Sec. 27-376. Miscellaneous industrial, manufacturing, and related uses.

(a)

Miscellaneous industrial, manufacturing, and related uses not specifically listed in the respective Industrial Zones may be permitted, subject to the following:

(1)
An impact statement shall be submitted explaining the scope of the operation; and
(2)
The use shall be appropriate in the applicable zone, and in keeping with the purposes of the zone.

Effective on: 1/1/1901

Sec. 27-377. Mobile home.

(a)

A mobile home may be permitted, subject to the following:

(1)
The mobile home shall be restricted to use as a one-family detached dwelling, and be subject to all requirements of this Subtitle applicable to a one-family detached dwelling in the zone in which the mobile home is located;
(2)
The mobile home (and all of its enclosed extensions) shall be situated on, and securely anchored to, a mobile home stand;
(3)
The mobile home (and all of its extensions) shall be suitably treated so that the undercarriage is hidden from view;
(4)
The wheels of the mobile home shall be removed;
(5)
The proposed use shall not detract from the aesthetics of the surrounding neighborhood; and
(6)
The District Council may impose architectural, structural, or other requirements in order to give the mobile home the appearance of a permanent one-family detached dwelling.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-378. Model studio.

(a)

A model studio may be permitted only in the C-M Zone, and only if the applicant establishes the following, by clear evidence:

(1)
The proposed use will not tend to create a nuisance for other uses on the subject property, or for adjacent properties or neighborhood residents, because of traffic, parking problems, noise, or lights on the subject property, and the hours of operation of the use.

Effective on: 1/1/1901

Sec. 27-379. through Sec. 27-381. Reserved.

Effective on: 1/1/1901

Sec. 27-382. Reserved.

Effective on: 1/1/1901

Sec. 27-383. Newspaper publishing establishment; printing office.

(a)

A newspaper publishing establishment or printing office may be permitted, subject to the following:

(1)
The applicant shall submit written assurance from the Department of Permitting, Inspections, and Enforcement that the building is structurally safe for the use.

(CB-29-2014)

Effective on: 1/1/1901

Sec. 27-384. Nonconforming buildings, structures, and uses; alteration, enlargement, extension, or reconstruction.

(a)

(1)
A nonconforming building or structure, or a building or structure utilized in connection with a certified nonconforming use, may be enlarged in height or bulk, provided that the requirements of PART 11 are met with respect to the area of the enlargement.
(2)
A certified nonconforming use may be extended throughout a building in which the use lawfully exists, or to the lot lines of the lot on which it is located, provided that:
1. (A)
  The lot is as it existed as a single lot under single ownership at the time the use became nonconforming; and
2. (B)
  The requirements of PART 11 are met with regard to the extended area.
(3)
A certified nonconforming use may be reconstructed, provided that:
1. (A)
  The lot on which it is reconstructed is as it existed as a single lot under single ownership at the time the use became nonconforming;
2. (B)
  Either the nonconforming use is in continuous existence from the time the Special Exception application has been filed through final action on the application, or the building was destroyed by fire or other calamity more than one (1) calendar year prior to the filing date;
3. (C)
  The requirements of PART 11 are met with respect to the entire use; and
4. (D)
  The Special Exception shall terminate unless a building permit for the reconstruction is issued within one (1) calendar year from the date of Special Exception approval, construction in accordance with the building permit begins within six (6) months from the date of permit issuance (or lawful extension), and the construction proceeds to completion in a timely manner.
(4)
When not otherwise allowed, a certified nonconforming use may be otherwise altered by the addition or relocation of improvements, such as fencing, landscaping, off-street parking and loading areas, and outdoor trash enclosures, or the relocation of buildings or other improvements within the boundary lines of the lot as it existed as a single lot under single ownership at the time the use became nonconforming.
(5)
Any new, or any addition to, or alteration or relocation of an existing building or other improvement (which is either nonconforming or utilized in connection with a certified nonconforming use), shall conform to the building line, setback, yard, and height regulations of the zone in which the certified nonconforming use is located. The District Council may further restrict the location and bulk of the building or structure where the evidence so warrants. If the use is presently permitted by Special Exception in the zone, the new building, improvement, or addition shall conform to all of the physical requirements of the specific Special Exception use.
(6)
The District Council may grant this Special Exception for property within a one hundred (100) year floodplain only after it has determined that the proposed enlargement, extension, reconstruction, or alteration will:
1. (A)
  Not require additional filling in the floodplain;
2. (B)
  Not result in an increase in elevation of the one hundred (100) year flood; and
3. (C)
  Conform with all other applicable requirements of this Subtitle and of Division 2 of Subtitle 4, "Building," of this Code, entitled "Construction or Changes in Floodplain Areas."
(7)
In a Chesapeake Bay Critical Area Overlay Zone, a Special Exception shall not be granted where the existing lot coverage in the CBCA exceeds that allowed by Section 27-548.17, and which would result in a net increase in the existing lot coverage in the CBCA. In addition, a Special Exception shall not be granted which would result in converting a property which currently meets the lot coverage in the CBCA requirements of Section 27-548.17 to a nonconforming status regarding lot coverage in the CBCA, except if a finding of extenuating circumstances is made, such as the necessity to comply with other laws and regulations.

(b)

Applications for this Special Exception shall be accompanied by a copy of the Use and Occupancy Permit for the certified nonconforming use, as provided for in Section 27-241(b).

(c)

(1)
Special conditions or circumstances exist that are peculiar to the subject land or structure and that a literal enforcement of the Overlay Zone provisions would result in unwarranted hardship;
(2)
A literal interpretation of the County's Critical Area Program regulations would deprive the Applicant of rights commonly enjoyed by other properties in similar areas within the Chesapeake Bay Critical Area Overlay Zones;
(3)
The granting of a Special Exception would not confer upon an Applicant any special privilege that would be denied by this Subtitle to other lands or structures within the Chesapeake Bay Critical Area Overlay Zones;
(4)
The request for a Special Exception is not based upon conditions or circumstances which are the result of actions by the Applicant, nor does the request arise from any condition relating to land or building use, either permitted or nonconforming, on any neighboring property;
(5)
The granting of a Special Exception would not adversely affect water quality or adversely impact fish, wildlife, or plant habitat within the Chesapeake Bay Critical Area, and that the granting of the variance would be in harmony with the general spirit and intent of the applicable laws within the Chesapeake Bay Critical Area; and
(6)
The application for a Special Exception has been made in writing to the District Council or Zoning Hearing Examiner, if applicable, with a copy provided to the Chesapeake Bay Critical Area Commission.

(CB-57-1989; CB-65-1990; CB-24-1991; CB-104-1992; CB-7-1993; CB-76-2010)

Effective on: 1/1/1901

Sec. 27-385. Nursery and garden center.

(a)

A nursery and garden center may be permitted, subject to the following:

(1)
The display and sale of items not grown on the premises shall be incidental to the nursery operation. The display area for these items shall involve not more than twenty-five percent (25%) of the total gross display and sales area on the subject property;
(2)
The display, sale, or repair of motorized nursery or garden equipment shall not be permitted;
(3)
The subject property shall contain at least one (1) acre; and
(4)
All sales and loading areas shall be located at least twenty-five (25) feet from any abutting street right-of-way.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-386. Offices (general business and professional).

(a)

General business and professional offices may be permitted in a multifamily dwelling or apartment hotel, subject to the following:

(1)
The lot on which the multifamily dwelling or apartment hotel is located shall be at least eight (8) contiguous acres;
(2)
Professional offices may include the offices of the following:
1. (A)
  Accountants;
2. (B)
  Architects;
3. (C)
  Clergymen;
4. (D)
  Lawyers;
5. (E)
  Medical practitioners; and
6. (F)
  Those of similar recognized and learned professions;
(3)
General business offices may include any business office in which the majority of personal client contact will occur off the premises. These offices may include the following:
1. (A)
  Real estate sales agents;
2. (B)
  Insurance sales agents; and
3. (C)
  Travel agents;
(4)
All offices shall be located and constructed in a manner which protects tenants of the building from noise and traffic, and maximizes their privacy;
(5)
All offices shall be located in a single building and not above ground level at the front of the building;
(6)
There shall be no separate entrance to the offices directly from outside the building;
(7)
One freestanding sign identifying the offices may be permitted in accordance with Section 27-616;
(8)
Off-street parking and loading areas shall be provided for all offices, in addition to those provided for the residential uses. As a part of the approval of the Special Exception, the Council may allow a reduction in this number of required spaces. The reduction shall be based on either:
1. (A)
  The percentage of office space to be used only to serve residents; or
2. (B)
  The availability of parking for offices, because during the times the offices need the spaces, the residents do not need them; and
(9)
No individual office shall exceed three thousand (3,000) square feet of gross floor area.

(CB-73-1985)

Effective on: 1/1/1901

Sec. 27-387. Office (other than accessory to another use).

(a)

An office not accessory to another use may be permitted in the I-4 Zone, subject to the following:

(1)
An impact statement shall be provided, setting forth:
1. (A)
  The nature of the business to be conducted in the office;
2. (B)
  The maximum number of persons expected to be on the premises at any one time;
3. (C)
  The number of traffic trips expected to be generated during the arrival and departure times of employees, and during the peak hours of business; and
4. (D)
  Evidence in support of the information requested in (B) and (C), above;
(2)
A medical practitioner's office may include a private spa.
(3)
The District Council shall find that:
1. (A)
  The use is in keeping with the purpose of the I-4 Zone; and
2. (B)
  The use will not create, or substantially contribute to, traffic problems in the area, when compared with other uses permitted in the I-4 Zone.

Effective on: 1/1/1901

Sec. 27-388. Outdoor display of merchandise.

(a)

The outdoor display of merchandise for retail sale or rental may be permitted to be located more than six (6) feet from the main building, subject to the following:

(1)
The use shall not obstruct the normal flow of pedestrian and vehicular traffic.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-389. Reserved.

Effective on: 1/1/1901

Sec. 27-390. Paper and paperboard products.

(a)

The manufacturing of paper and paperboard products may be permitted, subject to the following:

(1)
All operations shall be located in a wholly enclosed building;
(2)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation;
2. (B)
  The provisions proposed for the control of noxious odors;
3. (C)
  The pollution control measures to be taken;
4. (D)
  The compatibility of the use with the surrounding area.

Effective on: 1/1/1901

Sec. 27-391. Paper recycling collection center.

(a)

The collection, storage, and shipping of recyclable paper may be permitted, subject to the following:

(1)
The subject property shall have frontage on, and direct vehicular access to, an existing street with sufficient capacity to accommodate the type and amount of traffic expected to be generated by the proposed use;
(2)
All operations shall be confined to the interior of a wholly enclosed building. There shall be no outdoor storage;
(3)
The property shall be kept clean and free from debris;
(4)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation;
2. (B)
  The proposed hours of operation;
3. (C)
  The type and amount of traffic expected to be generated; and
4. (D)
  The compatibility of the use with the surrounding area;
(5)
The proposed use of the subject property shall be appropriate, given the nature of development and uses of adjacent properties and in the general neighborhood.

Effective on: 1/1/1901

Sec. 27-392. Parking lot (required) serving adjacent Commercial or Industrial Zone.

(a)

A parking lot which serves a use in an adjacent commercial or industrial zone may be permitted, subject to the following:

(1)
The land proposed for the lot shall either immediately adjoin, or be directly across the street from, the commercially or industrially zoned land to be served;
(2)
The parking lot shall contain not more than one hundred (100) parking spaces, or twenty percent (20%) of the minimum number of spaces required by PART 11, whichever is less;
(3)
The parking lot shall be necessary in order to comply with the minimum requirements of PART 11; and
(4)
The District Council may require additional landscaping and screening to protect adjacent properties against intrusion.

Effective on: 1/1/1901

Sec. 27-393. Parking lot, commercial.

(a)

A commercial automobile parking lot may be permitted, subject to the following:

(1)
The location of driveways or access points will not endanger pedestrians or create traffic hazards;
(2)
No storage, dismantling, or demolition of vehicles shall take place on the premises; and
(3)
In the C-A Zone, the parking lot shall be located within two (2) miles of a Metro rapid transit station, with shuttle service provided to the station.

Effective on: 1/1/1901

Sec. 27-394. Parking of commercial vehicles.

(a)

A commercial vehicle having a manufacturer's gross vehicle weight specification of greater than 17,000 pounds may be permitted, subject to the following:

(1)
Where possible, the vehicle should be parked at least three hundred (300) feet from any dwelling on any adjoining lot, existing at the time of application;
(2)
The applicant shall demonstrate that the anticipated noise levels will not be detrimental to the use of adjacent properties; and
(3)
The vehicle shall be adequately screened from adjacent residentially zoned properties.

(CB-3-1985; CB-35-1993)

Effective on: 1/1/1901

Sec. 27-394.01. Pawnshop.

(a)

A pawnshop may be permitted by Special Exception, subject to the following:

(1)
The structure in which the use is proposed shall be located at least three hundred (300) feet from any school, library, park, recreational facility, and historic site, resource, or district identified on the current Adopted Historic Site and District Plan, or National Register Site or Historic District.
(2)
As a part of the Special Exception approval, the Council may impose other reasonable requirements deemed necessary to safeguard the health, safety, morals, and general welfare of the community, taking into account the character of surrounding properties and the general neighborhood and any other uses on the subject property.
(3)
No Special Exception shall be permitted for a pawnshop located within 2,000 feet of another pawnshop.
(4)
Parking of motor vehicles pledged as collateral permitted on the subject property shall be in addition to parking required pursuant to PART 11.

(CB-28-1997)

Effective on: 1/1/1901

Sec. 27-395. Planned retirement community.

(a)

A planned retirement community may be permitted, subject to the following criteria:

(1)
Findings for approval.
1. (A)
  The District Council shall find that:
  1. (i)
    The proposed use will serve the needs of the retirement-aged community;
  2. (ii)
    The proposed use will not adversely affect the character of the surrounding residential community; and
  3. (iii)
    In the R-A Zone, there shall be a demonstrated need for the facility and an existing medical facility within the defined market area of the subject property.
(2)
Site plan.
1. (A)
  In addition to the requirements of Section 27-296(c), the site plan shall set forth the proposed traffic circulation patterns.
(3)
Regulations.
1. (A)
  Regulations restricting the height of structures, lot size and coverage, frontage, setbacks, density, dwelling unit types, and other requirements of the specific zone in which the use is proposed shall not apply to uses and structures provided for in this Section. The dimensions and percentages shown on the approved site plan shall constitute the regulations for a given Special Exception.
2. (B)
  The subject property shall contain at least twelve (12) contiguous acres.
3. (C)
  The average number of dwelling units per acre shall not exceed eight (8) for the gross tract area.
4. (D)
  In the R-A Zone, buildings shall not exceed three (3) stories.
5. (E)
  In the I-3 Zone, the following shall apply:
  1. (i)
    The gross tract area shall be a minimum of ninety (90) acres with at least twenty-five percent (25%) of its boundary adjoining residentially-zoned land or land used for residential purposes;
  2. (ii)
    The property shall have at least one hundred fifty (150) feet of frontage on, and direct vehicular access to, a public street;
  3. (iii)
    All buildings shall be set back a minimum of seventy-five (75) feet from all nonresidentially-zoned boundary lines or satisfy the requirements of the Landscape Manual, whichever is greater; and
  4. (iv)
    The property shall be located within two (2) miles of mass transit, regional shopping, and a hospital.
6. (F)
  In the I-3 and C-O Zones, townhouses shall comply with the design guidelines set forth in Section 27-274(a)(11) and the regulations for development set forth in Section 27-433(d).
(4)
Uses.
1. (A)
  The planned retirement community shall include a community center or meeting area, and other recreational facilities which the District Council finds are appropriate. These recreational facilities shall only serve the retirement community. The scope of the facilities shall reflect this fact. The Council may only permit a larger facility which serves more than the retirement community if the facility is harmoniously integrated with the retirement community and the surrounding neighborhood. All recreational facilities shall be constructed prior to, or concurrent with, the construction of the residential units, or in accordance with a schedule approved by the District Council;
2. (B)
  Retail commercial uses, medical uses, health care facilities, and other uses which are related to the needs of the community may be permitted.
(5)
Residents' age.
1. (A)
  Age restrictions in conformance with the Federal Fair Housing Act shall be set forth in covenants submitted with the application and shall be approved by the District Council, and filed in the land records at the time the final subdivision plat is recorded.
(6)
Recreational facilities.
1. (A)
  Covenants guaranteeing the perpetual maintenance of recreational facilities, and the community's right to use the facilities, shall be submitted with the application. The covenants shall be approved by the District Council, and shall be filed in the land records at the time the subdivision plat is recorded. If the recreational facilities are to be part of a condominium development, a proposed condominium declaration showing the recreational facilities as general common elements shall be approved by the District Council, and shall be recorded (pursuant to Title II of the Real Property Article of the Annotated Code of Maryland) at the time the subplat is recorded.

(CB-144-1987; CB-1-1989; CB-77-1991; CB-89-1999; CB-22-2002; CB-78-2005)

Effective on: 1/1/1901

Sec. 27-396. Private school.

(a)

A private school which offers instruction at levels above the sixth grade may be permitted, subject to the following:

(1)
There is a demonstrated need for the proposed use in the area;
(2)
The proposed site is of sufficient size to properly accommodate a school of the type proposed without adversely affecting abutting land uses;
(3)
No private school shall be located in a multifamily dwelling or in any building of a multifamily project;
(4)
The Council may specify the maximum number of students to be enrolled, which may not be increased by State or local health, education, or fire regulations; and
(5)
If the school offers general academic instruction below college level, an outdoor play area (or other outdoor activity area) shall be provided, which shall have a usable space of at least one hundred (100) square feet per student. This area shall be located at least twenty-five (25) feet from any dwelling on an adjoining lot, and shall be enclosed by a substantial wall or fence at least five (5) feet high.

(b)

A private school which offers a partial or complete program of elementary school (including kindergarten) or nursery school may be permitted, subject to the following:

(1)
The Council may specify the maximum number of children to be enrolled, which may not be increased by State or local health, education, or fire regulations;
(2)
An outdoor play area shall be provided, which shall have a usable space of at least one hundred (100) square feet per child. This area shall be located at least twenty-five (25) feet from any dwelling on an adjoining lot, and shall be enclosed by a substantial wall or fence at least three (3) feet high;
(3)
No private school, other than a nursery school, shall be located in any multifamily dwelling or in any building of a multifamily project;
(4)
In the C-W, C-M, I-1, I-2, and I-4 Zones, a day care center for children shall be allowed only if the Council finds that existing development and uses in the neighborhood (particularly on adjacent properties) will not adversely affect the proposed use.

(c)

In addition to the requirements of Section 27-296(c), the site plan shall show:

(1)
The character of the proposed use;
(2)
The proposed enrollment;
(3)
The location of all dwellings located on adjoining lots; and
(4)
The location and size of outdoor play (or activity) areas.

(d)

(e)

(f)

(1)
An additional medical use may locate on the campus of an existing private school, as a permitted use, and shall not require an amendment to the approved Special Exception for the private school use, provided that the additional medical use is located within a building on the private school campus that was constructed prior to January 1, 2016.
(2)
If additional parking is required to accommodate the additional medical use, the parking may be approved in accordance with the provisions of Section 27-325 of this Subtitle.
(3)
An amendment to an approved Special Exception for a private school is required for an additional medical use on the campus of an existing private school that is located within a building constructed after January 1, 2016, or located within an addition to an existing building on the private school campus, in accordance with Section 27-324 of this Subtitle.

(CB-133-1984; CB-28-1985; CB-33-1985; CB-23-1988; CB-1-1989; CB-98-2015)

Effective on: 1/1/1901

Sec. 27-397. Public utility use or structure.

(a)

A public utility use or structure may be permitted, subject to the following:

(1)
The use, at the location selected, is necessary for public convenience and service, and cannot be supplied with equal public convenience if located elsewhere;
(2)
Public utility buildings and structures in any Residential Zone, or on land proposed to be used for residential purposes, in a Planned Community Zone shall (whenever feasible) have the exterior appearance of residential buildings;
(3)
Overhead lines, poles, radio or television transmitter towers, and other towers shall not be located in airport approach areas; and
(4)
In Residential Zones, or on land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan, telephone, radio, or television transmission towers shall be set back (from the boundary line of the Special Exception) a distance equal to its height (measured from its base) plus fifty (50) feet.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-398. Racetracks, pari-mutuel.

(a)

A pari-mutuel racetrack (for horse racing) may be permitted, subject to the following:

(1)
The subject property shall contain at least one hundred (100) contiguous acres;
(2)
A racetrack may be used for any of the following:
1. (A)
  Temporary living accommodations, such as trailer pads, mobile homes, and utility hookups, which are used during the permitted racing season by employees, horsemen, owners, or other persons employed in connection with the racetrack, and their families, for not more than two hundred eighteen (218) cumulative days per calendar year;
2. (B)
  One (1) circus and one (1) fair per calendar year (in addition to benefit functions and performances permitted below), not to exceed a twenty (20) calendar-day period for each;
3. (C)
  Trade shows, such as automobile, boat, agricultural, and science shows; exhibitions such as art, handicraft, or antique shows; auctions, flea markets, fashion shows, beauty pageants;
4. (D)
  Dog, cat, horse shows, and rodeos;
5. (E)
  Government-sponsored events and educational conferences;
6. (F)
  Benefit functions (including but not limited to carnivals and bazaars) sponsored and managed by charitable, patriotic, fraternal, educational, religious, political, or civic organizations that are local to or serve Prince George's County;
7. (G)
  Dinner theaters;
8. (H)
  Tennis, handball, and other racquet facilities; horse boarding and horse riding instruction, track meets, and jousting tournaments; and
9. (I)
  Accessory buildings and uses.
(3)
The Zoning Enforcement Officer shall investigate all complaints about uses and shall forward a report on them (with or without recommendation) to the District Council. The District Council may, after giving notice to the property owner and following a public hearing held by the Zoning Hearing Examiner in accordance with Section 27-129, revoke, suspend, modify, or impose conditions upon any of the uses granted, upon a finding that the use adversely affects the health or safety of the residents or workers in the area or is detrimental to the use or development of adjacent properties or the general neighborhood. The following procedures shall apply:
1. (A)
  After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council.
2. (B)
  Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council.
3. (C)
  Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.

(CB-94-1984; CB-33-1985; CB-56-1993; CB-1-2004)

Effective on: 1/1/1901

Sec. 27-399. Real estate sales office.

(a)

The offices of not more than two (2) real estate brokers, agents, or salesmen may be permitted, subject to the following:

(1)
At least one (1) of the brokers, agents, or salesmen shall be a bona fide resident of the dwelling;
(2)
Suitable office space is not available within the general vicinity;
(3)
At least fifty percent (50%) of the gross floor area of the dwelling shall be devoted to residential use;
(4)
The use shall not alter the residential character or appearance of the premises; and
(5)
Not more than one (1) nonresident clerical assistant may be employed on the premises.

(b)

A use and occupancy permit shall be required for this use.

Effective on: 1/1/1901

Sec. 27-400. Recreational campground.

(a)

A recreational campground may be permitted, subject to the following:

(1)
The campground shall be reasonably accessible to an improved public street, and access shall not be by means of streets internal to residential subdivisions for one-family dwellings. Access to campsites shall be provided by well-maintained driveways within the campground. No vehicular access shall be located within three hundred (300) feet of any school, fire station, or hospital;
(2)
The subject property shall contain at least five (5) acres;
(3)
Active recreational areas, consisting of facilities such as swimming pools, children's playgrounds, fishing and boating ponds, shuffleboard courts, tennis courts, bike trails, and golfing facilities shall take up at least ten percent (10%) of the gross campground area, and shall be located at least fifty (50) feet from all boundary lines of the Special Exception.
(4)
Camping trailers shall be parked only on designated campsites, which shall be at least thirty (30) feet wide and contain at least one thousand six hundred (1,600) square feet each. No campsite shall be located less than one hundred (100) feet from any street line or fifty (50) feet from any other boundary line of the Special Exception or any structure (other than a utility structure or campsite shelter) in the campground;
(5)
Retail, service, and commercial recreational activities (including a public spa), which only serve the customary needs of campers, are permitted, provided that:
1. (A)
  The uses are secondary to the campground;
2. (B)
  The uses are internally oriented;
3. (C)
  The uses do not have direct access to a public street; and
4. (D)
  The uses do not display separate signs (from any signs for the campground) which are visible from a street;
(6)
No camping trailer shall be located in a recreational campground for an indefinite period of time. No camping trailer temporarily parked in a campground may be occupied for more than three (3) months in any twelve (12) month period. The wheels of a camping trailer may only be removed for temporary purposes of repair or to attach the trailer to the ground for stabilization;
(7)
Campsites shall not be located on slopes which exceed fifteen percent (15%). Existing vegetation shall be cleared only when necessary for campground facilities and only in accordance with the approved site plan; and
(8)
In addition to the requirements of Section 27-296(c), the site plan shall show:
1. (A)
  The physical characteristics of the site (including existing and planned topography and major stands of trees);
2. (B)
  The proposed type and location of campsites (including designated walk-in sites);
3. (C)
  Proposed pedestrian pathways and bikeways; and
4. (D)
  A description of the utilities to be provided.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-401. Recycling plant.

(a)

A recycling plant for textiles, rubber products, nonferrous metals, or miscellaneous materials may be permitted, subject to the following;

(1)
All operations shall be confined to the interior of a wholly enclosed building;
(2)
There shall be no outside storage of materials used in the operation;
(3)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation;
2. (B)
  The provisions proposed for control of any noxious odors;
3. (C)
  The pollution control measures to be taken; and
4. (D)
  The compatibility of the use with the surrounding area.

Effective on: 1/1/1901

Sec. 27-402. Retail sales and consumer service establishments.

(a)

Retail sales and consumer service establishments may be permitted in a multifamily dwelling or apartment hotel, subject to the following:

(1)
The lot upon which the multifamily dwelling or apartment hotel is located shall contain at least eight (8) contiguous acres;
(2)
The establishments shall be limited to a drug store, amusement arcade (five hundred (500) square foot maximum), sauna, solarium, reducing/ exercise salon, health club, newsstand, barber shop, beauty shop, valet shop, delicatessen, and eating and drinking establishment;
(3)
The establishments shall primarily serve the residents of the multifamily dwelling or project;
(4)
All of the establishments shall be located in a single building;
(5)
The establishments shall not be located above the ground level floor at the front of the building, except eating and drinking establishments, saunas, solariums, and health clubs, which may be located on the top floor of the same building in which the other establishments (if any) are located;
(6)
There shall be no separate entrance directly from the outside of the building to any of the establishments;
(7)
No sign indicating the existence of the establishments shall be visible from outside the building;
(8)
The establishments shall be located and constructed in a manner which protects the tenants of the building from noise and traffic, and maximizes their privacy;
(9)
Deliveries from the establishments shall be made only to residents or occupants of the building or development;
(10)
No group of retail sales establishments shall be considered an "integrated shopping center"; and
(11)
Off-street parking and loading areas shall be provided for all such establishments, in addition to those provided for the residential uses. As a part of the approval of the Special Exception, the Council may allow a reduction in this number of required spaces when the establishments will be used only by residents.

(CB-73-1985)

Effective on: 1/1/1901

Sec. 27-403. Riding stable.

(a)

A riding stable may be permitted as a temporary Special Exception, if adjacent areas are predominantly undeveloped.

(b)

The District Council shall determine the period of time for which the Special Exception is valid.

(c)

A riding stable may be permitted in the V-L and V-M Zones, provided the District Council finds that the proposed use:

(1)
Preserves the agricultural land, open space, scenic vistas, and environmental features of the area;
(2)
Complements the natural characteristic of the area; and
(3)
Provides enjoyment or recreational activities, including passive recreational activities, for the residents of the Zone.

(CB-117-1991; CB-10-1992)

Effective on: 1/1/1901

Sec. 27-404. Rifle, pistol, or skeet shooting range.

(a)

In the O-S, R-A, and R-R Zones, a pistol or outdoor rifle or skeet shooting range may be permitted, if adjacent areas are predominantly undeveloped.

(b)

In the C-S-C Zone, an indoor pistol or rifle range may be permitted, subject to the following:

(1)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the proposed operation;
2. (B)
  Provisions to be taken for soundproofing and safety; and
3. (C)
  The compatibility of the use with the surrounding uses and the general neighborhood;
(2)
The use shall be incidental to a sporting goods shop;
(3)
The use shall be wholly enclosed;
(4)
The proposed safety measures are adequate, taking into account the location of the proposed use, the scope of the operation, and the nature and proximity of surrounding uses.

Effective on: 1/1/1901

Sec. 27-404.01 Reserved.

Editor's note(s)—CR-81-2012 repealed the enactment of CB-18-2007 regarding "Rural Entertainment Park", (Chapter 10, 2007 Laws of Prince George's County, Maryland), effective October 16, 2012.

CB-107-2012 repealed the enactment of CB-18-2007 regarding "Rural Entertainment Park" (Chapter 10, 2007 Laws of Prince George's County, Maryland), effective November 20, 2012.

Effective on: 1/1/1901

Sec. 27-405. Sand and gravel wet-processing.

(a)

Wet-processing of sand and gravel (including only washing, screening, classifying, crushing, and stockpiling of natural materials), may be permitted, subject to the criteria below:

(1)
The subject property shall contain at least fifty (50) contiguous acres. This minimum acreage requirement may be waived by the District Council, provided the property has direct vehicular access to an existing four (4) lane highway.
(2)
Initially, the Special Exception shall be valid for twenty (20) years, unless the District Council grants some lesser time period. Extensions of specific periods may be granted if a new Special Exception application is filed and no substantial adverse impact is found in the continuation of the use. When the subject property is in a Residential Zone, extensions of time may be granted only where the area surrounding the property is not substantially developed with incompatible uses;
(3)
Fixed installations that involve washing, screening, classifying, and crushing facilities, and parking and storage areas for trucks and heavy equipment, shall be located at least four hundred (400) feet from all boundary lines of the subject property; fixed installations that involve automobile parking, and settling ponds shall be located at least two hundred (200) feet from all boundary lines of the subject property; and nonstructural installations that involve stockpiles of natural material shall be located at least three hundred (300) feet from all boundary lines of the subject property. The District Council may waive the three hundred (300) foot setback for stockpiles of natural material when it determines that adequate screening and buffering are being provided.
(4)
The site plan and information accompanying the application for Special Exception shall be reproducible, or twelve (12) copies shall be submitted. In addition to the requirements of Section 27-296(c), the site plan shall show:
1. (A)
  The location of all washing, screening, classifying, and crushing facilities;
2. (B)
  The location of all natural material stockpiles;
3. (C)
  The internal traffic circulation system;
4. (D)
  The parking and storage areas for all vehicles and equipment;
5. (E)
  The settling ponds and water bodies;
6. (F)
  The source of water to be used in the operation; and
7. (G)
  The identification of the trucks and heavy equipment to be used in the plant operation.
(5)
All applications for Special Exception shall be accompanied by the following:
1. (A)
  A stormwater concept plan approved pursuant to Section 4-322 of this Code;
2. (B)
  A preliminary noise assessment;
3. (C)
  A horizontal profile illustrating all structures and stockpiles; and
4. (D)
  A grading plan that illustrates existing and proposed topography.
(6)
At least thirty (30) calendar days prior to the hearing before the Zoning Hearing Examiner, the applicant shall file a traffic analysis with the Zoning Hearing Examiner for inclusion with the original application, and send a copy to the Planning Board. The traffic analysis shall include the volume of traffic expected to be generated by the operation, and shall identify the streets to be used between the site and the nearest other street (to be used) that has a minimum paved width of twenty-four (24) feet for the predominant length of the street.
(7)
Driveways for ingress and egress shall be identified on the site plan, and shall be located so as to not endanger pedestrians or create traffic hazards. The applicant shall identify the dust-control measures to be used on the driveways and the interior traffic circulation system. Any ingress or egress driveway shall have a minimum width of twenty-two (22) feet, and shall be paved for a distance of at least two hundred (200) feet from the boundary line of the Special Exception.
(8)
The Technical Staff Report prepared in response to the application shall include a current, Countywide inventory of the locations, dates of approval, and conditions of approval concerning haul routes and estimated loads per day, for all approved and pending Special Exceptions for sand and gravel wet-processing, sanitary landfills and rubble fills, and surface mining, as indicated by the record in the case. The inventory shall also include the locations of all nonconforming sand and gravel wet-processing, sanitary landfills and rubble fills, and surface mining operations throughout the County that were certified after September 6, 1974.

(b)

In reviewing the application, the District Council shall consider the use of techniques which provide for noise attenuation.

(c)

All information required as part of the Special Exception application shall be referred to the Prince George's County Department of Public Works and Transportation, Prince George's County Soil Conservation District, Washington Suburban Sanitary Commission, Prince George's County Department of Permitting, Inspections, and Enforcement, Maryland State Highway Administration, and Maryland State Water Resources Administration for comment. These agencies shall be given forty-five (45) days to reply. A copy of the same information shall also be submitted to the Sand and Gravel Advisory Committee.

(d)

Wash plants, including ponds, spoil sites, and equipment, are prohibited within the Buffer, as defined in the Conservation Manual, in any of the Chesapeake Bay Critical Area Overlay Zones.

(e)

(CB-16-1984; CB-45-1986; CB-72-1987; CB-1-1989; CB-3-1990; CB-29-2014)

Effective on: 1/1/1901

Sec. 27-405.01. Class 3 fills.

(a)

A Class 3 fill may be permitted as a temporary Special Exception, subject to the following:

(1)
Within one hundred and twenty (120) days after an application for a Class 3 fill is accepted by the Planning Board, the Zoning Hearing Examiner shall conduct a public hearing. The Zoning Hearing Examiner's written decision on an application shall be issued within thirty (30) days after the public hearing. Where the District Council makes the final decision, the Council's final order shall be issued within sixty (60) days of the Examiner's decision.
(2)
Initially, a Special Exception for a new Class 3 fill shall be valid for five (5) years, unless the District Council grants some lesser time period. Extensions of specific periods may be granted not to exceed five (5) years. At least one calendar year prior to the expiration of a Special Exception for a Class 3 fill, a request for an extension shall be filed with the Zoning Hearing Examiner. The applicant shall also send a copy of the request, in accordance with the informational mailing requirements of Section 27-125.01, to all adjoining property owners and civic associations. The Examiner shall conduct a public hearing in accordance with all requirements and procedures for the initial application. The filing fee for the extension shall be one-half the amount of the fee for a new application.
(3)
If a proposed Class 3 fill includes a rock crusher or other processing equipment, its location shall be shown on the site plan.
(4)
A traffic report, prepared in accordance with the Planning Board's "Guidelines for the Analysis of the Traffic Impact of Development Proposals," shall be submitted with the application and shall include an analysis of haul routes for the truck traffic generated by the use.
(5)
The subject property shall not be located within a three (3) mile radius of properties containing an active or pre-existing approved or non-conforming Class 3 fill, sanitary landfill, transfer station, rubble fill, recycling facility, mining facility, sludge facility, processing facility, sand and gravel operation, or wash plant.
(6)
Fill operations shall not be located within five hundred (500) feet of an existing residence, school, day care center, church, hospital, nursing home/assisted living facility or community center.
(7)
A Class 3 fill shall meet the buffering and screening requirements of the Landscape Manual, shall have a one hundred (100) foot non-disturbance buffer from all property lines, and shall include landscaping or berms sufficient to screen fill operations from adjoining residentially-zoned property, property containing a use listed in Subsection (a)(6), and public streets or highways. All berms and landscaping shall be installed in the initial phase of development, before fill is placed on site.
(8)
The height limitations for the fill operation shall be determined during Special Exception review. No slope grade may exceed 3:1.
(9)
The fill operation shall have a staging area with equipment for cleaning truck wheels and a minimum twenty-two (22) foot paved access road designed to accommodate no more than twenty-five (25) trucks.
(10)
The site entrance shall have a gate which is locked when the fill is not in operation. Hours and days of operation shall be limited as part of the Special Exception review.
(11)
Site or operational personnel shall be on site during hours of operation.
(12)
The site shall have proper signage showing the name of the operator, the permit number, hours of operation, telephone number of the operator, as well as provide directional signs for internal truck traffic and haul routes. The site plan shall also provide for final reclamation and stabilization of the site at the cessation of the fill operation.
(13)
The Department of Permitting, Inspections, and Enforcement shall conduct semi-annual site inspections for Class 3 fill sites and prepare a written report on the evaluation of the operations on the site, which shall include all indications of noncompliance with all County and State regulations. A copy of the report shall be provided to the County Council and shall also be available for review by the public.
(14)
A haul road permit shall be obtained from the County Department of Permitting, Inspections, and Enforcement prior to issuance of any grading or building permits related to proposed Class 3 fill sites.
(15)
A street construction permit shall be obtained from the County Department of Permitting, Inspections, and Enforcement prior to issuance of any grading or building permits related to proposed Class 3 fill sites.

(CB-87-2003; CB-29-2014; CB-20-2018)

Effective on: 1/1/1901

Sec. 27-406. Sanitary landfill; rubble fill.

(a)

A sanitary landfill or rubble fill may be permitted as a temporary Special Exception.

(b)

The District Council shall determine the period of time for which the Special Exception is valid.

(c)

(d)

An application for a sanitary landfill or rubble fill that includes a "rock crusher" on the site must show the location of the proposed rock crusher on the site plan.

(e)

The applicant shall provide a traffic study that is prepared in accordance with Planning Board Guidelines for Analysis of Traffic Impact of Development Proposals.

(f)

The applicant shall provide a visual analysis of any proposed mounds and should include cross sections and results from balloon tests.

(g)

The applicant shall address how odors emanating from fill materials will be mitigated.

(h)

(i)

(j)

(k)

(CB-15-1990; CB-3-1990; CB-85-1992; CB-8-2003; CB-28-2005)

Effective on: 1/1/1901

Sec. 27-406.01. Satellite dish antenna.

(a)

(b)

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

Effective on: 1/1/1901

Sec. 27-407. Sawmill.

(a)

A sawmill for the cutting of timber grown on the premises may be permitted as a temporary Special Exception, subject to the following:

(1)
The District Council shall determine the period of time for which the Special Exception is valid;
(2)
No machinery shall be located less than fifty (50) feet from any boundary line of the Special Exception;
(3)
All machinery shall be secured against unauthorized use; and
(4)
After the removal and cutting of timber, all debris and sawdust piles shall be removed, and the premises shall be left in a sightly condition.

Effective on: 1/1/1901

Sec. 27-407.01. Seafood market.

(a)

A seafood market may be permitted, subject to the following:

(1)
The applicant shall show a need for the use in the neighborhood;
(2)
The size and location of, and access to, the establishment shall be oriented toward meeting the needs of the neighborhood;
(3)
The proposed use shall not unduly restrict the availability of land, or upset the balance of land use, in the area for other allowed uses;
(4)
In the I-1 and I-2 Zones, the proposed use shall be located in an area which is developed, or proposed for development, with a concentration of industrial or office uses;
(5)
The retail sale of alcoholic beverages from a seafood market approved in accordance with this Section is prohibited.

(CB-49-1987)

Effective on: 1/1/1901

Sec. 27-407.02. Skating facility.

(a)

A skating facility may be permitted, subject to the following:

(1)
The use is proposed on a site comprising at least five (5) gross acres.
(2)
The main building on the site shall be set back at least one hundred (100) feet from all property lines.
(3)
All required parking shall be provided on-site, unless off-site parking on an abutting lot is provided.
(4)
Any ancillary restaurant shall be entirely integrated within the skating facility, and shall not have access from the exterior of the skating facility.
(5)
The skating facility shall be wholly enclosed. Special noise attenuation measures shall be considered on all walls facing land in a residential zone or land used for residential purposes.

(b)

(CB-89-1994)

Effective on: 1/1/1901

Sec. 27-408. Smoking and curing of food products; pickling processes.

(a)

The smoking and curing of food products and pickling processes may be permitted, subject to the following:

(1)
All operations shall be confined to the interior of a wholly enclosed building; and
(2)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation;
2. (B)
  The provisions to be made for control of noxious odors;
3. (C)
  The pollution control measures to be taken; and
4. (D)
  The compatibility of the use with the surrounding area.

Effective on: 1/1/1901

Sec. 27-409. Soap, cleaner, polish, sanitation products, bleach, or detergent manufacturing.

(a)

The manufacturing of soaps, cleaners, polishes, sanitation products, bleaches, or detergents may be permitted, subject to the following:

(1)
All operations shall be confined to the interior of a wholly enclosed building;
(2)
There shall be no outside storage of raw materials or finished products;
(3)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation;
2. (B)
  The provisions to be made for control of noxious odors;
3. (C)
  The pollution control measures to be taken; and
4. (D)
  The compatibility of the use with the surrounding area.

Effective on: 1/1/1901

Sec. 27-409.01. Spa, community.

A community spa may be permitted, subject to the requirements of Section 27-411 applicable to community swimming pools.

Effective on: 1/1/1901

Sec. 27-409.02. Spa, public.

(a)

A public spa may be permitted, subject to the following:

(1)
No person under the age of sixteen (16) years shall be admitted into the establishment, unless accompanied by a parent or guardian;
(2)
At least one (1) person with a current Advanced First Aid Certificate issued by the American Red Cross, or its equivalent, shall be on the premises at all times during operation; and
(3)
The proposed use shall not constitute a nuisance because of noise, physical activity, or other cause.

Effective on: 1/1/1901

Sec. 27-409.03. Stationery or office supply corporate headquarters (including office, showroom, and distribution).

(a)

A stationery or office supply corporate headquarters including an office, showroom, and distribution (with no retail sales), may be permitted in the C-O Zone subject to the following:

(1)
The use shall be located in an office building complex on at least twenty (20) contiguous acres of C-O zoned property;
(2)
The maximum total floor area devoted to a warehouse-showroom shall not exceed 100,000 square feet;
(3)
The maximum floor area ratio of the warehouse-showroom per lot (including floodplain) shall not exceed .36;
(4)
Of the total floor area of combined office and warehouse-showroom use in any one building the maximum floor area allocated to the warehouse-showroom component shall not exceed eighty percent (80%); and
(5)
Any building containing the warehouse-showroom shall be located at least two hundred seventy-five (275) feet from any land in any Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan.

(CB-116-1986)

Effective on: 1/1/1901

Sec. 27-410. Surface mining.

(a)

The surface mining of natural materials or deposits (including sand, gravel, or clay pits; rock or stone quarries; and the removal of earth or topsoil) may be permitted, subject to the following:

(1)
Heavy machinery may be used for the extraction of natural material or deposits from the site. Except in the I-2 Zone, heavy machinery may not be used for washing, refining, or other processing, unless a Special Exception is granted for sand and gravel wet-processing under the provisions of Section 27-405;
(2)
The use shall not be noxious, offensive, or otherwise objectionable by reason of dust, smoke, or vibration;
(3)
The land areas exposed by the extraction and removal of natural materials or deposits shall be left suitable for development. A grading plan shall be submitted (along with the site plan) showing the existing and proposed ground elevations of the site, adjacent land, and all abutting streets. The exposed land area shall have a slope not greater than three-to-one (3:1), except where any portion of the site is developed for port or harbor facilities;
(4)
The Special Exception shall be valid for not longer than five (5) years, except where the use is located:
1. (A)
  In an R-R Zone which is predominantly undeveloped for a radius of one (1) mile from the operation; or
2. (B)
  In an I-2 Zone;
(5)
In addition to the requirements of Section 27-296(c), the site plan shall show an estimate of the time required for the removal of the material;
(6)
At least sixty (60) calendar days prior to the hearing before the Zoning Hearing Examiner, the applicant shall file a traffic analysis with the Zoning Hearing Examiner for inclusion in the record, and shall send a copy to the Planning Board. The traffic analysis shall include the volume of traffic expected to be generated by the operation, and shall identify the streets to be used between the site and the nearest street (to be used) that has a minimum paved width of twenty-four (24) feet for the predominant length of the street;
(7)
Driveways or access points shall be identified on the site plan, and shall be located so as not to endanger pedestrians or create traffic hazards. The surface material to be used on the driveways shall be identified on the site plan. Any access driveway shall be at least twenty-two (22) feet wide, and shall be paved for a distance of at least two hundred (200) feet from the boundary line of the Special Exception.
(8)
The Technical Staff Report prepared in response to the application shall include a current, Countywide inventory of the locations, dates of approval, and conditions of approval concerning haul routes and estimated loads per day for all approved and pending Special Exceptions for sand and gravel wet-processing, sanitary landfills and rubble fills, and surface mining, as indicated by the record in the case. The inventory shall also include the locations of all nonconforming sand and gravel wet-processing, sanitary landfills and rubble fills, and surface mining operations throughout the County that were certified after September 6, 1974.

(b)

(c)

(d)

In reviewing the application, the District Council shall consider the use of techniques which provide for noise attenuation.

(e)

On land which is located within a Chesapeake Bay Critical Area Overlay Zone, development is subject to Subtitle 5B.

(f)

(CB-16-1984; CB-72-1987; CB-1-1989; CB-3-1990; CB-93-1992; CB-76-2010)

Effective on: 1/1/1901

Sec. 27-411. Swimming pools; community.

(a)

A community swimming pool may be permitted, subject to the following:

(1)
The swimming pool (including the apron, filtering and pumping equipment, and buildings) shall be located at least:
1. (A)
  Seventy-five (75) feet from land in a Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan;
2. (B)
  Twenty-five (25) feet from land in a Commercial or Industrial Zone, or land proposed to be used for commercial or industrial purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan; and
3. (C)
  One hundred twenty-five (125) feet from an existing dwelling on an adjacent lot.
(2)
The use of any public address or other loudspeaker system shall be restricted to that necessary for safety purposes, and shall not be used for the playing of music of other entertainment.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-412. Taxicab dispatching station.

(a)

A taxicab dispatching station may be permitted, subject to the following:

(1)
No dismantling or demolition of vehicles shall take place on the premises.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-413. Temporary structures and uses; wayside stands.

(a)

(1)
Adequate access, setbacks, parking facilities, and screening shall be provided; and
(2)
The Special Exception shall be valid for not longer than five (5) years. The District Council, upon application and without a public hearing, may grant extensions of time, not to exceed three (3) years for each extension.

(b)

Wayside stands, and the display of goods, shall be located not less than twenty-five (25) feet from a street line.

(c)

Effective on: 1/1/1901

Sec. 27-414. Theater, outdoor (drive-in).

(a)

An outdoor (including a drive-in) theater may be permitted, subject to the following:

(1)
The subject property shall contain at least five (5) contiguous acres;
(2)
The motion picture screen shall be oriented away from both developed residential areas and abutting streets;
(3)
The use shall be enclosed by a solid, sightly, light-tight wall or fence at least eight (8) feet high, of a type approved by the District Council;
(4)
The fence shall not be constructed of corrugated metal or fiberglass, or sheet metal;
(5)
The parking area within the theater shall be designed to prevent headlights from shining onto adjacent properties; and
(6)
There shall be no amplified sound system used on the premises, except for emergency situations, traffic direction, and the small, individual speaker boxes to be attached to patrons' vehicles.

Effective on: 1/1/1901

Sec. 27-415. Tourist cabin camp.

(a)

A tourist cabin camp may be permitted, subject to the following:

(1)
The subject property shall contain at least five (5) contiguous acres;
(2)
The camp property shall be at least two hundred (200) feet from any permanent residential building, unless separated by a street, railroad, river, hedge, fence, or other similar natural or artificial barrier deemed adequate by the District Council. In this case, the distance may be reduced to fifty (50) feet;
(3)
All buildings and structures shall be located at least fifty (50) feet from all boundary lines of the Special Exception;
(4)
The camp shall be laid out into tourist cabin plots, each having the following minimum dimensions:
1. (A)
  Area - 1,000 square feet;
2. (B)
  Plot width - 25 feet;
3. (C)
  Driveway frontage - 20 feet;
4. (D)
  Distance from sanitary or laundry facilities building - 20 feet;
(5)
Each tourist cabin plot shall be defined by markers at the corners;
(6)
Each cabin shall be at least fifteen (15) feet from any other cabin; and
(7)
Each plot shall contain only one (1) cabin, and no cabin shall be occupied by more persons than it was designed for.

Effective on: 1/1/1901

Sec. 27-415.01. Tobacco shops, electronic cigarette shops or a retail tobacco business.

(a)

Tobacco shops, electronic cigarette shops, or a retail tobacco business may be permitted by Special Exception, subject to the following:

(1)
The structure in which the use is proposed shall be located at least three hundred (300) feet from any school, library, park, recreational facility, and historic site, resource, or district identified on any applicable Historic Site and District Plan, a National Register Site, or an Historic District. This provision shall not apply to a Retail Tobacco Business within a Recreational or Entertainment Establishment of a Commercial Nature with Video Lottery Facility uses in accordance with Section 27-548.01.04 of this Subtitle.
(2)
In its final decision to approve a Special Exception for the use, the Council may impose other reasonable requirements deemed necessary to safeguard the health, safety, morals, and general welfare of the community, taking into account the character of surrounding properties and the general neighborhood, and any other uses on the subject property.
(3)
No Special Exception shall be permitted for a tobacco shop, electronic cigarette shop, or a retail tobacco business located within 2,000 feet of another tobacco shop, electronic cigarette shop, or a retail tobacco business. In addition, the use shall be limited to specified daily hours of operation, which shall be from 10:00 a.m. until 10:00 p.m. This provision shall not apply to a Retail Tobacco Business or Retail Tobacco Businesses within a Recreational or Entertainment Establishment of a Commercial Nature with Video Lottery Facility uses.
(4)
Tobacco shops, electronic cigarette shops or retail businesses shall not be accessory uses.

(CB-92-2015; CB-15-2017; CB-86-2018)

Effective on: 1/1/1901

Sec. 27-416. Tower, pole, monopole, or antenna.

(a)

A tower, pole, or monopole for the support of an antenna (electronic, radio, television, transmitting, or receiving) may be permitted, subject to the following:

(1)
In the Commercial and Industrial Zones, and for land in a Residential Zone owned by a public entity, the structure shall generally be set back from all property lines and dwelling units a distance equal to the height of the structure (measured from its base). The District Council may reduce the setback to no less than one-half (1/2) the height of the structure based on certification from a registered engineer that the structure will meet the applicable design standards for wind loads of the Electronic Industries Association (EIA) for Prince George's County. In the Residential Zones, on privately owned land, the structure shall be set back from all property lines and dwelling units a distance equal to the height of the structure (measured from its base);
(2)
On privately owned land, the structure shall not be used to support lights or signs other than those required for aircraft warning or other safety purposes;
(3)
Any tower or monopole which was originally used, but is no longer used, for telecommunications purposes for a continuous period of one (1) year shall be removed by the tower or monopole owner at the owner's expense; and
(4)
Any related telecommunication equipment building shall be screened by means of landscaping or berming to one hundred percent (100%) opacity.

(CB-123-1994; CB-103-1997; CB-13-1998; CB-65-2000)

Effective on: 1/1/1901

Sec. 27-416.01. Townhouses.

(a)

Townhouses may be permitted in the R-30, R-30C, R-18, and R-18C Zones subject to the following:

(1)
The Site Plan shall be designed in accordance with the guidelines set forth in Section 27-274(a)(11); and
(2)
The use shall comply with the requirements of Section 27-433.

(CB-55-1996)

Effective on: 1/1/1901

Sec. 27-416.02. Transfer station.

(a)

A transfer station may be permitted subject to the following:

(1)
Hours of operation shall occur only between 7:00 A.M. and 6:00 P.M.;
(2)
The building associated with the use shall be set back at least five hundred (500) feet from all property lines;
(3)
The applicant shall identify measures that will be taken to control any noxious and offensive odors;
(4)
All activities pertinent to the transferring of solid waste shall be conducted in a wholly enclosed building which has an impervious surface for loading and unloading solid waste, and is capable of accommodating all types of solid waste hauling vehicles; and
(5)
The use shall not commence until the State of Maryland has issued all applicable permits including, but not limited to, a transfer station permit.

(CB-71-1994; CB-55-1996)

Effective on: 1/1/1901

Sec. 27-416.03. Vehicle lubrication and tune-up facilities.

(a)

A vehicle lubrication or tune-up facility may be permitted, subject to the following:

(1)
Service activity on any motor vehicle shall be completed within twenty-four (24) hours or less, and no vehicle may be stored on the property for longer than this period;
(2)
The demolition or junking of motor vehicles is prohibited; and
(3)
The District Council shall find that the proposed use will not unduly restrict the availability of land, or upset the balance of land use, in the area for other trades and commercial uses.

(CB-43-1987; CB-55-1996)

Effective on: 1/1/1901

Sec. 27-417. Vehicle and trailer rental display.

(a)

The display for rental purposes of motor vehicles (except dump trucks), trailers, boats, camping trailers, or other vehicles may be permitted, subject to the following:

(1)
Rental vehicles shall be parked on a hard-surfaced area, which is resistant to erosion and adequately treated to prevent dust emission;
(2)
The gross weight of trucks shall not exceed twenty thousand (20,000) pounds each;
(3)
In addition to the buffering requirements in the Landscape Manual, the use shall be screened from existing or proposed residential development by a six (6) foot high opaque wall or fence. The fence or wall shall not contain any advertising material, and shall be maintained in good condition. This screening may be modified by the District Council where the parking area is already effectively screened from residential property by natural terrain features, changes in grade, or other permanent, natural, or artificial barriers.

(b)

If the rental use is in conjunction with another use, it shall be subject to the following:

(1)
A Special Exception is required to validate the rental use, irrespective of the commencement date of the use; and
(2)
Off-street parking for the use shall be provided in addition to the off-street parking required for the other business.

(c)

If the use is a totally separate business (not in connection with any other business), it shall be subject to the following:

(1)
The area devoted to rental purposes shall not be more than sixty percent (60%) of the net lot area; and
(2)
The display shall be set back at least thirty (30) feet from the street line.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-417.01. Vehicle parts and tire store (including installation).

(a)

A vehicle parts and tire store, including installation facilities, may be permitted, subject to the following:

(1)
All sales and installation operations shall be conducted within a wholly enclosed building, with no outdoor storage;
(2)
Installation activity on any motor vehicle shall be completed within forty-eight (48) hours or less. No vehicle may be stored on the property for longer than this period; and
(3)
The demolition or junking of motor vehicles is prohibited.

Effective on: 1/1/1901

Sec. 27-417.01. Vehicle, boat, mobile home, trailer, and camping trailer sales room or lot.

(a)

A motor vehicle, boat, mobile home, trailer, and camping trailer sales room or sales lot for operable vehicles may be permitted, subject to the following:

(1)
The number and type of vehicles which are permitted on the lot shall be determined on a case-by-case basis, taking into account factors such as gross vehicle weight, vehicle size, the nature of vehicles (commercial, industrial, earth-moving equipment, passenger, or other vehicle type).

Effective on: 1/1/1901

Sec. 27-417.03. Vehicle salvage yard.

(a)

A vehicle salvage yard may be permitted, subject to the following:

(1)
The use shall be enclosed by a solid, sightly, light-tight wall or fence at least eight (8) feet high, and found to be satisfactory by the District Council;
(2)
The fence shall not be constructed of corrugated metal or fiber glass, or sheet metal;
(3)
Outdoor storage shall not be visible from the ground level beyond the fence; and
(4)
Interior storage shall be located within a fireproof building.

Effective on: 1/1/1901

Sec. 27-418. Wholesaling or distribution uses.

(a)

A wholesaling or distribution use not otherwise allowed may be permitted in the I-1 Zone, subject to the following:

(1)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation; and
2. (B)
  The compatibility of the use with the surrounding area.
(2)
The District Council shall find that the proposed use is in keeping with the purposes of the I-1 Zone.

Effective on: 1/1/1901

Sec. 27-296. Application form and contents.

(a)

General.

(1)
An application for a Special Exception shall be filed with the Planning Board by the owner (or his authorized representative) of the property, except as provided for in paragraph (2), below.
(2)
In the case of an application for public utility power transmission line rights-of-way, towers, poles, conduits, pipelines, or similar facilities, an applicant shall be considered an owner (or authorized representative) if he submits an affidavit stating:
1. (A)
  That he has made a bona fide effort without success to obtain a contractual interest in the properties included in the project (for valid consideration);
2. (B)
  The efforts he has made; and
3. (C)
  That he either intends to continue negotiations or to file for condemnation proceedings if the Special Exception is granted.
(3)
All applications shall be on forms provided by the Planning Board. All information shall be typed, except for the signatures of all owners.
(4)
A single application may be filed for more than one (1) Special Exception use on the subject property.
(5)
If two (2) or more properties are included in one (1) application (except those covered by paragraph (6), below), they must be adjoining. Separate applications are required for each property if they are not adjoining. In this Section, the word "adjoining" shall include those properties which are separated by a public right-of-way, stream bed, or the like.
(6)
In the case of applications for public utility power transmission line rights-of-way, towers, poles, conduits, pipelines, and similar facilities, the properties involved do not have to be adjoining and one (1) application may be filed for all properties involved in any one (1) project.

(b)

Contents of application form.

(1)
The following information shall be included on the application:
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 requested use of the property;
3. (C)
  The street address of the property; name of any municipality the property is in; name and number of the Election District the property is in;
4. (D)
  The total area of the property (in either acres or square feet);
5. (E)
  The property's lot and block number, subdivision name, and plat book and page number, if any; or a description of its acreage, with reference to liber and folio numbers.
6. (F)
  The name, address, and signature of each owner of record of the property. Applications for property owned by a corporation must be signed by those officers empowered to act for the corporation; and
7. (G)
  The name, address, and telephone number of the correspondent.

(c)

Other submission requirements.

(1)
Along with the application, the applicant shall submit the following with all plans prepared at the same scale (where feasible):
1. (A)
  An accurate plat (prepared, signed, and sealed by a registered engineer or land surveyor) capable of being reproduced on an ozalid or similar dry-copy machine, or six (6) copies of the plat. This plat shall show:
  1. (i)
    The present configuration of the property, including bearings and distances (in feet). In the case of applications for public utility power transmission line rights-of-way, towers, poles, conduits, pipelines, and similar facilities, the applicant shall not be required to supply a metes and bounds survey of the rights-of-way, but shall show on the plat the center line (by bearings and distances) and width (in feet) of the project, so that the location of the rights-of-way can be readily determined. In this latter case, within ninety (90) days after the acquisition of each property necessary for the project, and prior to the issuance of any building permit (for the approved Special Exception use), the applicant shall complete an accurate metes and bounds survey of the property and furnish either one (1) reproducible or six (6) nonreproducible copies of the survey to the Planning Board;
  2. (ii)
    The names of the owners of record or subdivision lot and block numbers of adjoining properties;
  3. (iii)
    The name, location, distance to the center line, and present right-of-way width of all abutting streets. If the property is not located at the intersection of two (2) streets, the distance to, and the name of, the nearest intersecting street shall be indicated;
  4. (iv)
    The subdivision lot and block numbers of the subject property (if any);
  5. (v)
    A north arrow and scale (not smaller than one (1) inch equals four hundred (400) feet);
  6. (vi)
    The total area of the property (in square feet or acres);
  7. (vii)
    The location of all existing buildings on the property; and
  8. (viii)
    The subject property outlined in red.
2. (B)
  A site plan (drawn to scale) showing all existing and proposed improvements and uses on the subject property, and the use and zoning of adjacent properties. The site plan shall be in sufficient detail so that a determination can be made that the proposed use will be in compliance with all requirements of this Subtitle applicable to it. The site plan must be capable of being reproduced on an ozalid or similar dry-copy machine, or nine (9) copies of the plan must be supplied. In a Chesapeake Bay Critical Area Overlay Zone, the site plan shall be prepared in accordance with Subtitle 5B.
3. (C)
  A landscape plan shall be prepared in accordance with the provisions of the Landscape Manual. The landscape plan must be capable of being reproduced on an ozalid or similar dry-copy machine, or nine (9) copies of the plan must be supplied.
4. (D)
  Three (3) copies of the appropriate Zoning Map page on which the property is plotted to scale and outlined in red.
5. (E)
  A certificate of public convenience and necessity for a public utility power transmission line right-of-way, tower, pole, conduit, pipeline, or similar facility, if:
  1. (i)
    The actual record owner of the subject property has not signed the application; and
  2. (ii)
    A certificate is required by the State or Federal agency having jurisdiction over the public utility operation.
6. (F)
  Three (3) copies of a typewritten statement of justification in support of the request. The statement shall address the provisions of this Subtitle applicable to the requested use. The statement shall also set forth the factual reasons showing why approval of the request would not be detrimental to the public health, safety, and welfare. This statement may be accompanied by three (3) copies of any material which (in the applicant's opinion) is necessary to clarify or emphasize the typewritten statement. This additional material, if not foldable, shall be not larger than eighteen (18) by twenty-four (24) inches.
7. (G)
  A statement listing the name, and the business and residential addresses, of all individuals having at least a five percent (5%) financial interest in the property.
8. (H)
  If any owner is a corporation, a statement listing the officers of the corporation, their business and residential addresses, and the date on which they assumed their respective offices. This statement shall also list the current Board of Directors, their business and residential addresses, and the dates of each Director's term. An owner that is a corporation listed on a national stock exchange shall be exempt from the requirement to provide residential addresses of its officers and directors.
9. (I)
  If the owner is a corporation (except one listed on a national stock exchange), a statement containing the names and residential addresses of those individuals owning at least five percent (5%) of the shares of any class of corporate security (including stocks and serial maturity bonds).
10. (J)
  An approved Natural Resource Inventory.
11. (K)
  A Type 2 Tree Conservation Plan prepared in conformance with Division 2 of Subtitle 25 and the Woodland and Wildlife Habitat Conservation Technical Manual or a Standard Letter of Exemption.
12. (L)
  A statement of justification describing how the proposed design preserves and restores the regulated environmental features to the fullest extent possible; and
13. (M)
  All other data or explanatory material deemed necessary by the District Council, Zoning Hearing Examiner, or Planning Board (submitted in triplicate).
(2)
For the purposes of (G), (H), and (I) above, the term "owner" shall include not only the owner of record, but also any contract purchaser.

(d)

Acceptance.

(1)
The Planning Board shall accept for filing the application for a Special Exception upon a determination that the application complies with (b) and (c) above, and within seven (7) days of acceptance, notify the Zoning Hearing Examiner of the date of acceptance.

(CB-107-1984; CB-33-1985; CB-72-1987; CB-86-1988; CB-1-1989; CB-75-1989; CB-84-1990; CB-95-1991; CB-47-1996; CB-15-1998; CB-28-2010; CB-34-2011; CB-29-2013)

Effective on: 1/1/1901

Sec. 27-297. Reserved.

Effective on: 1/1/1901

Sec. 27-298. Amendment of application.

(a)

(1)
Amendments concerning an error, omission of fact, or other factual change not mentioned below in this Section shall be permitted at any time.
(2)
Amendments which change the total area or configuration of a property shall be made before the application is transmitted to the Council. If the area is increased, the appropriate additional filing fee shall be paid.
(3)
Amendments concerning a change in the requested use shall be accompanied by a new (revised) justification statement and shall not be permitted after the case is transmitted to the Council.
(4)
Amendments of the site plan shall not be permitted after the case is transmitted to the Council, unless the amendment has been recommended by the Technical Staff, Planning Board, or Zoning Hearing Examiner.

Effective on: 1/1/1901

Sec. 27-299. Withdrawal.

(a)

(b)

Requests made prior to the date the application is transmitted to the Council shall be directed to the Planning Board.

(c)

Requests made on or after the date the application is transmitted to the Council shall be directed to the District Council.

(d)

Requests received prior to the date of the public release of the Technical Staff Report shall be administratively granted, and the provisions of Section 27-300 shall not apply.

(e)

Requests received on or after the date of the public release of the Technical Staff Report shall be administratively granted and the provisions of Section 27-300 shall apply.

Effective on: 1/1/1901

Sec. 27-300. Reapplication.

Effective on: 1/1/1901

Sec. 27-301. Joint applications.

An application for a Special Exception may be filed or considered at the same time that a Zoning Map Amendment application on the same land is filed or considered.

Effective on: 1/1/1901

Sec. 27-302. Hearing date established.

(a)

(b)

(CB-58-1987; CB-29-2013)

Effective on: 1/1/1901

Sec. 27-303. Request to delay hearing.

(a)

(b)

(CB-123-1986; CB-29-2013)

Effective on: 1/1/1901

Sec. 27-304. Reserved.

Effective on: 1/1/1901

Sec. 27-305. Posting.

The Planning Board shall post the property with a durable sign at least sixty (60) days prior to the scheduled hearing date. Signs shall be posted in accordance with Section 27-142.01.

(CB-86-1984; CB-33-1985; CB-128-1989; CB-14-1998; CB-15-1998; CB-12-2003)

Effective on: 1/1/1901

Sec. 27-306. General publication.

(a)

(b)

One copy of the list described in this Section shall be mailed by the Planning Board on a subscription basis without charge to a Homeowners, Neighborhood, or similar Association.

(CB-125-1986)

Effective on: 1/1/1901

Sec. 27-307. Transmittal.

(CB-29-2013)

Effective on: 1/1/1901

Sec. 27-308. Public examination.

Effective on: 1/1/1901

Sec. 27-309. Referral.

(a)

(b)

(CB-58-1987)

Effective on: 1/1/1901

Sec. 27-310. Recommendation of Historic Preservation Commission.

(CB-58-1987)

Effective on: 1/1/1901

Sec. 27-311. In general.

In connection with each application for a Special Exception, the record shall include a report by the Technical Staff. This report shall include the Staff's recommendation.

Effective on: 1/1/1901

Sec. 27-312. Authority of Zoning Hearing Examiner in Special Exception cases.

(a)

The Zoning Hearing Examiner shall have the authority to approve or deny an application for Special Exception or variance in accordance with the following:

(1)
The Zoning Hearing Examiner shall have all the authority, discretion, and power given the District Council in this Part and in PART 3, Division 5, Subdivision 2, in the absence of a provision to the contrary.
(2)
The Zoning Hearing Examiner's decision on an application for Special Exception shall be final thirty (30) days after filing the written decision, except:
1. (A)
  Where timely appeal has been made to the District Council pursuant to Section 27-131;
2. (B)
  In those cases described in Sections 27-132(c)(1)(D) and 27-301. For these cases the Zoning Hearing Examiner shall transmit specific findings of fact, conclusions of law, and a recommended disposition of the case to the District Council for final decision;
3. (C)
  In any case where, within thirty (30) days after receipt of the Zoning Hearing Examiner's decision, the District Council, upon its own motion and by a majority vote of the full Council, elects to make the final decision on the case itself; or
4. (D)
  If the applicant, all persons of record, and the People's Zoning Counsel waive (in writing) their right of appeal, and the District Council, by majority vote of the full Council, has waived its right to make the final decision on the case pursuant to subparagraph (C), above. For these cases, the Zoning Hearing Examiner may direct that the decision become effective immediately, unless it is a case referred to in subparagraph (B), above.
(3)
With respect to any Special Exception or variance case finally decided by him, the Zoning Hearing Examiner shall possess:
1. (A)
  The authority to approve site plan amendments in accordance with Section 27-324;
2. (B)
  The authority to grant extensions of time in accordance with Section 27-326; and
3. (C)
  The reconsideration powers given the District Council in Subdivision 11, below.

(b)

The Zoning Hearing Examiner does not have the authority granted to the District Council under Subdivision 12 of this Division.

(c)

The Zoning Hearing Examiner does not have the authority to grant or deny an application for Special Exception for an adaptive reuse of a surplus public school.

(CB-92-1992)

Effective on: 1/1/1901

Sec. 27-313. Zoning Hearing Examiner hearing procedures.

Where the Zoning Hearing Examiner is authorized to conduct a public hearing, he shall do so in accordance with PART 3, Division 1, Subdivision 2, of this Subtitle.

Effective on: 1/1/1901

Sec. 27-314. Authorization.

Effective on: 1/1/1901

Sec. 27-315. District Council hearing (oral argument) procedures.

Effective on: 1/1/1901

Sec. 27-316. Variances in conjunction with Special Exception approval.

(CB-92-1992)

Effective on: 1/1/1901

Sec. 27-317. Required findings.

(a)

A Special Exception may be approved if:

(1)
The proposed use and site plan are in harmony with the purpose of this Subtitle;
(2)
The proposed use is in conformance with all the applicable requirements and regulations of this Subtitle;
(3)
The proposed use will not substantially impair the integrity of any validly approved Master Plan or Functional Master Plan, or, in the absence of a Master Plan or Functional Master Plan, the General Plan;
(4)
The proposed use will not adversely affect the health, safety, or welfare of residents or workers in the area;
(5)
The proposed use will not be detrimental to the use or development of adjacent properties or the general neighborhood; and
(6)
The proposed site plan is in conformance with an approved Type 2 Tree Conservation Plan; and
(7)
The proposed site plan demonstrates the preservation and/or restoration of the regulated environmental features in a natural state to the fullest extent possible in accordance with the requirement of Subtitle 24-130(b)(5).

(b)

In addition to the above required findings, in a Chesapeake Bay Critical Area Overlay Zone, a Special Exception shall not be granted:

(1)
where the existing lot coverage in the CBCA exceeds that allowed by this Subtitle, or
(2)
where granting the Special Exception would result in a net increase in the existing lot coverage in the CBCA.

(CB-75-1989; CB-28-2010; CB-76-2010; CB-34-2011)

Effective on: 1/1/1901

Sec. 27-318. Conditional approval.

When a Special Exception is approved, any requirements or conditions deemed necessary to protect adjacent properties and the general neighborhood may be added to those of this Subtitle.

Effective on: 1/1/1901

Sec. 27-319. Effect of site plan approval.

(a)

(b)

(c)

(d)

(e)

All enlargements, alterations, revisions, and extensions shall be in accordance with the provisions of Subdivision 10, below, except as provided in this Section.

(f)

(CB-40-1991; CB-115-1991; CB-93-1994)

Effective on: 1/1/1901

Sec. 27-320. Effect of rezoning on approved Special Exception.

(a)

(1)
If, at the time of the rezoning, the approved use requires approval of a Special Exception in the new zone, and the specific Special Exception requirements governing the use are the same in both zones, the Special Exception, as approved, shall remain in full force and effect.
(2)
If, at the time of the rezoning, the approved use is not permitted in the new zone, or requires approval of a Special Exception with different requirements, and the use or construction authorized by the Special Exception has commenced and has not ceased, the Special Exception shall not terminate and the use may continue as a nonconforming use. Notwithstanding the provisions of this Subtitle relative to nonconforming uses, the use and development authorized under this paragraph shall be subject to Subdivisions 10, 11, and 12 below.
(3)
Notwithstanding any of the above, in the case of a commercial recreational attraction if, at the time of the rezoning, the commercial recreational attraction is not permitted in the new zone, the approved Special Exception site plan (either conceptual or detailed site plan) and any conditions shall continue in full force and effect as to that portion of the property subject to the Special Exception site plan which remains in the zone permitting the commercial recreational attraction as a Special Exception use. Any improvement, use, structure, screen, or buffer located in whole or in part on the property placed in the new zone may also continue to be used in conjunction with the Special Exception until that property is developed for another use or removed from the approved Special Exception site plan (either conceptual or detailed site plan). However, if the new zone to which the commercial recreational attraction has been rezoned is subsequently amended to permit the commercial recreational attraction by Special Exception, then the original approved Special Exception, as well as the original Special Exception site plan (subject to any revisions which have been approved), shall be deemed reinstated on the entire property provided:
1. (A)
  The entire property is under single ownership;
2. (B)
  The area and configuration of the entire property remain unchanged;
3. (C)
  A site plan for the entire property has been approved by the Planning Board or its designee as required by Section 27-319(f).
(4)
If, at the time of the rezoning, the approved use is not permitted in the new zone, or requires approval of a Special Exception with different requirements, and the use or construction authorized by the Special Exception has not commenced or has ceased, the Special Exception shall terminate, and all provisions of the new zone shall apply to the use and development of the property.
(5)
If, at the time of the rezoning, the approved use is permitted in the new zone without approval of a Special Exception, the Special Exception shall terminate, and all provisions of the new zone shall apply to further use and development of the property. If the new zoning category is a Comprehensive Design Zone or the M-X-T Zone, however, the Special Exception shall not terminate, and the provisions of Subdivisions 10, 11, and 12, below, shall remain in effect until a Specific Design Plan for the Comprehensive Design Zone, or a Detailed Site Plan for the M-X-T Zone, is approved for the subject property.
(6)
If a Special Exception is approved for property owned by the State or Federal Government in the O-S Zone, the Special Exception shall remain valid upon placement of the property in the R-O-S Zone as a result of a conveyance of the property, and the Special Exception use shall remain applicable to the requirements of the O-S Zone.

(CB-40-1991; CB-115-1991; CB-93-1994; CB-88-1996)

Effective on: 1/1/1901

Sec. 27-320.01. Effect of Zoning Text Amendment on an Approved Special Exception.

(a)

(b)

(1)
Upon the Planning Director's determination that a zoning text amendment has terminated a Special Exception, the Director shall make a written finding setting forth the grounds upon which the determination is made.
(2)
If the Planning Director finds that a Special Exception has not terminated, the applicant may file an appeal to the Prince George's County Planning Board within twenty (20) calendar days after the date of the Planning Director's action.
(3)
Upon the approval of a request to nullify a Special Exception, by either the Planning Director or the Planning Board, said action shall be noted on the official zoning map for Prince George's County and in all of the files regarding nullified Special Exceptions maintained by either the Prince George's County Planning Board, the Office of the Zoning Hearing Examiner, or the District Council.

(CB-45-1995)

Effective on: 1/1/1901

Sec. 27-321. Indication of Special Exception on Zoning Map.

Upon receiving notice of the approval of a Special Exception, the Planning Board shall indicate the location of the Exception on the Zoning Map.

Effective on: 1/1/1901

Sec. 27-322. In general.

(a)

(b)

(CB-8-1984)

Effective on: 1/1/1901

Sec. 27-323. Alterations, enlargements, extensions, and revisions.

(a)

(b)

(c)

(CB-8-1984; CB-22-2019)

Effective on: 1/1/1901

Sec. 27-324. Major changes.

(a)

(1)
In the case of an amendment of a condition (imposed as a part of the approval of a Special Exception), the amendment request shall be directed (in writing) to the District Council and filed with the Clerk of the Council. The Zoning Hearing Examiner shall hold a public hearing on the request, in accordance with Section 27-129. The Technical Staff shall analyze the proposed amendment and submit a report to the Zoning Hearing Examiner at least fourteen (14) days prior to the public hearing. After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council. Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
(2)
In the case of an amendment of an approved Special Exception site plan, the amendment request shall be in the form of an application filed with the Planning Board. The contents of the application shall be determined by the Planning Board. Along with filing the application, the applicant shall submit a revised site plan and shall pay the required fee. The Technical Staff shall analyze the proposed amendment, taking into consideration the requirements of this Subtitle, and shall submit (for the record) a recommendation. The recommendation and the proposed amendment shall be transmitted by the Technical Staff directly to the Zoning Hearing Examiner and the District Council at least fourteen (14) days prior to the public hearing on the request held by the Zoning Hearing Examiner in accordance with Section 27-129. After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council. Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.

(b)

(CB-8-1984; CB-84-1990; CB-115-1991; CB-56-1993; CB-15-1994; CB-47-1996; CB-15-1998; CB-12-2003; CB-1-2004)

Effective on: 1/1/1901

Sec. 27-325. Minor changes.

(a)

Minor changes, in general.

(1)
The Planning Board and Planning Director are authorized to approve minor changes to site plans for approved Special Exceptions, as provided in this Section. The Director may authorize staff to take any action the Director may take under this Section.
(2)
The Planning Board is authorized to grant the minor changes listed in this Section, and any variance requested in conjunction with the minor change. The minor change request shall be in the form of an application filed with the Planning Board. The contents of the application shall be determined by the Planning Board. Along with filing the application, the applicant shall submit a revised site plan, and shall pay the required fee. The Planning Board shall hold a hearing on the request in accordance with the Rules of Procedure established by the Planning Board. The Planning Board's decision shall be in the form of a resolution. A copy of the resolution shall be sent to all persons of record and the Clerk of the Council.
(3)
If the change is approved, the revised site plan shall be made a part of the record of the original application.
(4)
The revised site plan shall comply with all applicable requirements of this Subtitle, and with any conditions, relating to the use, imposed in the approval of the Special Exception or of any applicable Zoning Map Amendment, subdivision plat, or variance.

(CB-92-1992; CB-15-1998; CB-42-2002; CB-12-2003; CB-1-2004)

(b)
Minor changes, Planning Board.
1. (1)
  The Planning Board is authorized to approve the following minor changes:
  1. (A)
    An increase of no more than fifteen percent (15%) in the gross floor area of a building;
  2. (B)
    An increase of no more than fifteen percent (15%) in the land area covered by a structure other than a building;
  3. (C)
    The redesign of parking or loading areas; or
  4. (D)
    The redesign of a landscape plan.
2. (2)
  The Planning Board is further authorized to approve the minor changes described in (d) and later subsections below.
3. (3)
  In reviewing proposed minor changes, the Board shall follow the procedures in (a) above.

(CB-42-2002)

(c)
Limited minor changes, Planning Director.
1. (1)
  The Planning Director is authorized to approve minor changes administratively, without public hearing, in cases listed in (b), but only if the proposed minor changes are limited in scope and nature, including an increase in gross floor area or land covered by a structure other than a building up to ten percent (10%). The Director shall deny any administrative approval request proposing site plan changes which will have a significant impact on adjacent property.
2. (2)
  Before approving a minor change, the Director shall make all findings the Planning Board would be required to make, if it reviewed the application.
3. (3)
  The Director is not authorized to waive requirements in this Subtitle, grant variances, or modify conditions, considerations, or other requirements imposed by the Planning Board or District Council in any case.
4. (4)
  The applicant's property shall be posted within ten (10) days of the Director's acceptance of filing of the application. Posting shall be in accordance with Section 27-125.03. On and after the first day of posting, the application may not be amended.
5. (5)
  The Director may waive posting after determining, in writing, that the proposed minor change is so limited in scope and nature that it will have no appreciable impact on adjacent property.
6. (6)
  If posting is waived or a written request for public hearing is not submitted within the posted time period, then the Director may act on the application. The Director's approval concludes all proceedings.
7. (7)
  If the Director denies the application or a timely hearing request is submitted, then the application shall be treated as re-filed on the date of that event. The applicant, Director, and Technical Staff shall then follow the procedures for Planning Board review in (a) above.

(CB-42-2002; CB-1-2004)

(d)
Changes of golf course site plans.
1. (1)
  Changes of a site plan for an approved golf course may be permitted by the Planning Board or Planning Director, if authorized, for any modifications or additions which are found to be in accordance with the purposes and uses generally associated with golf courses, including swimming pools, tennis courts, and clubhouses/restaurants. The Planning Board shall not approve any use previously disapproved as part of the original Special Exception.
2. (2)
  Changes of a site plan for an approved golf course are not required provided a subsequent detailed site plan is approved for an aquaponics use on no more than 10% of the property provided:
  1. (A)
    The approved Detailed Site Plan is submitted to the Clerk of the Council for inclusion in the record of the Special Exception;
  2. (B)
    The Detailed Site Plan shall demonstrate that the use will not be detrimental to the use or development of adjacent properties; and
  3. (C)
    The aquaponics use complies with the following provisions:
    (i)
    The use is conducted within an enclosed greenhouse(s) and/or other climate-controlled building(s) and any additional required permits are obtained from the Department of Permitting, Inspections and Enforcement.
    (ii)
    Structures shall be setback in accordance with the requirements of the zone in which the use is located.
    (iii)
    Odors emanating from the site shall not be detectable from the property lines of surrounding properties.
    (iv)
    All operations including equipment such as exhaust fans, circulating pumps and/or generators shall comply with the provisions of Section 19-122(a) relating to maximum allowable noise levels in residential zones. Noise barriers shall be installed around any noise generating equipment if necessary to meet the required limitations.

(CB-42-2002; CB-61-2019)

(e)
Changes of pari-mutuel racetrack site plans.
Changes of a site plan for an approved pari-mutuel racetrack may be permitted by the Planning Board or Planning Director, if authorized, for any modifications related to racetrack activities, upon submittal of a letter from the Maryland Racing Commission advising that the modifications have been directed or approved by the Commission and are necessary to benefit racing. The Planning Board shall not approve any use previously disapproved as part of the original Special Exception.

(CB-42-2002)

(f)
Changes of gas station site plans.
1. (1)
  Changes of a site plan for an approved gas station may be permitted under the site plan amendment procedures in Section 27-324. The Planning Board and Planning Director may permit the following modifications under the procedures in this Subsection and in (a) and (c) above:
  1. (A)
    The enlargement or relocation of pump islands;
  2. (B)
    The addition of one (1) pump island;
  3. (C)
    The addition, relocation, or modification of a fence, kiosk, island shelter, island canopy, storage area, trash enclosure, vending area, or lavatory facility;
  4. (D)
    The addition, relocation, or modification of an accessory building used solely for the storage of automotive replacement parts or accessories. The accessory building shall be wholly enclosed. The building shall either be constructed of brick (or another building material similar in appearance to that of the main structure) and placed on a permanent foundation, or it shall be entirely surrounded with screening material. Screening shall consist of a wall, fence, or sight-tight landscaping material, which shall be at least as high as the accessory building. The type of screening shall be approved as a part of the minor change;
  5. (E)
    Any amendment described in (b) above.
2. (2)
  The Planning Board's decision shall be sent to all persons of record in the hearing before the Planning Board, and to the District Council. This decision 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. 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 all written evidence and materials submitted for consideration by the Planning Board, a transcript of the public hearing on the revised plan, and any additional information or explanatory material deemed appropriate. 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. 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 revised plan to the Planning Board to take further testimony or reconsider its decision. Where the Council approves a revised site plan, it shall make the same findings which are required to be made by the Planning Board. If the Council fails to act within the specified time, the Planning Board's decision is automatically affirmed. 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.

(CB-88-2000; CB-42-2002; CB-1-2004)

(g)
Changes of adaptive reuse of surplus public school site plans.
1. (1)
  Changes of a site plan for an approved adaptive reuse of a surplus public school may be permitted by the Planning Board or Planning Director, if authorized, for the following modifications:
  1. (A)
    The relocation or addition of porches, patios, decks, exterior stairways, and the like;
  2. (B)
    The relocation or addition of accessory storage buildings, playground equipment, picnic areas, barbecue pits, bicycle and pedestrian ways, and the like;
  3. (C)
    The relocation or addition of driveways and off-street parking lots and loading areas;
  4. (D)
    The relocation or addition of landscaping or screening areas;
  5. (E)
    The relocation or addition of fences and retaining walls; and
  6. (F)
    The relocation of freestanding business signs.

(CB-42-2002)

(h)
Changes of multifamily housing for elderly/handicapped site plans.
Changes of a site plan for approved multifamily housing for the elderly and/or handicapped may be permitted by the Planning Board or Planning Director, if authorized, in order to increase the amount of off-street parking. The Planning Board shall not approve any change previously proposed and specifically disapproved as part of the original Special Exception.

(CB-8-1984; CB-126-1984; CB-33-1985; CB-42-2002)

(i)
Changes of drive-in and fast-food restaurant site plans.
1. (1)
  Changes of a site plan for an approved drive-in or fast-food restaurant may be permitted under the site plan amendment procedures in Section 27-324. The Planning Board may permit the following modifications under the procedures in this Subsection and (a) and (c) above:
  1. (A)
    The addition, relocation, or modification of a freezer on the sides or rear of the restaurant building;
  2. (B)
    The addition, relocation, or modification of gross floor area in order to provide rest rooms to serve the physically handicapped;
  3. (C)
    The addition, relocation, or modification of vestibules above and around points of access to the restaurant building;
  4. (D)
    The addition, relocation, or modification of a fence, storage area, or trash enclosure; or
  5. (E)
    Any amendment described in (b) above.
2. (2)
  The Planning Board's decision shall be sent to all persons of record in the hearing before the Planning Board and to the District Council. This decision may be appealed to the District Council upon petition of 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. 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 file on the proposed revision, all written evidence and materials submitted for consideration by the Planning Board, a transcript of the public hearing on the revised plan, and any additional information or explanatory material deemed appropriate. 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. 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 revised plan to the Planning Board to take further testimony or reconsider its decision. Where the Council approves a revised site plan, it shall make the same findings that are required to be made by the Planning Board. If the Council fails to act within the specified time, the Planning Board's decision is automatically affirmed. 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.

(CB-88-2000; CB-42-2002; CB-1-2004)

(j)
Changes of site plans for uses within a Chesapeake Bay Critical Area Overlay Zone.
Changes of a site plan for an approved use within a Chesapeake Bay Critical Area Overlay Zone may be approved by the Planning Board, if such changes are necessary in order to conform to the approved Conservation Plan and Conservation Agreement. The Planning Board shall not approve any change previously proposed and specifically disapproved as part of the original Special Exception.

(CB-41-1986; CB-72-1987; CB-42-2002)

(k)
Changes of site plans necessitated by erosion/sediment control or stormwater management regulations.
1. (1)
  Changes of a site plan not otherwise provided for in this Section, for an approved use for which on-site erosion/sediment control or stormwater management facilities are required, may be permitted by the Planning Board or Planning Director, if authorized, provided that:
  1. (A)
    Such changes are the minimum necessary in order to conform to the approved plans for the required erosion/sediment control or stormwater management facilities and do not include the relocation of stormwater management facilities onto land not proposed for development; and
  2. (B)
    The agency having jurisdiction over approval of those plans advised the Planning Board that development in accordance with the approved Special Exception site plan would result in a violation of erosion/sediment control or stormwater management regulations.

(CB-127-1989; CB-42-2002)

(l)
Changes of site plans for public electric utility uses or structures.
The Planning Board or Planning Director, if authorized, may permit changes to a site plan for approved public electric utility uses or structures for the addition, relocation, or modification of foundations and equipment, including ground wires, control houses, and associated structures, within the existing fence line.

(CB-43-1991; CB-42-2002)

(m)
Changes of marina site plans.
Changes of a site plan for approved marinas may be permitted by the Planning Board or Planning Director, if authorized, for renovation in kind, replacement or repair for facilities such as the bulkheads or boat slips, floating and fixed docks boat storage facilities and other structures.

(CB-76-2001; CB-42-2002)

(n)
Changes of Planned Retirement Community site plans.
1. (1)
  The Planning Board may approve the following modifications, following the procedures in (a) above:
  1. (A)
    Changes required as the result of an approval of a Preliminary Plan of Subdivision;
  2. (B)
    Changes required by engineering necessity to grading, utilities, stormwater management, or related plan elements;
  3. (C)
    New or alternative architectural plans that are equal or superior to those originally approved, in terms of the quality of exterior building materials and architectural detail; or
  4. (D)
    Changes to any other plan element determined to be consistent with the overall design, layout, quality, or intent of the approved special exception site plan.
2. (2)
  The Planning Board's decision shall be sent to all persons of record in the hearing before the Planning Board, and to the District Council. This decision 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. 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 all written evidence and materials submitted for consideration by the Planning Board and a transcript of the public hearing on the revised plan. 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. 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 revised plan to the Planning Board to take further testimony or reconsider its decision. Where the Council approves a revised site plan, it shall make the same findings which are required to be made by the Planning Board. If the Council fails to act within the specified time, the Planning Board's decision is automatically affirmed. 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.

(CB-64-2015)

Effective on: 1/1/1901

Sec. 27-326. Extension of time limit.

(a)

In order to extend a time limit which is imposed in this Subtitle for a particular use, a new Special Exception must be approved.

(b)

Effective on: 1/1/1901

Sec. 27-327. Reconsideration of final decision.

(a)

(b)

Prior to reconsidering a decision, a public hearing shall be held on the matter by whomever made the final decision (Zoning Hearing Examiner or District Council).

(1)
If the District Council determines there may be grounds for reconsideration of their final decision, the Clerk of the Council shall schedule an evidentiary hearing on the request.
1. (A)
  After hearing, the District Council shall first vote to reconsider their final decision and, if an affirmative motion is adopted, vote on a new decision.
(2)
If the Zoning Hearing Examiner determines there may be grounds for reconsideration of a decision of the Zoning Hearing Examiner that became final, the Zoning Hearing Examiner shall conduct a public hearing in accordance with Section 27-129.
1. (A)
  After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council.
2. (B)
  Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's decision with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.

(CB-1-1991; CB-74-1994; CB-1-2004)

Effective on: 1/1/1901

Sec. 27-328. Revocation or modification of approved Special Exception.

(a)

(b)

(c)

Not later than ten (10) days prior to the Examiner's hearing, the Planning Board or Technical Staff may submit a recommendation or other material for the record.

(d)

The Examiner may hold the record open for up to sixty (60) days following the conclusion of the hearing. Within thirty (30) days of the closing of the record, the Examiner shall file a decision.

(e)

(1)
The provisions in the approval of the Special Exception have not been complied with; or
(2)
The approved Special Exception has not been used for any two (2) year period after the date of the original approval, except where the conditions of nonuse are beyond control of the grantee of the Special Exception.

(f)

The District Council may (in conjunction with the revocation or modification) order any use and occupancy permit issued for the Special Exception use to be revoked or modified.

(g)

Revocation of a Special Exception shall constitute revocation of any variances granted for the use by the Council.

(CB-50-1984; CB-33-1985; CB-21-1991; CB-49-1993; CB-29-2014)

Effective on: 1/1/1901

College Park City Zoning Code

PART 4

SPECIAL EXCEPTIONS.

Sec. 27-328.01. Setbacks.

Effective on: 1/1/1901

Sec. 27-328.02. Landscaping, buffering, and screening.

(a)

(b)

Amendments to landscaping, buffering, and screening required in a Special Exception shall be made in accordance with Section 27-325.

(CB-1-1989; CB-91-1992; CB-68-2010)

Effective on: 1/1/1901

Sec. 27-329. Abrasives and asbestos products manufacturing.

(a)

The manufacturing of abrasives and asbestos products may be permitted subject to the following:

(1)
All operations shall be confined to the interior of a wholly enclosed building;
(2)
There shall be no outside storage of raw materials or finished products; and
(3)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation;
2. (B)
  The provisions proposed for the safety of workers;
3. (C)
  The pollution control measures to be taken; and
4. (D)
  The compatibility of the use with the surrounding area.

Effective on: 1/1/1901

Sec. 27-330. Accessory building, increase in height.

(a)

(1)
The additional height and purpose for which it is to be used are reasonably necessary for the convenience of the family occupying the main building; and
(2)
The increase is to not more than two (2) stories but not more than twenty-five (25) feet.

(b)

In the O-S, R-A, R-E, and R-R Zones, the height of accessory building used for bona fide agricultural purposes may be increased to forty (40) feet.

(c)

In the R-18 and R-10 Zones, the height of an accessory building located within a multifamily project and used as an office in connection with the multifamily project may be increased, provided that:

(1)
The additional height is necessary;
(2)
The additional height is solely used in connection with the multifamily project; and
(3)
The increase is to not more than two (2) stories but not more than twenty-five (25) feet.

Effective on: 1/1/1901

Sec. 27-330.01. Adaptive reuse of surplus public school.

(a)

The adaptive reuse of a surplus public school may be permitted, subject to the following:

(1)
The proposed use is not already allowed in the zone;
(2)
The use is not prohibited in all zones;
(3)
During the processing of the Special Exception application, an existing public school building is located on the subject property, which has been, or will be, conveyed by the Board of Education to Prince George's County, Maryland, and declared surplus. The property included with the building may be all or a part of the original school site;
(4)
The requirements for the location, size, and lot coverage of all structures, density, and green area which are specified for the zone in which the use is proposed shall not apply to existing structures or additions to existing buildings. The dimensions, percentages, and density shown on the approved site plan shall constitute the regulations for development under a given Special Exception;
(5)
One (1) freestanding building may be constructed on the subject property, provided a Special Exception for the new building's use is also made part of the Special Exception for the adaptive reuse of the existing public school building. The requirements as to height and setbacks that are specified for the zone in which the new building is proposed shall apply to the new freestanding building;
(6)
Off-street parking lots and loading areas shall be provided in accordance with the provisions of PART 11 applicable to the specific uses proposed and with the Landscape Manual;
(7)
Business signs for commercial or industrial uses shall be permitted in accordance with the provisions of Sections 27-615 and 27-616 applicable to Commercial (other than C-O) and Industrial (other than I-3) Zones. The location of any freestanding business sign shall be shown on the site plan;
(8)
An impact statement shall be submitted explaining:
1. (A)
  The nature and scope of the use proposed;
2. (B)
  The hours of operation of any proposed nonresidential use;
3. (C)
  The type and amount of traffic expected to be generated; and
4. (D)
  The measures to be taken to assure compatibility with the surrounding area, particularly with regard to abutting properties;
(9)
It shall be demonstrated to the satisfaction of the District Council that:
1. (A)
  The proposed use is compatible with existing and planned development on adjacent properties and within the neighborhood, and, when more than one (1) use is proposed, with each other;
2. (B)
  Vehicular access to the subject property is appropriate and adequate, given the nature and scope of the proposed use and the type and amount of traffic expected to be generated; and
3. (C)
  Any proposed residential use of the subject property will be buffered in accordance with the Landscape Manual.

(CB-102-1987; CB-1-1989)

Effective on: 1/1/1901

Sec. 27-330.02. Adaptive use of a Historic Site.

(a)

(b)

Use of Historic Sites under the provisions of this Section are limited to:

(1)
One-family, two-family, three-family, or multifamily dwellings; or
(2)
Commercial office or retail trade; and
(3)
The proposed use is not a use prohibited in all zones.

(c)

(d)

All proposals for the adaptive use of a Historic Site shall comply with the standards listed below.

(1)
Lighting.
1. (A)
  Lighting shall be subdued, consistent with the nature of the historic resource, and shall not shine or glare off the premises. Low-intensity seasonal or decorative lighting is permitted.
(2)
Parking and surfacing.
1. (A)
  The design of parking lots shall minimize, to the extent practicable, the impact of the parking needs associated with the proposed adaptive use on the environmental setting and the surrounding neighborhood.
2. (B)
  Where deemed appropriate by the District Council, innovative paving techniques, such as dust-free, pervious surfaces, unusual textures, and configurations that minimize paved surfaces, may be required.

(e)

Upon filing the Special Exception application, the applicant shall submit the following information:

(1)
Evidence of Historic Preservation Commission approval of an established environmental setting for the proposed adaptive use;
(2)
A written justification statement, including:
1. (A)
  The nature and scope of the use proposed;
2. (B)
  The hours of operation; and
3. (C)
  The impact of traffic generated by the proposed use on local roadways, including the type, amount, and distribution of anticipated traffic, as well as the adequacy of proposed access points to the site, existing levels of service on surrounding roadways, and the peak hour service level at the nearest major intersection below the minimum adopted by the Planning Board in the "Guidelines for the Analysis of the Traffic Impact of Development Proposals," as may be amended from time to time;
(3)
In addition to the site plan requirements in Section 27-296(c), the site plan shall show the following:
1. (A)
  A delineation by metes and bounds of the established environmental setting; and
2. (B)
  The topography of the subject property and abutting lots (for a depth of at least fifty (50) feet).

(f)

The applicant shall demonstrate to the satisfaction of the District Council that:

(1)
Any proposed multiple uses within the historic structure are compatible with each other;
(2)
The proposed adaptive use will not change the existing character of the surrounding community by virtue of noise, lighting, unsightliness, parking, signs, traffic, or other impacts; and
(3)
The proposed adaptive use will not adversely affect distinguishing exterior architectural features or important natural features in the established environmental setting.

(CB-58-1987; CB-1-1989)

Effective on: 1/1/1901

Sec. 27-331. Reserved.

Effective on: 1/1/1901

Sec. 27-332. Adult day care center.

(a)

An adult day care center may be permitted, subject to the following:

(1)
The subject property shall be suitable for the type of facility proposed, taking into account the character of surrounding properties and the general neighborhood, and any other uses on the subject property;
(2)
The subject property shall be of sufficient size to accommodate a facility of the scope proposed;
(3)
Vehicular access to the subject property shall be adequate, taking into account the scope of the facility, the type and amount of traffic expected to be generated, and the type, service level, and capacity of the streets along which the subject property has frontage; and
(4)
A statement shall be submitted explaining:
1. (A)
  The policies and goals of the center;
2. (B)
  The characteristics and number of occupants to be served;
3. (C)
  The type of care and activities proposed;
4. (D)
  Operating methods and procedures proposed;
5. (E)
  The type and amount of traffic expected to be generated; and
6. (F)
  Other appropriate aspects of the center's operation.

Effective on: 1/1/1901

Sec. 27-332.01. Agriculture.

(a)

Agricultural uses may be permitted in the V-L and V-M Zones, provided the District Council finds that the proposed use:

(1)
Preserves the agricultural land, open space, scenic vistas, and environmental features of the area;
(2)
Complements the natural characteristic of the area; and
(3)
Does not detract from the Village residents' health, safety, welfare, and enjoyment of the Zone.

(CB-10-1992)

Effective on: 1/1/1901

Sec. 27-333. Airport, airpark, airfield, airstrip, heliport, helistop, private.

(a)

A private airport, airpark, airfield, airstrip, heliport, helistop, or similarly designed area for the landing and taking off of aircraft may be permitted, subject to the following:

(1)
The land area proposed for the use shall be sufficient to meet the Federal Aviation Administration's requirements for the class of facility proposed;
(2)
There are no existing or proposed flight obstructions which are located outside the proposed facility and which fall within the approach zone to any of the proposed runways or landing strips;
(3)
If air rights or easements have been acquired from the owners of adjacent properties in which approach zones fall, satisfactory evidence of them shall be submitted with the application;
(4)
Structures shall be located at least one hundred (100) feet from any boundary line of the subject property; and
(5)
An airstrip or helistop shall contain no terminal, storage, or repair/service facilities.
(6)
An airport applicant shall demonstrate that the airport will not create conflicts on adjacent properties, pursuant to the Aviation Policy Area regulations in PART 10B.

(b)

(CB-51-2002)

Effective on: 1/1/1901

Sec. 27-334. Reserved.

Effective on: 1/1/1901

Sec. 27-335. Amusement park.

(a)

An amusement park may be permitted, subject to the following:

(1)
The subject property shall contain at least twenty-five (25) contiguous acres;
(2)
The applicant shall submit a traffic analysis indicating the anticipated traffic expected to be generated by the project, and its impact upon external streets and the on-site network of driveways. The site shall have frontage on, and direct vehicular access to, a street with sufficient capacity to accommodate the expected traffic. If the street is not yet built, it shall be funded for completion prior to the issuance of any use and occupancy permits. The on-site network of driveways shall be of sufficient capacity to accommodate the traffic generated by the project;
(3)
Any parking lot, or place or structure used for exhibition, educational, entertainment, dining, recreational, or other purposes involving patron assembly, and any maintenance or service building shall be located at least one hundred (100) feet from any boundary line of the subject property, unless the District Council finds that these setbacks are unnecessary due to conditions in the area. If the place or structure is located within two hundred (200) feet of land in a Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan, there shall be no public entrance to it from the side facing the residential land;
(4)
All perimeter areas of the site shall be buffered in accordance with the provisions of the Landscape Manual, and the applicant shall demonstrate that the proposed buffering will provide reasonable sight and sound barriers for all adjacent uses. If the buffers required by the Landscape Manual are determined to be inadequate, additional buffering may be required.
(5)
At least fifty percent (50%) of the site shall be devoted to open space;
(6)
In addition to the requirements of Section 27-296(c), the site plan shall set forth:
1. (A)
  The proposed topography at not more than five (5) foot contour intervals;
2. (B)
  Existing and proposed drainage patterns;
3. (C)
  Existing vegetative cover and other natural features; and
4. (D)
  Provisions for storm water management and erosion and sediment control;
(7)
The applicant shall provide sufficient proof to the District Council that:
1. (A)
  The proposed hours of operation and anticipated noise levels will not be detrimental to the use of adjacent properties; and
2. (B)
  Features will be incorporated to adequately protect adjacent properties against obtrusive elements emanating from the project, such as noise, light, glare, waste, and air or water pollution.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-335.01. Animals, not customarily household pets.

(a)

(1)
The housing and maintenance of animals, not customarily household pets, shall be permitted as an accessory use to apartment housing which is occupied and utilized as a home for the elderly.
(2)
These pets shall be kept and cared for as a form of therapy for the elderly.

(CB-117-1986)

Effective on: 1/1/1901

Sec. 27-336. Antique shop.

(a)

An antique shop may be permitted, subject to the following:

(1)
The proposed use shall not alter the residential character of the neighborhood;
(2)
The District Council shall consider the type of merchandise to be sold and whether the outdoor display of the merchandise is compatible with the surrounding neighborhood. If the outdoor display is determined to be compatible, the District Council may limit the hours of the display and the locations and types of merchandise to be displayed; and
(3)
Any outdoor display of merchandise shall be located at least twenty-five (25) feet from any street line or boundary line of the Special Exception.

Effective on: 1/1/1901

Sec. 27-337. Apartment housing for elderly or physically handicapped families.

(a)

(1)
In addition to the requirements of Section 27-296(c), the site plan shall show the density, and the type and total number of dwelling units proposed;
(2)
The District Council shall find that the subject property is suitable for the type of development proposed, and is of sufficient size to properly accommodate the proposed number of dwelling units;
(3)
Recreational and social amenities for the residents may be provided, if shown on the site plan and approved by the District Council; and
(4)
The height, lot coverage, density, frontage, yard, and green area requirements, including restrictions on the location and height of accessory buildings, as specified for the zone in which the use is proposed, shall not apply to uses or structures provided for in this Section. The dimensions, percentages, and density shown on the approved site plan shall constitute the regulations for development under a given Special Exception.

(b)

Apartment housing and related facilities for elderly or physically handicapped families may be permitted within a building other than a surplus public school building, subject to the following:

(1)
The owner of the property shall record among the Land Records of Prince George's County a Declaration of Covenants which establishes that the premises will be solely occupied by elderly or handicapped families for a fixed term of not less than twenty (20) years. The covenants shall run to the benefit of the Maryland-National Capital Park and Planning Commission;
(2)
In the R-18, R-18C, R-H, and R-10 Zones, the following shall apply:
1. (A)
  The owner shall be a private, nonprofit organization;
2. (B)
  In addition to the requirements of Section 27-296(c), the site plan shall show the density, type, and total number of dwelling units proposed. The minimum net lot area may be reduced and density may exceed that normally permitted in the applicable zone, provided that:
  1. (i)
    The net lot area shall not be less than fifty percent (50%) of the minimum net lot area normally required in the zone; and
  2. (ii)
    The density shall not be greater than twice that normally allowed in the zone;
(3)
In the C-S-C Zone, the following shall apply:
1. (A)
  The subject property shall contain at least two (2) contiguous acres, and shall not contain more than forty-eight (48) dwelling units per acre of net lot area. The density may be increased by one (1) unit per acre for each one thousand (1,000) square feet of indoor space available for common use by the residents for social, recreational, or educational purposes. The indoor space shall be shown on the site plan;
2. (B)
  Not less than fifty percent (50%) of the net lot area shall be devoted to green area; and
3. (C)
  The District Council shall find that existing development and uses in the neighborhood (particularly on adjacent properties) will not adversely affect the proposed development;
(4)
In the R-R, R-80, and R-55 Zones, the following shall apply:
1. (A)
  The requirements of paragraphs (1), (2), (3), and (4) of Subsection (a), above, shall be met;
2. (B)
  The District Council shall find that the proposed use:
  1. (i)
    Will serve the needs of the elderly families or physically handicapped families; and
  2. (ii)
    Will not adversely affect the character of the surrounding residential community. The District Council shall consider the lot size, height of the building, lot coverage of all buildings on the property, setbacks from surrounding properties, street frontage, and sufficiency of green area when determining the proposed development's effect on surrounding residential communities;
(5)
In the R-E Zone, the requirements of paragraphs (1), (2), (3), and (4) of Subsection (a), above, shall be met provided that the subject property is composed of at least fifteen (15) gross contiguous acres of land, improved with a structure used as a church with an enclosed building area of at least 150,000 gross square feet. The following additional requirements shall apply:
1. (A)
  A description of the physical appearance of the proposed building through the use of architectural façade elevations visible from public areas, or through other illustrative drawings, photographs, or renderings, shall be submitted and reviewed;
2. (B)
  Development of uses pursuant to this Subsection shall not be subject to a separate site plan approval in accordance with PART 3, Division 9 of this Subtitle. Instead, the site plan for such proposed development shall be reviewed as part of the special exception application approval; and
3. (C)
  The District Council shall find that the proposed use:
  1. (i)
    Will serve the needs of elderly families or physically handicapped families; and
  2. (ii)
    Will not adversely affect the character of the surrounding residential community. In making such finding, the District Council shall consider lot size, building height, lot coverage of all buildings on the property, setbacks from surrounding properties, street frontage, and sufficiency of green area when determining the proposed development's effect on the surrounding communities.

(c)

(1)
Is expected to be of continued and indefinite duration;
(2)
Substantially impedes the ability to live independently; and
(3)
Is of a nature that the ability could be improved by more suitable housing conditions.

(CB-22-1984; CB-91-1991; CB-44-1992; CB-78-2005; CB-57-2019)

Effective on: 1/1/1901

Sec. 27-337.01. Asphalt mixing plant.

(a)

An asphalt mixing plant (including the mixing of hot asphalt with aggregates, and the storage of materials) may be permitted, subject to the criteria below.

(1)
Mixing plant components and other parts of the operation having the potential for generating adverse impacts (including cold feed systems, drying systems, mixing units, dust collection systems, asphalt circulation systems, asphalt storage tanks, hot mix storage bins, exhaust systems, material stock piles, and truck parking areas) shall be located at least three hundred (300) feet from the boundaries of the subject property adjoining any land in any Residential or Commercial Zone (or land proposed to be used for residential or commercial purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone) and one hundred (100) feet from the boundaries of the subject property adjoining any land in any Industrial Zone (or land proposed to be used for industrial purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone). Other fixed installations (including automobile parking and office uses) shall be located at least one hundred (100) feet from the boundaries of the subject property adjoining any land in any Residential Zone (or land proposed to be used for residential purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone).
(2)
The site plan and information accompanying the application for Special Exception shall be reproducible, or twelve (12) copies shall be submitted. In addition to the requirements of Section 27-296(c), the site plan and accompanying information shall show:
1. (A)
  The components of the mixing plant;
2. (B)
  The daily capacity of the plant;
3. (C)
  The location of all natural material stockpiles;
4. (D)
  The methods of disposing of waste materials;
5. (E)
  The internal traffic circulation system;
6. (F)
  The parking and storage areas for all vehicles and equipment; and
7. (G)
  The identification of the trucks and heavy equipment to be used in the plant operation.
(3)
At least thirty (30) calendar days prior to the hearing before the Zoning Hearing Examiner, the applicant shall file a traffic analysis with the Zoning Hearing Examiner for inclusion with the original application, and send a copy to the Planning Board. The traffic analysis shall include the volume of traffic expected to be generated by the operation and shall identify the streets to be used between the site and the nearest other street (to be used) that has a minimum paved width of twenty-four (24) feet for the predominant length of the street.
(4)
Driveways for ingress and egress shall be identified on the site plan, and shall be located so as to not endanger pedestrians or create traffic hazards. The applicant shall identify the dust-control measures to be used on the driveways and the interior traffic circulation system. Any ingress or egress driveway shall have a minimum width of twenty-two (22) feet, and shall be paved for a distance of at least two hundred (200) feet from the boundary line of the Special Exception.
(5)
All operations on site, including outdoor storage of machinery and equipment, shall be screened from any adjoining land or street in accordance with the provisions of the Landscape Manual.
(6)
All applications for Special Exception shall be accompanied by the following:
1. (A)
  A stormwater concept plan approved pursuant to Section 4-332 of this Code;
2. (B)
  A preliminary noise assessment;
3. (C)
  A preliminary air pollution assessment;
4. (D)
  A horizontal profile illustrating all structures and stockpiles; and
5. (E)
  A grading plan that illustrates existing and proposed topography.

(b)

(c)

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)
No new asphalt mixing plant may be located in the R-C-O.
(2)
On land which is located within the Chesapeake Bay Critical Area Overlay Zone, no new asphalt mixing plant shall be approved, and no such operation presently in existence or previously approved shall be permitted to continue or commence where any of the following circumstances are present:
1. (A)
  Habitat Protection Areas have been or may be designated on the subject property, in accordance with criteria set forth in Subtitle 5B;
2. (B)
  The use is located within the Buffer;
3. (C)
  The use would result in the substantial loss of long-range (twenty-five (25) years or more) productivity of forest and agriculture, or would result in a degrading of water quality; or
4. (D)
  The subject property contains highly erodible soils.

(CB-45-1986; CB-72-1987; CB-1-1989; CB-76-2010; CB-29-2014)

Effective on: 1/1/1901

Sec. 27-338. Boardinghouse or rooming house.

(a)

A boardinghouse or rooming house may be permitted in a one-family dwelling, subject to the following:

(1)
The Special Exception shall be valid for a period of three (3) years. This period may be renewed if the Council finds that the use will not constitute a nuisance because of pedestrian or vehicular traffic, noise, or the type of physical activity involved.

Effective on: 1/1/1901

Sec. 27-339. Bus maintenance at a private school or church.

(a)

The maintenance, repair, or service of buses parked or stored on the same lot as a private school or church may be permitted, subject to the following:

(1)
The use shall be considered as accessory to the principal use;
(2)
The use may involve facilities for dispensing gasoline into the buses;
(3)
The use shall be screened and buffered pursuant to the provisions of the Landscape Manual;
(4)
Adequate security measures shall be provided in order to prevent unauthorized entry into the area of the use; and
(5)
Evidence from the County Fire Department shall be submitted by the applicant showing that any proposed facilities for dispensing or storing gasoline will meet fire and safety code requirements.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-340. Cement manufacturing.

(a)

Cement manufacturing may be permitted, subject to the following:

(1)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation;
2. (B)
  The pollution and dust control measures to be taken; and
3. (C)
  The compatibility of the use with the surrounding area.

Effective on: 1/1/1901

Sec. 27-341. Cemetery or crematory.

Effective on: 1/1/1901

Sec. 27-341.01. Check Cashing Business.

(a)

A check cashing business may be permitted, subject to the following:

(1)
Hours of operation shall be limited to the hours of 9:00 a.m. to 8:00 p.m.,
(2)
A schedule of fees/charges shall be posted and immediately visible to persons upon entering the Check Cashing Business. A copy of the fee schedule shall also be made available to all persons upon entrance to the Check Cashing Business;
(3)
No other business shall share floor space with the Check Cashing Business;
(4)
Security lighting and cameras shall be provided on all open sides of the Check Cashing facility providing surveillance of the area within 100 feet from the exterior of the building;
(5)
At least one (1) security employee (with no other duties) must be on the premises when the Check Cashing Business is open for business; and
(6)
Cashiers must work behind bullet resistant glass.

(CB-23-2009)

Effective on: 1/1/1901

Sec. 27-341.02. Church or similar place of worship.

(a)

A church or similar place of worship may be permitted, subject to the following:

(1)
The minimum setback for all buildings shall be twenty-five (25) feet from each lot line;
(2)
When possible, ingress and egress should be located so as to direct traffic away from streets that are internal to a residential subdivision;
(3)
The applicant shall satisfactorily demonstrate that parking and traffic will not adversely affect adjacent residential neighborhoods;
(4)
When possible, there should be no parking spaces or loading areas located in the front yard; and
(5)
The maximum allowable lot coverage for the zone in which the use is proposed shall not be increased.

(CB-23-1993; CB-23-2009)

Effective on: 1/1/1901

Sec. 27-342. Commercial recreational attraction.

(a)

Purpose of Section.

(1)
To promote the health, safety, and welfare of the citizens of Prince George's County by providing standards under which major projects dedicated to entertainment, amusement, recreation, culture, education, and history may be developed;
(2)
To promote tourism within Prince George's County, the State of Maryland, and the Washington Metropolitan Area;
(3)
To encourage high quality entertainment facilities to be provided in Prince George's County;
(4)
To afford reasonable flexibility in the design of these projects;
(5)
To assure that these attractions will be located in areas with adequate street access;
(6)
To assure that these projects will be compatible with surrounding areas through the effective use of development controls, such as screening, landscaping, open spaces, and the staging of development;
(7)
To assure that the projects are developed in an orderly and attractive manner;
(8)
To assure that public facilities are adequate to service the projects; and
(9)
To avoid scattered and unbalanced development of commercial recreational attractions at less desirable locations and without adequate controls.

(b)

Commercial recreational attractions may be permitted, subject to the following criteria:

(1)
Standards.
1. (A)
  The subject property shall have an area of at least two hundred fifty (250) contiguous acres. Notwithstanding the above, as long as there are one hundred (100) contiguous acres remaining under an approved Special Exception, the use may continue to operate pursuant to the approved Special Exception regardless of the ownership or zoning of the property. For the purpose of this Section, land separated by any rights-of-way or easements shall be considered contiguous;
2. (B)
  The property shall have frontage on, and direct vehicular access to, a street with sufficient capacity to accommodate the traffic generated by the project. If the street is one which is not yet built, the street must be funded for completion prior to the issuance of a use and occupancy permit. The applicant shall submit a traffic analysis indicating the anticipated traffic volume expected to be generated by the project, and the impact of the traffic upon external streets and the on-site network of driveways;
3. (C)
  Any place or structure used for exhibition, education, entertainment, dining, recreation, or other purpose involving patron assembly, and any maintenance or service building shall be located at least one hundred (100) feet from adjoining land in any Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan, fifty (50) feet from adjoining land in any other zone, and twenty-five (25) feet from any abutting street, unless the District Council finds that, due to conditions in the area, these setbacks are unnecessary and the buffer yard requirement in the Landscape Manual would be sufficient. If the structure or place is located within two hundred (200) feet of land in any Residential Zone, or land proposed to be used for residential purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone, there shall be no public entrance to it from the side facing the residential land. Notwithstanding the above, when a portion of a property subject to the Special Exception site plan (either conceptual or detailed site plan) is rezoned to any residential zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan, any improvement, use, or structure already constructed or shown on the site plan (either conceptual or detailed site plan) may continue in operation or be constructed as shown on the site plan;
4. (D)
  Areas reserved for the display of animals in their natural or similar environment shall be enclosed by two (2) fences. The innermost fence shall be located at least thirty (30) feet from adjoining land in a Residential Zone, or land proposed to be used for residential purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone;
5. (E)
  All perimeter areas shall be landscaped and buffered in accordance with the provisions of the Landscape Manual. The applicant shall demonstrate that the proposed perimeter buffering will provide a reasonable sound barrier for all adjacent uses. If the buffer required by the Landscape Manual is determined to be inadequate, additional buffering may be required.
6. (F)
  At least fifty percent (50%) of the site shall be devoted to open space; and
7. (G)
  The regulations restricting the height and lot coverage of buildings and structures, and the location and height of accessory buildings (specified in the zone in which the commercial recreational attraction is to be located), shall not apply to uses or structures provided for in this Section. The dimensions and percentages shown on the approved site plan shall constitute the regulations for development under a given Special Exception.
(2)
Parking.
1. (A)
  The number of parking spaces required shall be determined by the District Council and shall be based upon the uses shown on the proposed site plan. All of the parking spaces required shall be located entirely on the site. The number of spaces provided may be modified by the Council as more experience with a particular project is gained; and
2. (B)
  Any off-street parking area shall be located at least one hundred (100) feet from any adjoining land in a Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan, and at least twenty-five (25) feet from any other adjoining land or street. Notwithstanding the above, when a portion of a property subject to the Special Exception site plan (either conceptual or detailed site plan) is rezoned to any residential zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C zone, or any approved Conceptual or Detailed Site Plan, any off-street parking area already constructed or shown on the site plan (either conceptual or detailed site plan) may continue or be constructed as shown on the site plan.
(3)
Signs.
1. (A)
  Notwithstanding the provisions of PART 12, one (1) sign, which may be freestanding, may be located at each entrance to the project in order to identify the facility. The sign shall:
  1. (i)
    Be not more than fifty (50) feet high (measured from the ground to the top of the sign);
  2. (ii)
    Not have moving parts, or flashing or other intermittent illumination;
  3. (iii)
    Not shine, reflect, or glare upon any adjacent residential property or into the path of any motor vehicle; and
  4. (iv)
    Be located at least twenty-five (25) feet from the street line;
2. (B)
  Notwithstanding the provisions of PART 12, the District Council may disapprove any sign visible from off the subject property which it finds will be detrimental to the use or development of adjoining properties or the general neighborhood. Signs not visible from off the subject property shall be permitted without restrictions, except for those restrictions on identification signs provided for above.
(4)
Uses.
1. (A)
  The District Council may permit any of the following uses:
  1. (i)
    Entertainment facilities;
  2. (ii)
    Theaters (excluding drive-in theaters), amphitheaters, and band shells;
  3. (iii)
    Music playing, entertainment, and dancing;
  4. (iv)
    The housing, care, or exhibition of wild and domestic animals, birds, reptiles, and other forms of wildlife;
  5. (v)
    Amusement rides;
  6. (vi)
    Theme areas;
  7. (vii)
    Playgrounds and picnic areas;
  8. (viii)
    Historic, fictional, or other dramatizations;
  9. (ix)
    Simulated natural phenomena, such as volcanoes, caves, mountains, and waterfalls;
  10. (x)
    Simulated towns and villages;
  11. (xi)
    Participatory land and water activities such as swimming or other immersion in water;
  12. (xii)
    Seasonal activities, such as tennis, golf, ice skating, tobogganing, bobsledding, and skiing;
  13. (xiii)
    Amusement arcades and fun houses;
  14. (xiv)
    Transportation facilities, including those facilities used for viewing or amusement;
  15. (xv)
    Man-made rivers, streams, ponds, pools, lakes, and bridges;
  16. (xvi)
    Retail stores or demonstration of arts and crafts;
  17. (xvii)
    Eating and drinking establishments;
  18. (xviii)
    Banks and ticket booths;
  19. (xix)
    Rest rooms and buildings used for fire protection, security, maintenance, storage, and administration;
  20. (xx)
    Medical treatment facilities;
  21. (xxi)
    Art galleries and artisan areas;
  22. (xxii)
    One (1) gas station solely for the accommodation of patrons and workers on the site, provided that it is not visible from off of the site;
  23. (xxiii)
    Hotels, motels, and recreational campgrounds (subject to the requirements of Section 27-400), except Subsection (a)(6);
  24. (xxiv)
    Facilities for business meetings, conferences, and conventions; and
  25. (xxv)
    Other uses which are similar to any of the above, or any other use compatible with the provisions and purposes of this Section.
2. (B)
  The following uses are prohibited:
  1. (i)
    Recreational or entertainment establishments such as baseball, basketball, ice hockey, lacrosse, football, soccer, or boxing stadiums or arenas, racetracks, drag strips, or drive-in theaters; and
  2. (ii)
    Uses which would adversely affect the health or safety of residents or workers in the area, or be detrimental to the use or development of adjacent properties or the neighborhood in general.
3. (C)
  For the purposes of this Section, a "theme area" is defined as a group of varied, but interrelated, uses with a common theme.
(5)
Times of operation.
1. (A)
  Commercial recreational attractions may remain open for such periods during the year as are economically feasible. The ability to continue the use shall not be jeopardized by seasonal closings or closings for repair or renovation, provided the closing does not exceed a period of three (3) consecutive years. A project shall be deemed open when it is serving the general public.
(6)
Site plan and other submission requirements.
1. (A)
  The site plan submitted with the application shall contain the following information (in lieu of what is required by Section 27-296(c)):
  1. (i)
    A general description of the project and the proposed use;
  2. (ii)
    The existing and proposed traffic circulation system; and
  3. (iii)
    The general location, size, and height of all buildings and structures, including rides and animal enclosures, signs, and lighting.
2. (B)
  The applicant shall provide sufficient proof to the District Council that:
  1. (i)
    The proposed hours of operation and anticipated noise levels will not be detrimental to the use of adjacent properties; and
  2. (ii)
    Features will be incorporated to adequately protect adjacent properties against obtrusive elements which may emanate from the project.
3. (C)
  The District Council may require additional data or plans to assist it in evaluating the application.
(7)
Criteria for approval.
1. (A)
  In addition to other criteria for approval of Special Exceptions, the Council shall be guided by how well the proposed project meets the purposes of this Section.
(8)
Addition of land.
1. (A)
  After the approval of a Special Exception, any addition of land to the commercial recreational attraction shall be the subject of a new Special Exception application. The site plan accompanying the new application shall fully demonstrate the relationship of development shown on both the new and originally approved site plans. The additional land shall be contiguous to an approved commercial recreational attraction, and may be less than two hundred fifty (250) acres.
(9)
Amendment of site plan.
1. (A)
  Notwithstanding other provisions of this Part concerning the revision of site plans, requests to amend a site plan (formerly a concept plan for a commercial recreational attraction) shall only be approved by the District Council, and in accordance with this Subsection. Situations occurring as described in Sections 27-319(f) and 27-320(a)(3) of this Subtitle do not require an amendment of a previously approved site plan.
2. (B)
  Requests to amend the approved site plan shall be filed concurrently with the Clerk of the Council and the office of the Planning Board. After receipt of the request by the Clerk, the Office of the Zoning Hearing Examiner shall schedule a public hearing, which shall occur not less than sixty (60), nor more than one hundred twenty (120), days after receipt of the request. The request shall be reviewed by the Technical Staff, taking into consideration the requirements of this Subtitle. The Technical Staff shall submit its recommendations to the Zoning Hearing Examiner at least two (2) working days before the date of the public hearing. The public hearing shall be conducted by the Zoning Hearing Examiner, at which time the applicant, Planning Board, Technical Staff, and members of the public may comment on the proposed amendments. The hearing shall be conducted in accordance with Section 27-129. The property shall be posted with a sign in the same manner as required for original applications. After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council.
3. (C)
  Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
4. (D)
  If the District Council determines that the amendments are in accordance with the purposes and standards of this Section and the requirements of Section 27-317, it may approve the amended site plan. The approved amended site plan shall become the official site plan, as if it had been approved as a part of the original application for a Special Exception.
(10)
Detailed Site Plan.
1. (A)
  A Detailed Site Plan (or an amendment thereof) shall be submitted to, and approved by, the Planning Board (or its designee), in accordance with PART 3, Division 9, Subdivisions 1 and 3. For the purpose of this review, the site plan approved by the Council shall be considered the Conceptual Site Plan.
(11)
Special Exceptions granted by the District Council for commercial recreational attractions prior to July 1, 1975, shall be considered conforming uses in the same manner as if approved by the District Council in accordance with the provisions of this Section. Any plan of development (now called a site plan), which was approved prior to October 1, 1981, for development pursuant to an approved Special Exception for a commercial recreational attraction shall also fulfill the requirements of this Section for approval of a site plan (formerly concept plan).

(CB-1-1989; CB-20-1991; CB-40-1991; CB-115-1991; CB-56-1993; CB-1-2004)

Effective on: 1/1/1901

Sec. 27-343. Commercial recreational facilities (privately owned) on land leased from a public agency.

(a)

Privately owned recreational facilities, operating on a commercial basis on land leased from a public agency, may be permitted, subject to the following:

(1)
No building or other structure shall be located within fifty (50) feet of any abutting lot or street line;
(2)
The District Council may require additional setbacks, landscaping, screening, or other conditions it deems reasonable in order to protect adjacent properties or for public safety; and
(3)
Prior to consideration by the District Council, the site plan shall be referred to, and approved by, the public agency which owns the subject property.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-343.01. Reserved.

Effective on: 1/1/1901

Sec. 27-343.02. Concrete batching or mixing plant.

(a)

(1)
Mixing plant components and other parts of the operation having the potential for generating adverse impacts (including conveying systems, concrete mixers, weighing hoppers, batching equipment, aggregate bins, truck mixing areas, truck wash-out facilities, and truck parking areas) shall be located at least three hundred (300) feet from the boundary lines of the subject property adjoining any land in any Residential or Commercial Zone (or land proposed to be used for residential or commercial purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone), and one hundred (100) feet from the boundaries of the subject property adjoining any land in any Industrial Zone (or land proposed to be used for industrial purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone). Other fixed installations (including automobile parking, settling ponds, and office uses) shall be located at least one hundred (100) feet from the boundaries of the subject property adjoining any land in any Residential Zone (or land proposed to be used for residential purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone).
(2)
The site plan and information accompanying the application for Special Exception shall be reproducible, or twelve (12) copies shall be submitted. In addition to the requirements of Section 27-296(c), the site plan and accompanying information shall show:
1. (A)
  The components of the mixing plant;
2. (B)
  The daily capacity of the plant;
3. (C)
  The location of all natural material stockpiles;
4. (D)
  The settling ponds, if any;
5. (E)
  The source of water to be used in the operation;
6. (F)
  Truck wash-out facilities, if any;
7. (G)
  The methods of disposing of waste materials;
8. (H)
  The internal traffic circulation system;
9. (I)
  The truck mixing areas;
10. (J)
  The parking and storage areas for all vehicles and equipment; and
11. (K)
  The identification of the trucks and heavy equipment to be used in the plant operation.
(3)
At least thirty (30) calendar days prior to the hearing before the Zoning Hearing Examiner, the applicant shall file a traffic analysis with the Zoning Hearing Examiner for inclusion with the original application, and send a copy to the Planning Board. The traffic analysis shall include the volume of traffic expected to be generated by the operation and shall identify the streets to be used between the site and the nearest other street (to be used) that has a minimum paved width of twenty-four (24) feet for its predominant length.
(4)
Driveways for ingress and egress shall be identified on the site plan, and shall be located so as to not endanger pedestrians or create traffic hazards. The applicant shall identify the dust-control measures to be used on the driveways and the interior traffic circulation system. Any ingress or egress driveway shall have a minimum width of twenty-two (22) feet, and shall be paved for a distance of at least two hundred (200) feet from the boundary line of the Special Exception.
(5)
In addition to the requirements of Section 27-296(c), all applications shall be accompanied by the following:
1. (A)
  A stormwater concept plan approved pursuant to Section 4-322 of this Code;
2. (B)
  A preliminary noise assessment;
3. (C)
  A horizontal profile illustrating all structures and stockpiles; and
4. (D)
  A grading plan that illustrates existing and proposed topography.

(b)

(c)

On land which is located within a Chesapeake Bay Critical Area Overlay Zone, development is subject to Subtitle 5B. No new concrete batching or mixing plant may be located in the R-C-O.

(CB-45-1986; CB-72-1972; CB-1-1989; CB-76-2010; CB-29-2014)

Effective on: 1/1/1901

Sec. 27-343.03. Concrete recycling facility.

(a)

A concrete recycling facility may be permitted, subject to the criteria below.

(1)
Concrete recycling facility components and other parts of the operation having the potential for generating adverse noise, dust, or vibration impacts shall be located at least three hundred (300) feet from the boundary lines of the subject property adjoining any land in any Residential or Commercial Zone (or land proposed to be used for residential or commercial purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone), and one hundred (100) feet from the boundaries of the subject property adjoining any land in any Industrial Zone (or land proposed to be used for industrial purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone). Other fixed installations (including automobile parking, settling ponds, and office uses) shall be located at least one hundred (100) feet from the boundaries of the subject property adjoining any land in any Residential Zone (or land proposed to be used for residential purposes in a Comprehensive Design, Mixed Use, or Planned Community Zone).
(2)
The site plan and information accompanying the application for Special Exception shall be reproducible, or twelve (12) copies shall be submitted. In addition to the requirements of Section 27-296 (c), the site plan and accompanying information shall show:
1. (A)
  The components of the concrete recycling facility;
2. (B)
  The daily capacity of the facility;
3. (C)
  The location of all material stockpiles;
4. (D)
  The settling ponds, if any;
5. (E)
  The source of water to be used in the operation;
6. (F)
  Truck wash-out facilities, if any;
7. (G)
  The methods of disposing of waste materials;
8. (H)
  The internal traffic circulation system;
9. (I)
  The parking and storage areas for all vehicles and equipment; and
10. (J)
  The identification of the trucks and heavy equipment to be used in the facility operation.
(3)
Driveways for ingress and egress shall be identified on the site plan, and shall be located so as to not endanger pedestrians or create traffic hazards. The applicant shall identify the dust-control measures to be used on the driveways and the interior traffic circulation system. Any ingress or egress driveway shall have a minimum width of twenty-two (22) feet, and shall be paved for a distance of at least two hundred (200) feet from the boundary line of the Special Exception.
(4)
In addition to the requirements of Section 27-296 (c), all applications shall be accompanied by the following:
1. (A)
  A stormwater concept plan approved pursuant to Section 4-322 of this Code;
2. (B)
  A preliminary noise assessment;
3. (C)
  A horizontal profile illustrating all structures and stockpiles; and
4. (D)
  A grading plan that illustrates existing and proposed topography.
5. (E)
  A traffic analysis which includes the volume of traffic expected to be generated by the operation and identifies the streets to be used between the site and the nearest other street (to be used) that has a minimum paved width of twenty-four (24) feet for its predominant length.

(b)

(c)

(1)
Habitat protection areas have been or may be designated on the subject property, in accordance with criteria set forth in Subtitle 5B;
(2)
The use is located within the Buffer, as defined in Subtitle 5B;
(3)
The use would result in the substantial loss of long-range (twenty-five (25) years or more) productivity of forest and agriculture, or would result in a degrading of water quality; or
(4)
The subject property contains highly erodible soils.

(CB-78-2004; CB-76-2010; CB-29-2014)

Effective on: 1/1/1901

Sec. 27-344. Congregate living facility.

(a)

A congregate living facility for more than eight (8) elderly or physically handicapped residents, as defined by Section 12-168(a) of this Code, may be permitted, subject to the following:

(1)
There is a demonstrated need for the facility;
(2)
The facility is in compliance with the physical requirements of Subtitle 12, Division 7, of this Code, and shall be operated in accordance with the licensing and other requirements of that Subtitle; and
(3)
There shall be a separate bedroom of a minimum of one hundred (100) square feet for each resident, or a separate bedroom of a minimum of one hundred and sixty (160) square feet for every two residents, or any combination of the above, so as to satisfy the accommodations requirements of the "Regulations for Congregate Living Facilities" (required by Section 12-173(d) of this Code), for the maximum number of permitted residents.

(CB-90-1985)

Effective on: 1/1/1901

Sec. 27-344.01. Consolidated storage.

(a)

Consolidated storage may be permitted, subject to the following:

(1)
The application shall be accompanied by:
1. (A)
  An impact statement explaining:
  1. (i)
    The nature and scope of the operation; and
  2. (ii)
    The type and amount of traffic expected to be generated;
2. (B)
  A description (graphic and narrative) of the proposed architectural façade of the building.
(2)
The subject property shall have frontage on, and direct vehicular access to, an existing street with sufficient capacity to accommodate the type and amount of traffic expected to be generated by the use;
(3)
The use shall be appropriate, given the nature of development in the neighborhood; and
(4)
The District Council shall find that:
1. (A)
  There is a need for the public in the surrounding area;
(5)
The exterior and architectural façade of the building shall be compatible with the prevailing architecture and appearance of other development in the surrounding neighborhood;
(6)
Beginning June 23, 1988, no entrances to individual consolidated storage units shall be visible from a street or from adjoining land in any Residential or Commercial Zone (or land proposed to be used for residential or commercial purposes on an approved Basic Plan for a Comprehensive Design Zone, or any approved Conceptual or Detailed Site Plan);
(7)
Entrances to individual consolidated storage units shall be either oriented toward the interior of the development or completely screened from view by a solid wall, with landscaping along the outside thereof; and
(8)
Consolidated storage for which special exceptions were approved prior to the date reflected in paragraph 6, above, need not meet the provisions set forth in paragraphs 6 and 7, above.

(b)

In addition to what is required by Section 27-296(c)(1)(B), the site plan shall show the topography of the subject lot and abutting lots (for a depth of at least fifty (50) feet).

(CB-1-1989; CB-45-1999)

Effective on: 1/1/1901

Sec. 27-345. Container fabrication.

(a)

The fabrication of containers may be permitted, subject to the following:

(1)
All operations shall be located within a wholly enclosed building; and
(2)
There shall be no outdoor storage of either materials or finished products.

Effective on: 1/1/1901

Sec. 27-346. Reserved.

Effective on: 1/1/1901

Sec. 27-347. Conversion of one-family detached dwelling.

The conversion of a one-family detached dwelling to include a maximum of two (2) additional dwelling units in the same building may be permitted.

Effective on: 1/1/1901

Sec. 27-348. Country inn.

(a)

A privately operated country inn may be permitted, subject to the following:

(1)
The application shall indicate the type of inn proposed (lodging, food service, or both), and shall be accompanied by a description (either graphic or narrative) of the proposed architectural design of the inn;
(2)
Each proposed accessory use shall be identified, and the maximum square footage to be allocated to each use shall be indicated on the site plan submitted with the application. Accessory uses shall be limited to the following:
1. (A)
  Antique shop;
2. (B)
  Gift, Christmas, book, candle, and similar specialty shops;
3. (C)
  Bakery;
4. (D)
  Arts and crafts demonstrations and exhibits, including the sale of products;
5. (E)
  Sale of packaged or canned food products special to the establishment;
6. (F)
  Museums and cultural exhibits;
7. (G)
  Recreational uses for the sole use of overnight guests (for which no additional parking facilities shall be required); and
8. (H)
  Any other similar uses;
(3)
The subject property shall have frontage on, and direct vehicular access to, an existing street with sufficient capacity to accommodate any traffic generated by the inn;
(4)
In the case of publicly owned land, the application shall be accompanied by written evidence indicating approval of the submitted site plan by the public agency which owns the subject property; and
(5)
The District Council shall find that:
1. (A)
  The subject property is of sufficient size to accommodate development of a country inn of the type and scope proposed;
2. (B)
  The environmental setting of the subject property is appropriate for the development of a country inn; and
3. (C)
  The proposed building has historical, cultural, or architectural significance, or the appearance thereof.

Effective on: 1/1/1901

Sec. 27-348.01. Day care center for children.

(a)

A day care center for children may be permitted, subject to the following:

(1)
The District Council may specify the maximum number of children to be enrolled, which may not be increased by State or local health, education, or fire regulations;
(2)
An ample outdoor play or activity area shall be provided, in accordance with the following:
1. (A)
  All outdoor play areas shall have at least seventy-five (75) square feet of play space per child for fifty percent (50%) of the licensed capacity or seventy-five (75) square feet per child for the total number of children to use the play area at one (1) time, whichever is greater;
2. (B)
  All outdoor play areas shall be located at least twenty-five (25) feet from any dwelling on an adjoining lot, and shall be enclosed by a substantial wall or fence at least four (4) feet in height;
3. (C)
  A greater set back from adjacent properties or uses or a higher fence may be required by the District Council if it determines that it is needed to protect the health and safety of the children utilizing the play area;
4. (D)
  Any off-premises outdoor play or activity area shall be located in proximity to the day care center, and shall be safely accessible without crossing (at grade) any hazardous area, such as a street or driveway;
5. (E)
  The play area shall contain sufficient shade during the warmer months to afford protection from the sun;
6. (F)
  Sufficient lighting shall be provided on the play area if it is used before or after daylight hours to insure safe operation of the area; and
7. (G)
  Outdoor play shall be limited to the hours between 7 A.M. and 9 P.M.;
(3)
In the C-W, C-M, I-1, I-2, and I-4 Zones, a Special Exception for a day care center for children shall be allowed only if the Council finds that existing development and uses in the neighborhood (particularly on adjacent properties) will not adversely affect the proposed use.

(b)

In addition to the requirements of Section 27-296(c), the site plan shall show:

(1)
The proposed enrollment;
(2)
The location and use of all buildings located on adjoining lots; and
(3)
The location and size of outdoor play or activity areas.

(c)

(d)

For the purposes of this Section, enrollment shall mean the largest number of children enrolled in the center in any one (1) session.

(CB-23-1988; CB-98-1988; CB-1-1989)

Effective on: 1/1/1901

Sec. 27-348.02. Department or Variety Stores, Department or Variety Stores Combined With Food and Beverage Stores.

(a)

(1)
The site shall have frontage on and direct vehicular access to an existing arterial roadway, with no access to primary or secondary streets.
(2)
The applicant shall demonstrate that local streets surrounding the site are adequate to accommodate the anticipated increase in traffic.
(3)
The site shall contain pedestrian walkways within the parking lot to promote safety.
(4)
The design of the parking and loading facilities shall ensure that commercial and customer traffic will be sufficiently separated and shall provide a separate customer loading area at the front of the store.
(5)
All buildings, structures, off-street parking compounds, and loading areas shall be located at least:
1. (A)
  One hundred (100) feet from any adjoining land in a Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan; and
2. (B)
  Fifty (50) feet from all other adjoining property lines and street lines.
(6)
All perimeter areas of the site shall be buffered or screened, as required by the Landscape Manual; however, the Council may require additional buffering and screening if deemed necessary to protect surrounding properties.
(7)
The building entrance and nearby sidewalks shall be enhanced with a combination of special paving, landscaping, raised planters, benches and special light fixtures.
(8)
The application shall include a comprehensive sign package and a comprehensive exterior lighting plan.
(9)
The applicant shall use exterior architectural features to enhance the site's architectural compatibility with surrounding commercial and residential areas.
(10)
Not less than thirty percent (30%) of the site shall be devoted to green area.

(CB-2-2002; CB-13-2012; CB-64-2012)

Effective on: 1/1/1901

Sec. 27-348.03. Barber Shops.

(a)

A barber shop may be permitted, subject to the following:

(1)
The applicant/barber shop owner must reside on and own the subject property;
(2)
The barber shop use must be accessory to the primary use of the subject property as a single family residence, and must located in a structure which is physically attached to the residence. Additional accessory uses, including but not limited to retail sales of hair and skin products, manicure and pedicure services are prohibited.
(3)
The structure containing the use shall be located at least fifty feet from any dwelling on an adjoining lot;
(4)
Parking shall be provided on the subject site (no parking shall be allowed within the public right of way) at the rate of two (2) spaces for each barber chair and shall be setback at least ten (10) feet from any public right of way and lot line of the subject property and shall be buffered and screened from any adjoining residences not owned by the applicant;
(5)
The applicant/barber shop owner shall pay the appropriate fee to the Department of Public Works and Transportation (DPW&T) for the posting of "No Parking Anytime" signs on all adjoining streets in accordance with DPW&T standards;
(6)
Hours of operation shall be limited to the hours of 9:00 a.m. to 9:00 p.m., Monday through Friday; 7:00 a.m. to 6:00 p.m. Saturday and 10:00 a.m. to 3:00 p.m. on Sunday;
(7)
The use may be identified by an unilluminated sign, not exceeding eight (8) square feet in size attached to the accessory structure; and
(8)
The barber shop use may contain a maximum of three (3) barber chairs and three (3) shampoo bowls.

(b)

In addition to the requirements of Section 27-296(c), the site plan shall show:

(1)
The location of the primary residence and attached accessory structure on the subject property;
(2)
The location and use of all buildings on adjoining lots; and
(3)
The location of and buffering and screening of the required parking area.

(CB-81-2008)

Effective on: 1/1/1901

Sec. 27-349. Distillery for production of fuel alcohol.

(a)

A distillery for the production (and incidental bulk storage) of fuel alcohol may be permitted, subject to the following:

(1)
If the use is not operated in strict compliance with all Federal, State, and local laws and regulations applicable to the use, the Director of the Department of Permitting, Inspections, and Enforcement may immediately suspend the use and occupancy permit. The District Council may revoke the Special Exception upon petition by the Director in accordance with Section 27-328 of this Subtitle;
(2)
The subject property shall have frontage on, and direct vehicular access to, an existing street with sufficient capacity to accommodate the type and amount of traffic generated by the requested use. Vehicular access shall not be by means of streets internal to subdivisions for one-family dwellings;
(3)
In the O-S and R-A Zones, the subject property shall contain at least eighty (80) contiguous acres. All buildings, storage areas, and parking areas for the distillery shall be located at least two hundred (200) feet from all boundary lines of the subject property. The building height limit shall be as shown on the approved site plan, in lieu of that specified for the zone in which the use is located;
(4)
In the I-1 Zone, the subject property shall contain at least twenty-five (25) contiguous acres, and all buildings, storage areas, and parking areas for the distillery shall be located at least one hundred (100) feet from all boundary lines of the subject property;
(5)
All operations (except for permitted outdoor storage) shall be located in a wholly enclosed building;
(6)
The release, disposal, or storage of waste materials shall not be visible from off-site;
(7)
There shall be no outdoor storage of the finished product. Bulk storage of the finished product in a wholly enclosed building shall be considered an accessory use;
(8)
Raw materials, waste products, and other byproducts associated with the process shall be identified by the applicant prior to approval. Outdoor storage of raw materials, waste products, and other byproducts may be permitted. The outdoor storage area shall be buffered or screened in accordance with the provisions of the Landscape Manual;
(9)
An impact statement shall be submitted explaining:
1. (A)
  The proposed architectural design (graphic or narrative) of all buildings and structures;
2. (B)
  The scope of the operation;
3. (C)
  The proposed hours of operation;
4. (D)
  The provisions to be made for the control of noxious and offensive odors;
5. (E)
  The air pollution, water quality, and noise control measures to be taken;
6. (F)
  The type and amount of traffic expected to be generated; and
7. (G)
  The compatibility of the use with the surrounding area.
(10)
The District Council shall find that:
1. (A)
  The subject property is of sufficient size to accommodate development of the type and scope proposed;
2. (B)
  The location of the subject property is appropriate, given the nature of development and uses on adjoining properties and in the general neighborhood; and
3. (C)
  The facility will be designed and operated to blend harmoniously with the site, itself, and the surrounding area, taking into account architectural features, hours of operation, screening, and the orientation of the facility on the site.

(CB-50-1984; CB-33-1985; CB-1-1989; CB-29-2014)

Effective on: 1/1/1901

Sec. 27-350. Reserved.

Effective on: 1/1/1901

Sec. 27-350.01. Drug store.

(a)

A drug store may be permitted, subject to the following:

(1)
The applicant shall show a reasonable need for the use in the neighborhood.
(2)
The size and location of, and access to, the establishment shall be oriented toward meeting the needs of the neighborhood.
(3)
The proposed use shall not unduly restrict the availability of land or upset the balance of land use; and
(4)
In the I-1 and I-2 Zones, the proposed use shall be located in an area which is or will be developed with a concentration of industrial or office uses.

(CB-91-1986)

Effective on: 1/1/1901

Sec. 27-351. Dwelling units within building containing commercial uses.

(a)

Dwelling units may be permitted within a building containing commercial uses, subject to the following:

(1)
The building shall contain at least four (4) stories;
(2)
All dwellings shall be located above the third story of the building. No basement shall be considered a "story" for the purpose of this Section;
(3)
For the purpose of this Section, all dwellings shall be considered multifamily;
(4)
Where the use is proposed to be located within an existing commercial building by increasing the height of the building, the building line and setback requirements of Section 27-462 shall not apply. The dimensions for building lines and setbacks shown on the approved site plan shall constitute the regulations for development under a given Special Exception;
(5)
The site plan shall show the type, location, and extent of commercial uses within the building, and the total number of proposed dwelling units;
(6)
The total number of dwelling units shall be specifically approved;
(7)
The applicant shall demonstrate that:
1. (A)
  There is a compatible and functional interrelationship between the commercial, residential, and off-street parking components, taking into account the physical locations of the components relative to each other and the access to each; and
2. (B)
  The proposed development will not create, or substantially contribute to, traffic problems in the area; and
(8)
The District Council shall find that:
1. (A)
  The location of the subject property is suitable for the type and scope of development proposed, taking into account such factors as the existing urbanization of the neighborhood, traffic, and the character of surrounding properties and the neighborhood in general;
2. (B)
  The subject property is of sufficient size to accommodate development of the type and scope proposed; and
3. (C)
  The proposed development is consistent with the commercial character and appearance of the subject property.

(CB-28-1985; CB-22-2019)

Effective on: 1/1/1901

Sec. 27-352. Reserved.

Effective on: 1/1/1901

Sec. 27-352.01. Elderly housing (one-family attached dwellings).

(a)

Attached one-family dwellings for the elderly (and related facilities) may be permitted, subject to the following:

(1)
The subject property shall not be adjoining property in the R-O-S or O-S Zones, unless it is separated by an arterial roadway;
(2)
The site plan shall show the density (which shall not exceed the maximum allowable density of the zone in which the use is located, as set forth in Section 27-442(h), and the type and total number of dwelling units proposed (which may also include one-family detached dwellings);
(3)
The District Council shall find that the subject property is suitable for the type of development proposed and is of sufficient size to properly accommodate the proposed number of dwelling units;
(4)
A recreational facilities plan shall be submitted demonstrating that sufficient recreational facilities or opportunities are provided to serve the prospective resident population, consistent with their needs and abilities. Facilities may be provided on-site or within adjoining development. In any case, but particularly if on adjoining property, there shall be a staging plan for the facilities constructed. Recreational areas should be clustered together to increase levels of activity, use of amenities, and the sense of vitality of the community;
(5)
Regulations restricting the height of structures, lot size and coverage, frontage, setbacks, and any other requirements of the specific zone in which the use is proposed (excluding density, which shall be governed by Section 27-352.01(a)(2)) shall not apply to uses and structures provided for in this Section. The dimensions and percentages shown on the approved site plan shall constitute the regulations for a given Special Exception;
(6)
The owner of the property shall record among the Land Records of Prince George's County a declaration of covenants which establishes that the premises will be solely occupied by elderly families for a fixed term of not less than sixty five (65) years. The covenant shall run to the benefit of the County; and
(7)
The following guidelines should be considered:
1. (A)
  Dwelling units should be clustered around a central focal point or public space and should avoid linear design. Open space should be oriented to provide the best possible separation or buffer from adjoining single-family detached uses. The requirements of Section 24-137(g)(1), (2), and (5) through (10) shall serve as guidelines for site layout.
2. (B)
  No less than ten percent (10%) of the land area should be devoted to open space, recreation facilities, and social-oriented amenities.
3. (C)
  If a community building is proposed, no less than three (3) physically separate areas, which shall include the separation of a single room, should be provided within the building for recreational and social-oriented amenities of varying activity levels.
4. (D)
  Each outdoor space intended for active recreation should be a minimum of fifty (50) feet in width in least dimension, with a minimum area of five thousand (5,000) square feet.

(b)

Notwithstanding the provisions of subsection (a) of this Section, attached one-family dwellings for the elderly (and related facilities) may be permitted in the R-R Zone, subject to the following:

(1)
The gross tract area shall be between nine (9) and twenty (20) acres;
(2)
The property shall be located adjacent to a park owned by a public agency or land zoned R-O-S and owned by a public agency or the United States of America;
(3)
The property shall have at least one hundred fifty (150) feet of frontage on, and direct vehicular access to, a roadway with a functional transportation classification of collector or arterial;
(4)
Density shall be limited to no more than eight (8) dwelling units to the acre;
(5)
Regulations restricting the height of structures, lot size and coverage, frontage, setbacks, density, and any other requirements of the specific zone in which the use is proposed shall not apply to uses and structures provided for in this Section. The dimensions and percentages shown on the approved site plan shall constitute the regulations for a given Special Exception;
(6)
Recreational facilities shall be required. The requirement may be satisfied with a combination of on-site and off-site facilities. On-site facilities may be passive or active. Off-site recreational facilities obligations may be satisfied through contributions to the adjacent public-owned parkland, in coordination with the Prince George's County Department of Parks and Recreation; and
(7)
Age restrictions in conformance with the Federal Fair Housing Act shall be set forth in covenants submitted with the application. The covenants shall run to the benefit of the County, shall be approved by the District Council, and filed in the Land Records for Prince George's County shall be approved by the District Council, and filed in the land records at the time the final subdivision plat is recorded.
(8)
The requirements of Section 27-352.01(a)(7) shall apply.

(CB-71-1996; CB-106-2021)

Effective on: 1/1/1901

Sec. 27-352.02. Elderly housing (one-family detached dwellings).

(a)

Detached one-family dwellings for the elderly (and related facilities) may be permitted on a maximum of six (6) acres located in the Developing Tier as of November 30, 2004, subject to the following:

(1)
The subject property may not be adjoining property in the R-O-S or O-S Zones, unless it is separated by an arterial roadway.
(2)
The density may not exceed six (6) dwelling units per acre.
(3)
The District Council's detailed finding that the subject property is suitable for the type of development proposed and is of sufficient size to properly accommodate the proposed number of dwelling units.
(4)
A recreational facilities plan shall be submitted demonstrating that sufficient recreational facilities or opportunities are provided in accordance with the adopted Department of Parks and Recreation Standards to serve the prospective resident population, consistent with their needs and abilities. Facilities may be provided on-site or within adjoining development. In any case, but particularly if on adjoining property, there shall be a staging plan for the facilities constructed. Recreational areas should be clustered together to increase levels of activity, use of amenities, and the sense of vitality of the community.
(5)
Regulations restricting the height of structures, lot size and coverage, frontage, and setbacks, shall be in accordance with the requirements of the R-55 Zone.
(6)
For purposes of this Section, elderly housing is defined as housing for older persons as provided in Title 42 USC, Section 3607B and the regulations issued thereunder, and intended for and solely occupied by persons sixty-two (62) years of age and older.
(7)
The following guidelines should be considered:
1. (A)
  Open space should be oriented to provide the best possible separation or buffer from adjoining single-family detached uses. The requirements of Section 24-137 (g)(6) through (10) shall serve as guidelines for site layout.
2. (B)
  No less than ten percent (10%) of the land area should be devoted to open space, recreation facilities, and social-oriented amenities.
3. (C)
  If a community center is proposed, it shall have at least three (3) physically separate areas, including at least one (1) separate room. The separate areas shall provide space for recreational and social activities at different intensity levels.
4. (D)
  Each outdoor space intended for active recreation should be a minimum of fifty (50) feet in width in least dimension, with a minimum area of five thousand (5,000) square feet.
(8)
The following shall be reviewed at the time of Special Exception to address appearance and quality issues: size of dwelling units, construction material, garages, roof pitch, ceiling height, and amenities.

(CB-90-2004)

Effective on: 1/1/1901

Sec. 27-353. Farm implement sales or repair; farm supply sales.

(a)

(1)
Vehicular access to the subject property shall not be by means of any street internal to a subdivision for one-family dwellings.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-354. Fertilizer manufacturing.

(a)

The manufacturing of fertilizer may be permitted, subject to the following:

(1)
All operations shall be confined to the interior of a wholly enclosed building;
(2)
There shall be no outside storage of either raw materials or finished products; and
(3)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation;
2. (B)
  The provisions for control of noxious odors;
3. (C)
  The pollution control measures to be taken; and
4. (D)
  The compatibility of the use with the surrounding area.

Effective on: 1/1/1901

Sec. 27-355. Food or beverage store.

(a)

A food or beverage store may be permitted, subject to the following:

(1)
The applicant shall show a reasonable need for the use in the neighborhood;
(2)
The size and location of, and access to, the establishment shall be oriented toward meeting the needs of the neighborhood;
(3)
The proposed use shall not unduly restrict the availability of land, or upset the balance of land use, in the area for other allowed uses;
(4)
In the I-1 and I-2 Zones, the proposed use shall be located in an area which is (or will be) developed with a concentration of industrial or office uses;
(5)
The retail sale of alcoholic beverages from a food or beverage store approved in accordance with this Section is prohibited; except that the District Council may permit an existing use to be relocated from one C-M zoned lot to another within an urban renewal area established pursuant to the Federal Housing Act of 1949, where such use legally existed on the lot prior to its classification in the C-M Zone and is not inconsistent with the established urban renewal plan for the area in which it is located.

(CB-93-1984; CB-131-1984; CB-33-1985; CB-123-1985; CB-112-1986; CB-86-1988)

Effective on: 1/1/1901

Sec. 27-356. Foundry.

(a)

A foundry (for nonornamental ferrous metals) may be permitted, subject to the following:

(1)
All operations shall be confined to the interior of a wholly enclosed building;
(2)
There shall be no outside storage of raw materials or finished products;
(3)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation;
2. (B)
  The pollution control measures to be taken; and
3. (C)
  The compatibility of the use with the surrounding area.

Effective on: 1/1/1901

Sec. 27-356.01. Fraternity or sorority house.

(a)

A fraternity or sorority house may be permitted, subject to the following:

(1)
The proposed site plan shall show:
1. (A)
  The number of residents who will be accommodated;
2. (B)
  Uses on adjoining properties;
3. (C)
  Zoning of adjoining properties; and
4. (D)
  Distance to adjoining dwellings.
(2)
The use shall not adversely affect the character, use, or quiet enjoyment of adjoining properties.
(3)
The subject property, including the building, shall be of sufficient size for the proposed use.

Effective on: 1/1/1901

Sec. 27-357. Funeral parlor or undertaking establishment.

(a)

A funeral parlor or undertaking establishment may be permitted subject to the following:

(1)
The minimum side and rear yard setbacks shall be at least fifty (50) feet each, when adjoining land in any Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan;
(2)
If the subject property is located in a Residential Zone, it shall contain at least one and one-half (1 1/2) contiguous acres;
(3)
The use shall not depreciate the value of neighboring properties;
(4)
The use shall not adversely affect the character of neighboring properties; and
(5)
The use shall not create undue traffic congestion.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-358. Gas station.

(a)

A gas station may be permitted, subject to the following:

(1)
The subject property shall have at least one hundred and fifty (150) feet of frontage on and direct vehicular access to a street with a right-of-way width of at least seventy (70) feet;
(2)
The nearest gas pump on the subject property shall be located at least three hundred (300) feet from any lot on which a school, outdoor playground, library, hospital, or a structure used as a residence is located;
(3)
The use shall not include the display and rental of cargo trailers, trucks, or similar uses, except as a Special Exception in accordance with the provisions of Section 27-417;
(4)
The storage or junking of wrecked motor vehicles (whether capable of movement or not) is prohibited;
(5)
Access driveways shall be not less than thirty (30) feet wide unless a lesser width is allowed for a one-way driveway by the Maryland State Highway Administration or the County Department of Permitting, Inspections, and Enforcement, whichever is applicable, and shall be constructed in compliance with the minimum standards required by the County Road Ordinance or Maryland State Highway Administration regulations, whichever is applicable. In the case of a corner lot, a driveway may begin at a point not less than twenty (20) feet from the point of curvature (PC) of the curb return or the point of curvature of the edge of paving at an intersection without curb and gutter. A driveway may begin or end at a point not less than twelve (12) feet from the side or rear lot line of any adjoining lot;
(6)
Access driveways shall be defined by curbing;
(7)
A sidewalk at least five (5) feet wide shall be provided in the area between the building line and the curb in those areas serving pedestrian traffic;
(8)
Gasoline pumps and other service appliances shall be located at least twenty-five (25) feet behind the street line;
(9)
Repair service shall be completed within forty-eight (48) hours after the vehicle is left for service. Discarded parts resulting from any work shall be removed promptly from the premises. Automotive replacement parts and accessories shall be stored either inside the main structure or in an accessory building used solely for the storage. The accessory building shall be wholly enclosed. The building shall either be constructed of brick (or another building material similar in appearance to the main structure) and placed on a permanent foundation, or it shall be entirely surrounded with screening material. Screening shall consist of a wall, fence, or sight-tight landscaping material, which shall be at least as high as the accessory building. The type of screening shall be shown on the landscape plan.
(10)
Details on architectural elements such as elevation depictions of each façade, schedule of exterior finishes, and description of architectural character of proposed buildings shall demonstrate compatibility with existing and proposed surrounding development.
(11)
At least two (2) Level 3 or DC fast charger electric vehicle charging stations must be provided on-site for public use.
(12)
Any Special Exception or Detailed Site Plan application filed prior to January 1, 2022, and approved shall not be subject to this provision and shall be deemed a conforming use.

(b)

In addition to what is required by Section 27-296(c), the site plan shall show the following:

(1)
The topography of the subject lot and abutting lots (for a depth of at least fifty (50) feet);
(2)
The location and type of trash enclosures; and
(3)
The location of exterior vending machines or vending area.

(c)

(d)

When approving a Special Exception for a gas station, the District Council shall find that the proposed use:

(1)
Is necessary to the public in the surrounding area; and
(2)
Will not unduly restrict the availability of land, or upset the balance of land use, in the area for other trades and commercial uses.

(CB-8-1984; CB-1-1989; CB-48-1998; CB-22-1999; CB-72-1999; CB-29-2014; CB-48-2021)

Effective on: 1/1/1901

Sec. 27-359. Golf course; private club; nonprofit recreational uses.

(a)

(b)

A golf course may be permitted in the V-L and V-M Zones, provided the District Council finds that the proposed use:

(1)
Preserves the open space, scenic vistas, and environmental features of the area;
(2)
Complements the natural characteristic of the area; and
(3)
Provides enjoyment or recreational activities, including passive recreational activities, for the residents of the Zone.

(CB-10-1992)

Effective on: 1/1/1901

Sec. 27-360. Reserved.

Effective on: 1/1/1901

Sec. 27-361. Heavy armament fabrication.

(a)

The fabrication of heavy armament may be permitted, subject to the following:

(1)
All operations shall be confined to the interior of a wholly enclosed building;
(2)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation;
2. (B)
  The proposed buffering and screening of any outdoor storage areas; and
3. (C)
  The compatibility of the uses with the surrounding area.

Effective on: 1/1/1901

Sec. 27-362. Health campus.

(a)

A health campus may be permitted, subject to the following:

(1)
General requirements.
1. (A)
  The subject property shall be suitable for the integration of a hospital and other medical facilities with any proposed residences, services, and recreational facilities.
(2)
Special requirements.
1. (A)
  The subject property shall contain at least twenty-five (25) contiguous acres, except as provided in paragraph (5), below;
2. (B)
  The subject property shall have frontage on, and direct vehicular access to, a street with sufficient capacity to accommodate the traffic generated by the campus;
3. (C)
  All buildings and structures shall be located at least:
  1. (i)
    Fifty (50) feet from all adjoining property lines (except street lines); and
  2. (ii)
    Twenty-five (25) feet from all adjoining street lines;
4. (D)
  All off-street parking and loading facilities shall be located at least:
  1. (i)
    Fifty (50) feet from any adjoining land in a Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan;
  2. (ii)
    Six (6) feet from any adjoining street; and
  3. (iii)
    Ten (10) feet from any other land than that in (i) and (ii), above;
5. (E)
  All of the parking and loading needs of employees and residents of, and visitors and delivery services to, the site shall be met on the subject property;
6. (F)
  All perimeter setback areas of the site shall be buffered or screened in accordance with the provisions of the Landscape Manual. The applicant shall demonstrate that the required buffer yards will provide reasonable sight and sound barriers;
7. (G)
  Not less than forty percent (40%) of the site shall be devoted to green area; and
8. (H)
  Regulations restricting location, height, coverage, density, frontage, and yards, of buildings and structures, as specified for the zone in which such campus is located, shall not apply to uses or structures provided for in this Section. The dimensions and percentages shown on the approved site plan shall constitute the regulations for development under a given Special Exception.
9. (I)
  Notwithstanding Section 27-118.01, more than one (1) building may be located on a lot containing a one-family dwelling.
(3)
Uses.
1. (A)
  Only those uses which appear on an approved site plan shall be permitted on the health campus. The District Council may only approve those uses which provide a harmonious, balanced mix of medical, residential, and limited commercial uses, and which are necessary to meet the needs of the campus. Every health campus shall contain a general acute care hospital developed as the core of the campus. Other uses may include, (but need not be limited to) the following:
  1. (i)
    Medical facilities, including professional offices, medical laboratories and testing facilities, clinical facilities, professional or paramedical training centers, ambulatory care facilities, and accessory uses. Business signs in conjunction with approved medical facilities shall only be permitted in accordance with the provisions of PART 12 of this Subtitle applicable to the C-O Zone;
  2. (ii)
    Nursing and care homes; medical day care, adult day care, respite care, and day care for sick children (all of which may include areas beyond the health campus as their service area); rental dwelling units for the use of staff, visitors, and elderly or physically handicapped persons; one (1) motel or hotel as an integral part of the campus; provided that day care for sick children shall only be provided in a licensed hospital unit.
  3. (iii)
    Retail commercial and service uses (including accessory warehousing and laundry facilities), which are strictly related and subordinate to the medical/residential character of the campus, and which directly serve the residents, employees and guests of the campus or other campuses or medical facilities. The commercial uses shall be chosen to reflect their local orientation to the immediate campus vicinity, and shall be of such size and scope as to not interfere with existing or proposed retail uses located in the off-campus area. Business signs in conjunction with retail commercial uses shall only be permitted in accordance with the provisions of PART 12 of this Subtitle applicable to the commercial zones (other than the C-O Zone); and,
  4. (iv)
    Recreational and social uses, such as swimming pools, tennis courts, athletic facilities, community centers, assembly halls, or private educational institutions, limited to use by only campus residents, employees, and guests.
(4)
Site plans and other submission requirements.
1. (A)
  In addition to the requirements of Section 27-296(c), the site plan shall set forth the:
  1. (i)
    Use, character, and zoning classification of adjoining properties;
  2. (ii)
    Existing and proposed right-of-way and paving widths of adjoining streets;
  3. (iii)
    Existing and proposed topography of the site at not more than five (5) foot contour intervals;
  4. (iv)
    Existing and proposed drainage patterns;
  5. (v)
    Existing vegetation and other natural features; and
  6. (vi)
    Proposed provisions for erosion and sediment control and storm water management.
(5)
Addition of land.
1. (A)
  After the approval of a Special Exception, any addition of land to the campus shall be the subject of a new Special Exception application. The site plan accompanying the new application shall include the required information for both the previously approved campus and the proposed additional land. The approval of the new site plan shall nullify the previously approved site plan. The additional land shall be contiguous to an approved health campus, and may contain less than twenty-five (25) acres.
(6)
Amendment of site plan.
1. (A)
  Notwithstanding other provisions of this Subtitle concerning revision of site plans, requests to amend a site plan for a health campus shall only be approved by the Planning Board under paragraph 27-362(a)(7) or the District Council under this paragraph 27-362(a)(6). The Planning Board is authorized to grant minor changes to site plans for health campuses, subject to appeal to the District Council. Such amendments to site plans may be permitted provided that any of the following three (3) situations exists:
  1. (i)
    Situation No. 1.
    (aa)
    There is a proposed increase in gross floor area of a building or in land area covered by a structure other than a building (over that approved on the original or amended site plan) which is not greater than ten percent (10%) of the gross floor area or covered land area or 500 square feet, whichever is less (see Figure 40), except as provided in (iii) below; or
    (bb)
    There is a proposed relocation (in any direction) of any improvement (approved on the original or amended plan) which is not greater than ten percent (10%) of the distance to the boundary line of the special exception or twenty (20) feet, whichever is less (see Figure 41).
  2. (ii)
    Situation No. 2.
    (aa)
    There is a proposed expansion or addition of a parking lot or parking garage; or
    (bb)
    There is a proposed change in a landscape plan.
  3. (iii)
    Situation No. 3.
    (aa)
    There is a proposed increase in gross floor area of the hospital for an addition to the emergency room only; and
    (bb)
    There is a proposed relocation of the existing helipad of less than 150 feet to accommodate the addition described in (aa).
2. (B)
  The minor change request shall be in the form of an application filed with the Planning Board. The contents of the application shall be determined by the Planning Board. Along with filing the application, the applicant shall submit an amended site plan and Statement of Justification. The Planning Board shall conduct a public hearing and notice shall be provided in the same manner as for the original application.
3. (C)
  The Planning Board's decision to amend a site plan may be appealed to the District Council upon petition by any person of record. The petition shall specify the error which is claimed to have been committed by the Planning Board and shall also specify those portions of the record relied upon to support the error alleged. 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.
  1. (i)
    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 amended site plan, all written evidence and materials submitted for consideration by the Planning Board, a transcript of the public hearing on the site plan, and any additional information or explanatory material deemed appropriate.
  2. (ii)
    Within forty-five (45) days, 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.
  3. (iii)
    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 amended site plan to the Planning Board to take further testimony or reconsider its decision. Where the Council approves an amended site plan, it shall make the same findings which are required to be made by the Planning Board.
  4. (iv)
    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.
4. (D)
  Requests to amend the approved site plan in all instances other than those described in paragraph 6(A), above, shall be filed concurrently with the Clerk of the Council and the office of the Planning Board. Upon receipt of the request by the Clerk, the Office of the Zoning Hearing Examiner shall schedule a public hearing, which shall occur not less than sixty (60), nor more than one hundred twenty (120), days after receipt of the request. The request shall be reviewed by the Technical Staff, taking into consideration the requirements of this Subtitle. The Technical Staff shall submit its recommendations to the Zoning Hearing Examiner within sixty (60) calendar days from the date of filing. The public hearing shall be conducted by the Zoning Hearing Examiner, at which time the applicant, the Planning Board, Technical Staff, and members of the public may comment on the proposed amendment. The hearing shall be conducted in accordance with Section 27-129. The property shall be posted with a sign in the same manner as required for original applications. After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council.
5. (E)
  Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
6. (F)
  All amendments shall be in conformance with the purposes, regulations, and standards of this Section.
7. (G)
  The approved amended site plan shall become the official site plan, as if it had been approved as a part of the original application for a Special Exception.
8. (H)
  The revised site plan shall comply with all applicable requirements of this Subtitle and with any conditions, relating to the use, imposed by the District Council or Planning Board in the approval of the building or use.
9. (I)
  When a minor change is approved by the Planning Board, any requirements or conditions deemed necessary to protect adjacent properties and the general neighborhood may be added.
(7)
Optional method of amending site plan.
1. (A)
  Notwithstanding the provisions of paragraph 27-362(a)(6), the procedures in this paragraph 27-362(a)(7) may be followed, at the applicant's option, to amend a Special Exception Site Plan for a health campus approved before January 1, 1982, if the application involves at least ten (10) but no more than fifteen (15) acres; if the lots or parcels which are the subject of the application contain a hospital; if all site plan amendments are confined to those lots or parcels; and if the amendments meet all requirements in this paragraph.
2. (B)
  The applicant shall meet all filing requirements for site plan amendments under paragraph (6). The application shall be accepted for processing if it is signed by the owner of the subject lots or parcels where the hospital is located and the improvements will be built.
3. (C)
  Proposed site plan amendments under this paragraph (7) shall meet the following requirements:
  1. (i)
    Amendments may not reduce any setbacks required in this Subtitle or the Landscape Manual;
  2. (ii)
    The site plan as amended shall show compliance with all parking and loading requirements in PART 11;
  3. (iii)
    Amendments may not reduce the greenspace on the subject lots or parcels below twenty percent (20%) of the area of the subject lots or parcels, but if site plan amendments reduce the greenspace on the subject lots, then the greenspace requirement on all property covered by the Special Exception shall also be reduced to twenty percent (20%); and
  4. (iv)
    Amendments may show the following improvements only: additions to the hospital building; one medical office building; and parking structures required for the hospital or office building;
4. (D)
  The application may be approved administratively by the Planning Director, subject to appeal to the Planning Board, but no further administrative appeal is allowed. Notification and posting shall be provided in the same manner as for the original application. Any person who requests it shall be registered as a person of record and given written notice by first-class mail of the Planning Director's final decision. An appeal to the Planning Board may be filed with the Planning Director by any person of record, within thirty (30) days of the mailing of notice of the decision. The Planning Board shall hear and decide the appeal within sixty (60) days of its filing.
(8)
Conversion of hospital to health campus.
1. (A)
  Requests to convert an existing hospital to a health campus shall be made only for residential property containing a minimum of twenty-five (25) acres and shall be processed in accordance with the requirements for an amendment of a health campus site plan.

(CB-57-1986; CB-20-1991; CB-56-1993; CB-41-1998; CB-10-2002; CB-21-2002; CB-1-2004)

Effective on: 1/1/1901

Sec. 27-363. Height limit, dwellings in R-10A and R-10 Zones.

(a)

The construction of any multifamily dwelling in excess of one hundred ten (110) feet in the R-10A or R-10 Zone may be permitted, subject to the following:

(1)
The approval of the Special Exception and the site plan shall be valid for only one (1) year. If, at the end of that time, construction of the proposed dwelling has not begun, the approval shall be considered as having lapsed and shall be of no effect. Construction will be deemed to have begun when all excavation and piers or footings of one (1) or more dwellings have been completed.

(CB-57-1986; CB-1-1989)

Effective on: 1/1/1901

Sec. 27-364. Hospital; nursing or care home; eleemosynary or philanthropic institution.

(a)

A hospital, eleemosynary or philanthropic institution, or nursing or care home may be permitted, subject to the following:

(1)
Hospital:
1. (A)
  Total area - 5 contiguous acres;
2. (B)
  Street frontage - 300 feet; and
3. (C)
  Setback - 50 feet from all boundary lines of the Special Exception.
(2)
Eleemosynary or philanthropic institution, except exclusively office use:
1. (A)
  Total area - 1 acre;
2. (B)
  Street frontage - 150 feet;
3. (C)
  Setback - 25 feet from all boundary lines of the Special Exception.
(3)
Eleemosynary or philanthropic institution, exclusively office use, or office use with one (1) dwelling unit within the main building which is subordinate in floor area to the office use:
1. (A)
  Total area - 20,000 square feet;
2. (B)
  Street frontage - 65 feet;
3. (C)
  Setback - 25 feet from all boundary lines of the Special Exception.
(4)
Nursing or care home where not more than ten (10) persons are cared for:
1. (A)
  Total area - 1/2 acre;
2. (B)
  Street frontage - 150 feet;
3. (C)
  Setback - 25 feet from all boundary lines of the Special Exception.
(5)
Nursing or care home in the C-O Zone where eleven (11) or more persons are cared for:
1. (A)
  Total area - 2 acres, or 300 square feet per person cared for, whichever is greater;
2. (B)
  Street frontage - 150 feet;
3. (C)
  Setback - 25 feet from all boundary lines of the Special Exception.
(6)
Nursing or care home in all other zones where this use is permitted by Special Exception, where eleven (11) or more persons are cared for:
1. (A)
  Total area - 1/2 acre, plus 1,000 contiguous square feet for each person cared for above 10;
2. (B)
  Street frontage - 150 feet;
3. (C)
  Setback - 25 feet from all boundary lines of the Special Exception.

(CB-118-1991; CB-88-1993)

Effective on: 1/1/1901

Sec. 27-365. Hotel or motel.

(a)

A hotel or motel may be permitted (except those covered under Subsection (b), below), subject to the following:

(1)
The proposed use shall be located in an area which is or is to be developed with a concentration of industrial or office uses;
(2)
The proposed use shall have frontage on, and direct vehicular access to, a street with a right-of-way width of at least seventy (70) feet;
(3)
The proposed use may include any of the following accessory uses. All accessory uses, and their square footages, shall be shown on the approved site plan. Notwithstanding any other requirement of this Subtitle, these accessory uses shall be permitted without obtaining a separate Special Exception:
1. (A)
  Cocktail lounge or night club;
2. (B)
  Gift shop;
3. (C)
  Beauty shop;
4. (D)
  Barber shop;
5. (E)
  Auditorium;
6. (F)
  Recreational uses;
7. (G)
  Sauna, public spa, or steam room;
8. (H)
  Solarium;
9. (I)
  Valet shop;
10. (J)
  Similar retail stores and consumer service establishments;
11. (K)
  Restaurant;
12. (L)
  Meeting facilities; and
13. (M)
  Lobby and registration area;
(4)
In reviewing the application, the District Council shall pay particular attention to surrounding existing and proposed land uses and the compatibility of the hotel or motel and its accessory uses with the surrounding area.

(b)

In the R-R Zone, a motel (which may include an accessory swimming pool or public spa for the sole use of transient guests) may be permitted, subject to the following:

(1)
The subject property shall contain at least five (5) acres;
(2)
The lot shall have frontage of at least two hundred (200) feet on and vehicular access to a street with a right-of-way width of at least one hundred twenty (120) feet;
(3)
If the subject property abuts land which is or is to be developed for residential purposes, a substantial, sightly fence at least six (6) feet high shall be constructed and maintained along that part of the property line abutting the residential land;
(4)
No building, structure, or parking area shall be located less than:
1. (A)
  Fifty (50) feet from the street line or land in a Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan;
2. (B)
  Twenty-five (25) feet from land in a Commercial or Industrial Zone, or land proposed to be used for commercial or industrial purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan;
3. (C)
  Two hundred (200) feet from an existing dwelling; or
4. (D)
  One hundred fifty (150) feet from the center line of any street or public right-of-way;
(5)
Each guest room shall have its own toilet and washroom. Cooking facilities shall be prohibited in the rooms; and
(6)
A restaurant or coffee shop (without entertainment) shall be permitted as an accessory use, provided the subject property contains at least seven (7) contiguous acres, and that the motel has at least fifty (50) guest rooms. Parking for the restaurant shall be in addition to that required for the motel.

Effective on: 1/1/1901

Sec. 27-366. Insurance sales office.

(a)

The offices of not more than two (2) insurance brokers, agents, or salesmen may be permitted in a dwelling, subject to the following:

(1)
At least one (1) of the brokers, agents, or salesmen shall be a bona fide resident of the dwelling;
(2)
Suitable office space is not available within the general vicinity;
(3)
At least fifty percent (50%) of the gross floor area of the dwelling shall be devoted to residential use;
(4)
The use shall not alter the residential character or appearance of the premises; and
(5)
Not more than one (1) nonresident clerical assistant may be employed on the premises.

(b)

A use and occupancy permit shall be required for the this use.

Effective on: 1/1/1901

Sec. 27-367. Junk yard.

(a)

A junk yard may be permitted, subject to the following:

(1)
The use shall be enclosed by a solid, sightly light-tight wall or fence at least eight (8) feet high, and found to be satisfactory by the District Council;
(2)
The fence shall not be constructed of corrugated metal or fiberglass or sheet metal;
(3)
Outdoor storage shall not be visible from the ground level beyond the fence; and
(4)
Interior storage shall be located in a fireproof building.

Effective on: 1/1/1901

Sec. 27-368. Kennel.

(a)

A kennel may be permitted as a temporary Special Exception, if adjacent areas are predominantly undeveloped.

(b)

The District Council shall determine the period of time for which the Special Exception is valid, except in the O-S Zone where the Special Exception shall be renewed every three (3) years.

(c)

In the O-S Zone, the subject property shall contain at least ten (10) contiguous acres.

Effective on: 1/1/1901

Sec. 27-369. Landscaping contractor's business.

(a)

A landscaping contractor's business may be permitted, subject to the following:

(1)
The subject property shall contain at least twenty-five (25) contiguous acres. The District Council may reduce this area requirement to no less than five (5) contiguous acres provided: (A) In addition to the justification statement, the applicant files an impact statement explaining the scope of the business, including without limitation, the number of employees, the number and type of trucks and other vehicles and the provisions to protect adjoining and adjacent residential properties from noise, vibration, visual, odor, or other adverse effects; and
1. (B)
  The District Council determines, from the impact statement and evidence in the record, that landscaping, screening, buffering, green area, or special conditions on the subject property will adequately protect adjoining and adjacent residential properties.
(2)
The subject property shall have frontage on, and direct vehicular access to, an existing street with sufficient capacity to accommodate the type and amount of traffic to be generated by the business;
(3)
Vehicular access to the subject property shall not be by means of streets internal to residential subdivisions;
(4)
All business operations (except the outdoor growing of nursery stock) shall be located at least two hundred (200) feet from any abutting land in any Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan. The District Council may waive this setback requirement if it determines that the buffer yard required in the Landscape Manual will adequately protect abutting residential land. These operations shall be screened from the view of the abutting residential land in accordance with the Landscape Manual; and
(5)
Outdoor storage of equipment and materials (except nursery stock) shall not be visible from a street.

(CB-1-1989; CB-21-2004)

Effective on: 1/1/1901

Sec. 27-370. Lawn mower or bicycle repair shop (motorized).

(a)

A shop for the repair of motorized lawn mowers and bicycles may be permitted, subject to the following:

(1)
The entire operation shall be performed in a wholly enclosed building.

Effective on: 1/1/1901

Sec. 27-371. Limited professional uses in multifamily projects.

(a)

The offices of accountants, architects, clergymen, engineers, lawyers, medical practitioners, and those of similar recognized and learned professions may be permitted, subject to the following:

(1)
Office space suitable for the practice of the profession is unavailable in the nearest Commercial Zone;
(2)
Office use shall be limited to not more than four (4) such professionals in any multifamily project;
(3)
The office shall not be located above the ground-level floor, and shall be so located, constructed, and sound controlled as to protect tenants of the building from noise, odor, and office traffic;
(4)
The residential appearance of the exterior of the premises shall not be changed;
(5)
There is a demonstrated need for the use, based on population, the unavailability of other similar professionals in the general vicinity, and other relevant factors; and
(6)
Although the use need not be located in a multifamily building, it shall be located within a multifamily project.

Effective on: 1/1/1901

Sec. 27-371.01. Marinas and marina expansions.

(a)

New marinas may be permitted, subject to the following:

(1)
The use is not located within the Buffer in any Resource Conservation Area;
(2)
The use shall comply with the sanitary requirements of the State Department of Health and Mental Hygiene, as required in Code of Maryland Regulations 10.17.02, and all other State and local Chesapeake Bay Critical Area regulations;
(3)
A means of minimizing the discharge of bottom wash waters from dry dock facilities into tidal waters shall be established;
(4)
It shall be demonstrated that there will be adequate all-weather access from the landward side to accommodate all proposed facilities;
(5)
It shall be demonstrated that there will be safe boating access from the marina to cruising waters;
(6)
The facilities shall be in conformance with the locational requirements set forth in the Master Plan, if applicable;
(7)
Only those facilities that require access to the water may be located within the Buffer;
(8)
To the extent possible, wetlands shall be preserved, and development shall be located in the upland areas;
(9)
Significant fish spawning grounds and shellfish harvesting areas shall be protected;
(10)
An economic feasibility study that justifies the uses, size, and types of boats that are included within the facility shall be submitted with the application;
(11)
The boundaries of water and land which will receive ingress and egress of boats or similar waterborne vehicles associated with the marina shall be shown in the application submittals;
(12)
Prior to the issuance of a building permit, evidence that the required State and federal permits and approvals have been addressed shall be placed in the County's official Special Exception file;
(13)
It shall be demonstrated that the use will not adversely affect water quality;
(14)
The use is water-dependent, pursuant to the definition of water-dependent uses set forth in COMAR 14.15.03.01 and the criteria of COMAR 14.15.03.04.B, or, if the use is not water-dependent, structures or activities shall be located outside the Buffer insofar as possible;
(15)
The use meets a recognized public or private need;
(16)
Adverse effects on water quality and on fish, plant, and wildlife habitats are minimized;
(17)
The use is consistent with the approved Master Plan for the area;
(18)
The activities will not significantly alter existing water circulation patterns or salinity regimes;
(19)
The water body upon which these activities are proposed has adequate flushing characteristics in the area;
(20)
Disturbance to wetlands, submerged aquatic plant beds, or other areas of important habitats will be minimized;
(21)
Dredging shall be conducted in a manner, and using a method, which causes the least disturbance to water quality and aquatic and terrestrial habitats in the area immediately surrounding the dredging operation or within the Critical Area, generally;
(22)
Dredged spoil will not be placed within the Buffer or elsewhere in that portion of the Chesapeake Bay Critical Area Overlay Zones which has been designated as a Habitat Protection Area, except as necessary for:
1. (A)
  Backfill for permitted shore erosion protection measures;
2. (B)
  Use in approved vegetated shore erosion projects;
3. (C)
  Placement on previously approved channel maintenance spoil disposal areas; and
4. (D)
  Beach nourishment; and
(23)
Interference with the natural transport of sand will be minimized.

(b)

Existing marinas may be expanded, subject to the following:

(1)
The use shall be in compliance with the above requirements for new marinas; and
(2)
It shall be demonstrated that the expansion will result in an overall net improvement in water quality.

(CB-72-1987; CB-57-1989)

Effective on: 1/1/1901

Sec. 27-372. Massage establishment.

(a)

A massage establishment may be permitted, subject to the following:

(1)
The structure in which the use is proposed shall be located at least one thousand (1,000) feet from any land in any Residential Zone, land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan, or any school, library, park, recreational facility, or church.

Effective on: 1/1/1901

Sec. 27-372.01. Medical Cannabis Uses—Dispensary (M-U-I and M-X-T Zones).

(a)

The boundaries of property used as a medical cannabis dispensary shall be:

(1)
at least 500 feet from any R-A, R-E, R-L, R-R, R-S, R-80, or R-55 Zone;
(2)
at least 500 feet from any recreation center, playground or trail owned by the Maryland-National Capital Park and Planning Commission;
(3)
at least 500 feet from any school land uses; and
(4)
at least one mile from any other medical cannabis dispensary use.

(b)

(c)

Medical cannabis dispensary is not permitted as an accessory use.

(d)

Outdoor signage shall be limited to building mounted signs and advertisement for cannabis or cannabis products is prohibited.

(CB-5-2016; CB-41-2021)

Effective on: 1/1/1901

Sec. 27-373. Medical practitioner's office in a one-family dwelling.

(a)

A medical practitioner's office may be permitted in a one-family dwelling, subject to the following:

(1)
In each dwelling, there may be either two (2) practitioners who are bona fide residents of the dwelling or not more than two (2) practitioners who are not bona fide residents of the dwelling;
(2)
The applicant shall demonstrate that there is a need for an additional practitioner in the area, based on the population to be served and the availability of other practitioners in the general vicinity;
(3)
Commercially zoned office space (suitable for the practice) is not available in the neighborhood;
(4)
The use shall not alter the residential character or appearance of the premises;
(5)
Not more than a combined total of four (4) nonprofessional assistants may be employed on the premises at any one (1) time, whether in connection with a practitioner's office or another permitted use;
(6)
A use and occupancy permit shall be required for this use; and
(7)
The Zoning Enforcement Officer shall investigate all complaints about uses granted under this Section, and shall forward a report thereon (with or without recommendation) to the District Council. The District Council may, after sending notice to the property owner and following a public hearing held by the Zoning Hearing Examiner in accordance with Section 27-129 on the matter, revoke, suspend, or modify the Special Exception, upon a finding that the use has an adverse effect upon the neighborhood. The following procedures shall apply:
1. (A)
  After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council.
2. (B)
  All persons of record shall be given at least ten (10) days written notice by the Clerk of the Council of the date and time of the District Council's consideration of the matter.
3. (C)
  Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council.
4. (D)
  Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.

(CB-56-1993)

Effective on: 1/1/1901

Sec. 27-374. Medical/residential campus.

(a)

A medical/residential campus for retirement-aged persons may be permitted, subject to the following:

(1)
General requirements.
1. (A)
  The campus shall primarily serve needs of the retirement-aged community. Age restrictions in conformance with the Federal Fair Housing Act shall be set forth in covenants submitted with the application and shall be approved by the District Council and filed in the land records at the time the final subdivision plat is recorded;
2. (B)
  The campus shall achieve a balanced residential/medical environment which is unique to the neighborhood in which it is located, and which cannot be achieved through the use of conventional zoning proposals;
3. (C)
  Residences shall be functionally, physically, and architecturally integrated with service and recreational/activity centers;
4. (D)
  Medical services (if any) shall be conveniently located for the residents; and
5. (E)
  Commercial or service-oriented uses shall be grouped together, and shall be located near the population being served.
(2)
Specific requirements.
1. (A)
  The subject property shall contain at least twenty-five (25) contiguous acres;
2. (B)
  The site shall have frontage on, and direct vehicular access to, an existing street with sufficient capacity to accommodate any traffic generated by the campus;
3. (C)
  All buildings, structures, off-street parking compounds, and loading areas shall be located at least:
  1. (i)
    One hundred (100) feet from any adjoining land in a Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan;
  2. (ii)
    Fifty (50) feet from all other adjoining property lines (except street lines); and
  3. (iii)
    Twenty-five (25) feet from all adjoining street lines;
4. (D)
  All perimeter areas of the site shall be buffered or screened in accordance with the provisions of the Landscape Manual, and the applicant shall demonstrate that the required buffer yards will provide reasonable sight and sound barriers;
5. (E)
  Not less than forty percent (40%) of the site shall be devoted to green area;
6. (F)
  Regulations concerning the height of structure, lot size and coverage, frontage, setbacks, density, and other requirements of the specific zone in which such campus is to be located, shall not apply to uses and structures provided for in this Section. The dimensions and percentages shown on the approved site plan shall constitute the regulations for development under a given Special Exception; and
7. (G)
  Notwithstanding Section 27-118.1, more than one (1) dwelling may be located on a lot containing a one-family dwelling.
8. (H)
  Prior to approval of a Special Exception for a medical/residential campus for property for which a subdivision is not approved for the entire property in accordance with the proposed medical/residential campus site plan, the applicant shall demonstrate to the satisfaction of the Zoning Hearing Examiner or of the District Council that the entire development and use meet the following criteria:
  1. (i)
    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 provided by the applicant, will be adequate to carry the anticipated traffic generated by the development based on the maximum proposed density. The uses proposed will not generate traffic which would lower the level of service anticipated by the land use and circulation systems shown on the approved General or Area Master Plans, or urban renewal plans;
  2. (ii)
    Other existing or planned private and public facilities which are existing, under construction, or for which construction funds are contained in the first six (6) years of the adopted County Capital Improvement Program (such as public safety, recreation areas, water and sewerage systems, libraries, and fire stations, but excluding schools) will be adequate for the uses proposed; and
  3. (iii)
    Notwithstanding subparagraphs (i) and (ii), above, where the application anticipates a construction schedule of more than six (6) years, public facilities (existing or scheduled for construction within the first six (6) years) will be adequate to serve the development proposed to occur within the first six (6) years. The Zoning Hearing Examiner or the Council shall also find that public facilities will probably be adequately supplied for the remainder of the project. In considering the probability of future public facilities construction, the Zoning Hearing Examiner or the Council may consider such things as existing plans for construction, budgetary constraints on providing public facilities, the public interest and public need for the particular development, the relationship of the development to public transportation, or any other matter that indicates that public or private funds will likely be expended for the necessary facilities.
(3)
Uses.
1. (A)
  Only those uses which appear on an approved site plan shall be permitted on the medical/residential campus. The District Council may only approve those uses which provide a harmonious, balanced mix of medical, residential, and limited commercial uses primarily serving campus residents, and public, quasi-public, and medical services for the off-campus retirement-aged community. Other uses may include (but need not be limited to) the following:
  1. (i)
    Dwellings, nursing and care homes, and congregate living facilities for the elderly or physically handicapped;
  2. (ii)
    Medical facilities, including professional offices, laboratories, clinics, professional or paramedical training centers, and ambulatory care facilities. Business signs in conjunction with approved medical facilities shall be permitted in accordance with the provisions of PART 12 applicable to the C-O Zone;
  3. (iii)
    Retail commercial uses which are strictly related and subordinate to the residential/medical character of the campus and which directly serve the residents and employees of, or visitors to, the center, including retail uses similar to those in the C-A (Commercial Ancillary) Zone. The uses should be chosen to reflect their local orientation to the immediate campus vicinity and should be of a size and scope so as not to interfere with existing or proposed retail uses located in the off-campus area. Business signs in conjunction with retail commercial uses shall be permitted in accordance with the provisions of PART 12 of this Subtitle applicable to the C-A Zone; and
  4. (iv)
    Recreational and social uses, such as athletic facilities, community centers, and assembly halls, limited to use only by campus residents, employees, and guests.
(4)
Site plan and other submission requirements.
1. (A)
  In addition to the requirements of Section 27-296(c), the site plan shall set forth:
  1. (i)
    Existing and proposed topography at not more than five (5) foot contour intervals;
  2. (ii)
    Existing and proposed drainage patterns;
  3. (iii)
    Existing vegetation and other natural features; and
  4. (iv)
    Proposed provisions for sediment control and storm water management.
(5)
Addition of land.
1. (A)
  After the approval of a Special Exception, any addition of land to the campus shall be the subject of a new Special Exception application. The site plan accompanying the new application shall include the required information for both the previously approved campus and the proposed additional land. The approval of the new site plan shall nullify the previously approved site plan. The additional land shall be contiguous to an approved medical/residential campus, and may be less than twenty-five (25) acres.
(6)
Amendment of site plan.
1. (A)
  Notwithstanding other provisions of this Subtitle concerning the revision of site plans, requests to amend a site plan for a medical/residential campus shall only be approved by the District Council, and in accordance with this paragraph.
2. (B)
  Requests to amend the approved site plan shall be filed concurrently with the Clerk of the Council and the office of the Planning Board. After receipt of the request by the Clerk, the Office of the Zoning Hearing Examiner shall schedule a public hearing, which shall occur not less than sixty (60), nor more than one hundred twenty (120), days after receipt of the request. The request shall be reviewed by the Technical Staff, taking into consideration the requirements of this Subtitle. The Technical Staff shall submit its recommendations to the Zoning Hearing Examiner within sixty (60) calendar days from the date of filing. The public hearing shall be conducted by the Zoning Hearing Examiner, in accordance with Section 27-129, at which time the applicant, Planning Board, Technical Staff, and members of the public may comment on the proposed amendments. The property shall be posted with a sign in the same manner as required for original applications. After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council. Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
3. (C)
  All amendments shall be in conformance with the purposes, regulations, and standards of this Section.
  1. (i)
    The approved amended site plan shall become the official site plan, as if it had been approved as a part of the original application for a Special Exception.

(CB-1-1989; CB-20-1991; CB-56-1993; CB-62-1997; CB-1-2004; CB-78-2005)

Effective on: 1/1/1901

Sec. 27-374.01. Methadone Treatment Centers.

(a)

A methadone treatment center may be permitted, subject to the following:

(1)
The subject structure shall be located at least one thousand (1,000) feet from any residential zone, land proposed to be used for residential purposes on an approved Basic Plan, approved Official Plan for an R-P-C Zone, approved Conceptual or Detailed Site Plan, or property associated with any of the following: school, library, park, playground, or recreational facility;
(2)
As a part of the Special Exception approval, the Council may impose other reasonable requirements deemed necessary to safeguard the health, safety, morals, and general welfare of the community, taking into account the character of surrounding properties and the general neighborhood, and any other uses on the subject property;
(3)
Vehicular access to the subject property shall be adequate, taking into account the scope of the facility, the type and amount of traffic expected to be generated, and the type, service level, and capacity of the streets along which the subject property has frontage; and
(4)
A statement shall be submitted explaining:
1. (A)
  The policies and goals of the center;
2. (B)
  The characteristics and number of occupants to be served;
3. (C)
  The type of care and activities proposed;
4. (D)
  Operating methods and procedures proposed;
5. (E)
  The type and amount of traffic expected to be generated; and
6. (F)
  Other appropriate aspects of the center's operation.

(CB-103-1993)

Effective on: 1/1/1901

Sec. 27-375. Reserved.

Effective on: 1/1/1901

Sec. 27-376. Miscellaneous industrial, manufacturing, and related uses.

(a)

Miscellaneous industrial, manufacturing, and related uses not specifically listed in the respective Industrial Zones may be permitted, subject to the following:

(1)
An impact statement shall be submitted explaining the scope of the operation; and
(2)
The use shall be appropriate in the applicable zone, and in keeping with the purposes of the zone.

Effective on: 1/1/1901

Sec. 27-377. Mobile home.

(a)

A mobile home may be permitted, subject to the following:

(1)
The mobile home shall be restricted to use as a one-family detached dwelling, and be subject to all requirements of this Subtitle applicable to a one-family detached dwelling in the zone in which the mobile home is located;
(2)
The mobile home (and all of its enclosed extensions) shall be situated on, and securely anchored to, a mobile home stand;
(3)
The mobile home (and all of its extensions) shall be suitably treated so that the undercarriage is hidden from view;
(4)
The wheels of the mobile home shall be removed;
(5)
The proposed use shall not detract from the aesthetics of the surrounding neighborhood; and
(6)
The District Council may impose architectural, structural, or other requirements in order to give the mobile home the appearance of a permanent one-family detached dwelling.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-378. Model studio.

(a)

A model studio may be permitted only in the C-M Zone, and only if the applicant establishes the following, by clear evidence:

(1)
The proposed use will not tend to create a nuisance for other uses on the subject property, or for adjacent properties or neighborhood residents, because of traffic, parking problems, noise, or lights on the subject property, and the hours of operation of the use.

Effective on: 1/1/1901

Sec. 27-379. through Sec. 27-381. Reserved.

Effective on: 1/1/1901

Sec. 27-382. Reserved.

Effective on: 1/1/1901

Sec. 27-383. Newspaper publishing establishment; printing office.

(a)

A newspaper publishing establishment or printing office may be permitted, subject to the following:

(1)
The applicant shall submit written assurance from the Department of Permitting, Inspections, and Enforcement that the building is structurally safe for the use.

(CB-29-2014)

Effective on: 1/1/1901

Sec. 27-384. Nonconforming buildings, structures, and uses; alteration, enlargement, extension, or reconstruction.

(a)

(1)
A nonconforming building or structure, or a building or structure utilized in connection with a certified nonconforming use, may be enlarged in height or bulk, provided that the requirements of PART 11 are met with respect to the area of the enlargement.
(2)
A certified nonconforming use may be extended throughout a building in which the use lawfully exists, or to the lot lines of the lot on which it is located, provided that:
1. (A)
  The lot is as it existed as a single lot under single ownership at the time the use became nonconforming; and
2. (B)
  The requirements of PART 11 are met with regard to the extended area.
(3)
A certified nonconforming use may be reconstructed, provided that:
1. (A)
  The lot on which it is reconstructed is as it existed as a single lot under single ownership at the time the use became nonconforming;
2. (B)
  Either the nonconforming use is in continuous existence from the time the Special Exception application has been filed through final action on the application, or the building was destroyed by fire or other calamity more than one (1) calendar year prior to the filing date;
3. (C)
  The requirements of PART 11 are met with respect to the entire use; and
4. (D)
  The Special Exception shall terminate unless a building permit for the reconstruction is issued within one (1) calendar year from the date of Special Exception approval, construction in accordance with the building permit begins within six (6) months from the date of permit issuance (or lawful extension), and the construction proceeds to completion in a timely manner.
(4)
When not otherwise allowed, a certified nonconforming use may be otherwise altered by the addition or relocation of improvements, such as fencing, landscaping, off-street parking and loading areas, and outdoor trash enclosures, or the relocation of buildings or other improvements within the boundary lines of the lot as it existed as a single lot under single ownership at the time the use became nonconforming.
(5)
Any new, or any addition to, or alteration or relocation of an existing building or other improvement (which is either nonconforming or utilized in connection with a certified nonconforming use), shall conform to the building line, setback, yard, and height regulations of the zone in which the certified nonconforming use is located. The District Council may further restrict the location and bulk of the building or structure where the evidence so warrants. If the use is presently permitted by Special Exception in the zone, the new building, improvement, or addition shall conform to all of the physical requirements of the specific Special Exception use.
(6)
The District Council may grant this Special Exception for property within a one hundred (100) year floodplain only after it has determined that the proposed enlargement, extension, reconstruction, or alteration will:
1. (A)
  Not require additional filling in the floodplain;
2. (B)
  Not result in an increase in elevation of the one hundred (100) year flood; and
3. (C)
  Conform with all other applicable requirements of this Subtitle and of Division 2 of Subtitle 4, "Building," of this Code, entitled "Construction or Changes in Floodplain Areas."
(7)
In a Chesapeake Bay Critical Area Overlay Zone, a Special Exception shall not be granted where the existing lot coverage in the CBCA exceeds that allowed by Section 27-548.17, and which would result in a net increase in the existing lot coverage in the CBCA. In addition, a Special Exception shall not be granted which would result in converting a property which currently meets the lot coverage in the CBCA requirements of Section 27-548.17 to a nonconforming status regarding lot coverage in the CBCA, except if a finding of extenuating circumstances is made, such as the necessity to comply with other laws and regulations.

(b)

Applications for this Special Exception shall be accompanied by a copy of the Use and Occupancy Permit for the certified nonconforming use, as provided for in Section 27-241(b).

(c)

(1)
Special conditions or circumstances exist that are peculiar to the subject land or structure and that a literal enforcement of the Overlay Zone provisions would result in unwarranted hardship;
(2)
A literal interpretation of the County's Critical Area Program regulations would deprive the Applicant of rights commonly enjoyed by other properties in similar areas within the Chesapeake Bay Critical Area Overlay Zones;
(3)
The granting of a Special Exception would not confer upon an Applicant any special privilege that would be denied by this Subtitle to other lands or structures within the Chesapeake Bay Critical Area Overlay Zones;
(4)
The request for a Special Exception is not based upon conditions or circumstances which are the result of actions by the Applicant, nor does the request arise from any condition relating to land or building use, either permitted or nonconforming, on any neighboring property;
(5)
The granting of a Special Exception would not adversely affect water quality or adversely impact fish, wildlife, or plant habitat within the Chesapeake Bay Critical Area, and that the granting of the variance would be in harmony with the general spirit and intent of the applicable laws within the Chesapeake Bay Critical Area; and
(6)
The application for a Special Exception has been made in writing to the District Council or Zoning Hearing Examiner, if applicable, with a copy provided to the Chesapeake Bay Critical Area Commission.

(CB-57-1989; CB-65-1990; CB-24-1991; CB-104-1992; CB-7-1993; CB-76-2010)

Effective on: 1/1/1901

Sec. 27-385. Nursery and garden center.

(a)

A nursery and garden center may be permitted, subject to the following:

(1)
The display and sale of items not grown on the premises shall be incidental to the nursery operation. The display area for these items shall involve not more than twenty-five percent (25%) of the total gross display and sales area on the subject property;
(2)
The display, sale, or repair of motorized nursery or garden equipment shall not be permitted;
(3)
The subject property shall contain at least one (1) acre; and
(4)
All sales and loading areas shall be located at least twenty-five (25) feet from any abutting street right-of-way.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-386. Offices (general business and professional).

(a)

General business and professional offices may be permitted in a multifamily dwelling or apartment hotel, subject to the following:

(1)
The lot on which the multifamily dwelling or apartment hotel is located shall be at least eight (8) contiguous acres;
(2)
Professional offices may include the offices of the following:
1. (A)
  Accountants;
2. (B)
  Architects;
3. (C)
  Clergymen;
4. (D)
  Lawyers;
5. (E)
  Medical practitioners; and
6. (F)
  Those of similar recognized and learned professions;
(3)
General business offices may include any business office in which the majority of personal client contact will occur off the premises. These offices may include the following:
1. (A)
  Real estate sales agents;
2. (B)
  Insurance sales agents; and
3. (C)
  Travel agents;
(4)
All offices shall be located and constructed in a manner which protects tenants of the building from noise and traffic, and maximizes their privacy;
(5)
All offices shall be located in a single building and not above ground level at the front of the building;
(6)
There shall be no separate entrance to the offices directly from outside the building;
(7)
One freestanding sign identifying the offices may be permitted in accordance with Section 27-616;
(8)
Off-street parking and loading areas shall be provided for all offices, in addition to those provided for the residential uses. As a part of the approval of the Special Exception, the Council may allow a reduction in this number of required spaces. The reduction shall be based on either:
1. (A)
  The percentage of office space to be used only to serve residents; or
2. (B)
  The availability of parking for offices, because during the times the offices need the spaces, the residents do not need them; and
(9)
No individual office shall exceed three thousand (3,000) square feet of gross floor area.

(CB-73-1985)

Effective on: 1/1/1901

Sec. 27-387. Office (other than accessory to another use).

(a)

An office not accessory to another use may be permitted in the I-4 Zone, subject to the following:

(1)
An impact statement shall be provided, setting forth:
1. (A)
  The nature of the business to be conducted in the office;
2. (B)
  The maximum number of persons expected to be on the premises at any one time;
3. (C)
  The number of traffic trips expected to be generated during the arrival and departure times of employees, and during the peak hours of business; and
4. (D)
  Evidence in support of the information requested in (B) and (C), above;
(2)
A medical practitioner's office may include a private spa.
(3)
The District Council shall find that:
1. (A)
  The use is in keeping with the purpose of the I-4 Zone; and
2. (B)
  The use will not create, or substantially contribute to, traffic problems in the area, when compared with other uses permitted in the I-4 Zone.

Effective on: 1/1/1901

Sec. 27-388. Outdoor display of merchandise.

(a)

The outdoor display of merchandise for retail sale or rental may be permitted to be located more than six (6) feet from the main building, subject to the following:

(1)
The use shall not obstruct the normal flow of pedestrian and vehicular traffic.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-389. Reserved.

Effective on: 1/1/1901

Sec. 27-390. Paper and paperboard products.

(a)

The manufacturing of paper and paperboard products may be permitted, subject to the following:

(1)
All operations shall be located in a wholly enclosed building;
(2)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation;
2. (B)
  The provisions proposed for the control of noxious odors;
3. (C)
  The pollution control measures to be taken;
4. (D)
  The compatibility of the use with the surrounding area.

Effective on: 1/1/1901

Sec. 27-391. Paper recycling collection center.

(a)

The collection, storage, and shipping of recyclable paper may be permitted, subject to the following:

(1)
The subject property shall have frontage on, and direct vehicular access to, an existing street with sufficient capacity to accommodate the type and amount of traffic expected to be generated by the proposed use;
(2)
All operations shall be confined to the interior of a wholly enclosed building. There shall be no outdoor storage;
(3)
The property shall be kept clean and free from debris;
(4)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation;
2. (B)
  The proposed hours of operation;
3. (C)
  The type and amount of traffic expected to be generated; and
4. (D)
  The compatibility of the use with the surrounding area;
(5)
The proposed use of the subject property shall be appropriate, given the nature of development and uses of adjacent properties and in the general neighborhood.

Effective on: 1/1/1901

Sec. 27-392. Parking lot (required) serving adjacent Commercial or Industrial Zone.

(a)

A parking lot which serves a use in an adjacent commercial or industrial zone may be permitted, subject to the following:

(1)
The land proposed for the lot shall either immediately adjoin, or be directly across the street from, the commercially or industrially zoned land to be served;
(2)
The parking lot shall contain not more than one hundred (100) parking spaces, or twenty percent (20%) of the minimum number of spaces required by PART 11, whichever is less;
(3)
The parking lot shall be necessary in order to comply with the minimum requirements of PART 11; and
(4)
The District Council may require additional landscaping and screening to protect adjacent properties against intrusion.

Effective on: 1/1/1901

Sec. 27-393. Parking lot, commercial.

(a)

A commercial automobile parking lot may be permitted, subject to the following:

(1)
The location of driveways or access points will not endanger pedestrians or create traffic hazards;
(2)
No storage, dismantling, or demolition of vehicles shall take place on the premises; and
(3)
In the C-A Zone, the parking lot shall be located within two (2) miles of a Metro rapid transit station, with shuttle service provided to the station.

Effective on: 1/1/1901

Sec. 27-394. Parking of commercial vehicles.

(a)

A commercial vehicle having a manufacturer's gross vehicle weight specification of greater than 17,000 pounds may be permitted, subject to the following:

(1)
Where possible, the vehicle should be parked at least three hundred (300) feet from any dwelling on any adjoining lot, existing at the time of application;
(2)
The applicant shall demonstrate that the anticipated noise levels will not be detrimental to the use of adjacent properties; and
(3)
The vehicle shall be adequately screened from adjacent residentially zoned properties.

(CB-3-1985; CB-35-1993)

Effective on: 1/1/1901

Sec. 27-394.01. Pawnshop.

(a)

A pawnshop may be permitted by Special Exception, subject to the following:

(1)
The structure in which the use is proposed shall be located at least three hundred (300) feet from any school, library, park, recreational facility, and historic site, resource, or district identified on the current Adopted Historic Site and District Plan, or National Register Site or Historic District.
(2)
As a part of the Special Exception approval, the Council may impose other reasonable requirements deemed necessary to safeguard the health, safety, morals, and general welfare of the community, taking into account the character of surrounding properties and the general neighborhood and any other uses on the subject property.
(3)
No Special Exception shall be permitted for a pawnshop located within 2,000 feet of another pawnshop.
(4)
Parking of motor vehicles pledged as collateral permitted on the subject property shall be in addition to parking required pursuant to PART 11.

(CB-28-1997)

Effective on: 1/1/1901

Sec. 27-395. Planned retirement community.

(a)

A planned retirement community may be permitted, subject to the following criteria:

(1)
Findings for approval.
1. (A)
  The District Council shall find that:
  1. (i)
    The proposed use will serve the needs of the retirement-aged community;
  2. (ii)
    The proposed use will not adversely affect the character of the surrounding residential community; and
  3. (iii)
    In the R-A Zone, there shall be a demonstrated need for the facility and an existing medical facility within the defined market area of the subject property.
(2)
Site plan.
1. (A)
  In addition to the requirements of Section 27-296(c), the site plan shall set forth the proposed traffic circulation patterns.
(3)
Regulations.
1. (A)
  Regulations restricting the height of structures, lot size and coverage, frontage, setbacks, density, dwelling unit types, and other requirements of the specific zone in which the use is proposed shall not apply to uses and structures provided for in this Section. The dimensions and percentages shown on the approved site plan shall constitute the regulations for a given Special Exception.
2. (B)
  The subject property shall contain at least twelve (12) contiguous acres.
3. (C)
  The average number of dwelling units per acre shall not exceed eight (8) for the gross tract area.
4. (D)
  In the R-A Zone, buildings shall not exceed three (3) stories.
5. (E)
  In the I-3 Zone, the following shall apply:
  1. (i)
    The gross tract area shall be a minimum of ninety (90) acres with at least twenty-five percent (25%) of its boundary adjoining residentially-zoned land or land used for residential purposes;
  2. (ii)
    The property shall have at least one hundred fifty (150) feet of frontage on, and direct vehicular access to, a public street;
  3. (iii)
    All buildings shall be set back a minimum of seventy-five (75) feet from all nonresidentially-zoned boundary lines or satisfy the requirements of the Landscape Manual, whichever is greater; and
  4. (iv)
    The property shall be located within two (2) miles of mass transit, regional shopping, and a hospital.
6. (F)
  In the I-3 and C-O Zones, townhouses shall comply with the design guidelines set forth in Section 27-274(a)(11) and the regulations for development set forth in Section 27-433(d).
(4)
Uses.
1. (A)
  The planned retirement community shall include a community center or meeting area, and other recreational facilities which the District Council finds are appropriate. These recreational facilities shall only serve the retirement community. The scope of the facilities shall reflect this fact. The Council may only permit a larger facility which serves more than the retirement community if the facility is harmoniously integrated with the retirement community and the surrounding neighborhood. All recreational facilities shall be constructed prior to, or concurrent with, the construction of the residential units, or in accordance with a schedule approved by the District Council;
2. (B)
  Retail commercial uses, medical uses, health care facilities, and other uses which are related to the needs of the community may be permitted.
(5)
Residents' age.
1. (A)
  Age restrictions in conformance with the Federal Fair Housing Act shall be set forth in covenants submitted with the application and shall be approved by the District Council, and filed in the land records at the time the final subdivision plat is recorded.
(6)
Recreational facilities.
1. (A)
  Covenants guaranteeing the perpetual maintenance of recreational facilities, and the community's right to use the facilities, shall be submitted with the application. The covenants shall be approved by the District Council, and shall be filed in the land records at the time the subdivision plat is recorded. If the recreational facilities are to be part of a condominium development, a proposed condominium declaration showing the recreational facilities as general common elements shall be approved by the District Council, and shall be recorded (pursuant to Title II of the Real Property Article of the Annotated Code of Maryland) at the time the subplat is recorded.

(CB-144-1987; CB-1-1989; CB-77-1991; CB-89-1999; CB-22-2002; CB-78-2005)

Effective on: 1/1/1901

Sec. 27-396. Private school.

(a)

A private school which offers instruction at levels above the sixth grade may be permitted, subject to the following:

(1)
There is a demonstrated need for the proposed use in the area;
(2)
The proposed site is of sufficient size to properly accommodate a school of the type proposed without adversely affecting abutting land uses;
(3)
No private school shall be located in a multifamily dwelling or in any building of a multifamily project;
(4)
The Council may specify the maximum number of students to be enrolled, which may not be increased by State or local health, education, or fire regulations; and
(5)
If the school offers general academic instruction below college level, an outdoor play area (or other outdoor activity area) shall be provided, which shall have a usable space of at least one hundred (100) square feet per student. This area shall be located at least twenty-five (25) feet from any dwelling on an adjoining lot, and shall be enclosed by a substantial wall or fence at least five (5) feet high.

(b)

A private school which offers a partial or complete program of elementary school (including kindergarten) or nursery school may be permitted, subject to the following:

(1)
The Council may specify the maximum number of children to be enrolled, which may not be increased by State or local health, education, or fire regulations;
(2)
An outdoor play area shall be provided, which shall have a usable space of at least one hundred (100) square feet per child. This area shall be located at least twenty-five (25) feet from any dwelling on an adjoining lot, and shall be enclosed by a substantial wall or fence at least three (3) feet high;
(3)
No private school, other than a nursery school, shall be located in any multifamily dwelling or in any building of a multifamily project;
(4)
In the C-W, C-M, I-1, I-2, and I-4 Zones, a day care center for children shall be allowed only if the Council finds that existing development and uses in the neighborhood (particularly on adjacent properties) will not adversely affect the proposed use.

(c)

In addition to the requirements of Section 27-296(c), the site plan shall show:

(1)
The character of the proposed use;
(2)
The proposed enrollment;
(3)
The location of all dwellings located on adjoining lots; and
(4)
The location and size of outdoor play (or activity) areas.

(d)

(e)

(f)

(1)
An additional medical use may locate on the campus of an existing private school, as a permitted use, and shall not require an amendment to the approved Special Exception for the private school use, provided that the additional medical use is located within a building on the private school campus that was constructed prior to January 1, 2016.
(2)
If additional parking is required to accommodate the additional medical use, the parking may be approved in accordance with the provisions of Section 27-325 of this Subtitle.
(3)
An amendment to an approved Special Exception for a private school is required for an additional medical use on the campus of an existing private school that is located within a building constructed after January 1, 2016, or located within an addition to an existing building on the private school campus, in accordance with Section 27-324 of this Subtitle.

(CB-133-1984; CB-28-1985; CB-33-1985; CB-23-1988; CB-1-1989; CB-98-2015)

Effective on: 1/1/1901

Sec. 27-397. Public utility use or structure.

(a)

A public utility use or structure may be permitted, subject to the following:

(1)
The use, at the location selected, is necessary for public convenience and service, and cannot be supplied with equal public convenience if located elsewhere;
(2)
Public utility buildings and structures in any Residential Zone, or on land proposed to be used for residential purposes, in a Planned Community Zone shall (whenever feasible) have the exterior appearance of residential buildings;
(3)
Overhead lines, poles, radio or television transmitter towers, and other towers shall not be located in airport approach areas; and
(4)
In Residential Zones, or on land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan, telephone, radio, or television transmission towers shall be set back (from the boundary line of the Special Exception) a distance equal to its height (measured from its base) plus fifty (50) feet.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-398. Racetracks, pari-mutuel.

(a)

A pari-mutuel racetrack (for horse racing) may be permitted, subject to the following:

(1)
The subject property shall contain at least one hundred (100) contiguous acres;
(2)
A racetrack may be used for any of the following:
1. (A)
  Temporary living accommodations, such as trailer pads, mobile homes, and utility hookups, which are used during the permitted racing season by employees, horsemen, owners, or other persons employed in connection with the racetrack, and their families, for not more than two hundred eighteen (218) cumulative days per calendar year;
2. (B)
  One (1) circus and one (1) fair per calendar year (in addition to benefit functions and performances permitted below), not to exceed a twenty (20) calendar-day period for each;
3. (C)
  Trade shows, such as automobile, boat, agricultural, and science shows; exhibitions such as art, handicraft, or antique shows; auctions, flea markets, fashion shows, beauty pageants;
4. (D)
  Dog, cat, horse shows, and rodeos;
5. (E)
  Government-sponsored events and educational conferences;
6. (F)
  Benefit functions (including but not limited to carnivals and bazaars) sponsored and managed by charitable, patriotic, fraternal, educational, religious, political, or civic organizations that are local to or serve Prince George's County;
7. (G)
  Dinner theaters;
8. (H)
  Tennis, handball, and other racquet facilities; horse boarding and horse riding instruction, track meets, and jousting tournaments; and
9. (I)
  Accessory buildings and uses.
(3)
The Zoning Enforcement Officer shall investigate all complaints about uses and shall forward a report on them (with or without recommendation) to the District Council. The District Council may, after giving notice to the property owner and following a public hearing held by the Zoning Hearing Examiner in accordance with Section 27-129, revoke, suspend, modify, or impose conditions upon any of the uses granted, upon a finding that the use adversely affects the health or safety of the residents or workers in the area or is detrimental to the use or development of adjacent properties or the general neighborhood. The following procedures shall apply:
1. (A)
  After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council.
2. (B)
  Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council.
3. (C)
  Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.

(CB-94-1984; CB-33-1985; CB-56-1993; CB-1-2004)

Effective on: 1/1/1901

Sec. 27-399. Real estate sales office.

(a)

The offices of not more than two (2) real estate brokers, agents, or salesmen may be permitted, subject to the following:

(1)
At least one (1) of the brokers, agents, or salesmen shall be a bona fide resident of the dwelling;
(2)
Suitable office space is not available within the general vicinity;
(3)
At least fifty percent (50%) of the gross floor area of the dwelling shall be devoted to residential use;
(4)
The use shall not alter the residential character or appearance of the premises; and
(5)
Not more than one (1) nonresident clerical assistant may be employed on the premises.

(b)

A use and occupancy permit shall be required for this use.

Effective on: 1/1/1901

Sec. 27-400. Recreational campground.

(a)

A recreational campground may be permitted, subject to the following:

(1)
The campground shall be reasonably accessible to an improved public street, and access shall not be by means of streets internal to residential subdivisions for one-family dwellings. Access to campsites shall be provided by well-maintained driveways within the campground. No vehicular access shall be located within three hundred (300) feet of any school, fire station, or hospital;
(2)
The subject property shall contain at least five (5) acres;
(3)
Active recreational areas, consisting of facilities such as swimming pools, children's playgrounds, fishing and boating ponds, shuffleboard courts, tennis courts, bike trails, and golfing facilities shall take up at least ten percent (10%) of the gross campground area, and shall be located at least fifty (50) feet from all boundary lines of the Special Exception.
(4)
Camping trailers shall be parked only on designated campsites, which shall be at least thirty (30) feet wide and contain at least one thousand six hundred (1,600) square feet each. No campsite shall be located less than one hundred (100) feet from any street line or fifty (50) feet from any other boundary line of the Special Exception or any structure (other than a utility structure or campsite shelter) in the campground;
(5)
Retail, service, and commercial recreational activities (including a public spa), which only serve the customary needs of campers, are permitted, provided that:
1. (A)
  The uses are secondary to the campground;
2. (B)
  The uses are internally oriented;
3. (C)
  The uses do not have direct access to a public street; and
4. (D)
  The uses do not display separate signs (from any signs for the campground) which are visible from a street;
(6)
No camping trailer shall be located in a recreational campground for an indefinite period of time. No camping trailer temporarily parked in a campground may be occupied for more than three (3) months in any twelve (12) month period. The wheels of a camping trailer may only be removed for temporary purposes of repair or to attach the trailer to the ground for stabilization;
(7)
Campsites shall not be located on slopes which exceed fifteen percent (15%). Existing vegetation shall be cleared only when necessary for campground facilities and only in accordance with the approved site plan; and
(8)
In addition to the requirements of Section 27-296(c), the site plan shall show:
1. (A)
  The physical characteristics of the site (including existing and planned topography and major stands of trees);
2. (B)
  The proposed type and location of campsites (including designated walk-in sites);
3. (C)
  Proposed pedestrian pathways and bikeways; and
4. (D)
  A description of the utilities to be provided.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-401. Recycling plant.

(a)

A recycling plant for textiles, rubber products, nonferrous metals, or miscellaneous materials may be permitted, subject to the following;

(1)
All operations shall be confined to the interior of a wholly enclosed building;
(2)
There shall be no outside storage of materials used in the operation;
(3)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation;
2. (B)
  The provisions proposed for control of any noxious odors;
3. (C)
  The pollution control measures to be taken; and
4. (D)
  The compatibility of the use with the surrounding area.

Effective on: 1/1/1901

Sec. 27-402. Retail sales and consumer service establishments.

(a)

Retail sales and consumer service establishments may be permitted in a multifamily dwelling or apartment hotel, subject to the following:

(1)
The lot upon which the multifamily dwelling or apartment hotel is located shall contain at least eight (8) contiguous acres;
(2)
The establishments shall be limited to a drug store, amusement arcade (five hundred (500) square foot maximum), sauna, solarium, reducing/ exercise salon, health club, newsstand, barber shop, beauty shop, valet shop, delicatessen, and eating and drinking establishment;
(3)
The establishments shall primarily serve the residents of the multifamily dwelling or project;
(4)
All of the establishments shall be located in a single building;
(5)
The establishments shall not be located above the ground level floor at the front of the building, except eating and drinking establishments, saunas, solariums, and health clubs, which may be located on the top floor of the same building in which the other establishments (if any) are located;
(6)
There shall be no separate entrance directly from the outside of the building to any of the establishments;
(7)
No sign indicating the existence of the establishments shall be visible from outside the building;
(8)
The establishments shall be located and constructed in a manner which protects the tenants of the building from noise and traffic, and maximizes their privacy;
(9)
Deliveries from the establishments shall be made only to residents or occupants of the building or development;
(10)
No group of retail sales establishments shall be considered an "integrated shopping center"; and
(11)
Off-street parking and loading areas shall be provided for all such establishments, in addition to those provided for the residential uses. As a part of the approval of the Special Exception, the Council may allow a reduction in this number of required spaces when the establishments will be used only by residents.

(CB-73-1985)

Effective on: 1/1/1901

Sec. 27-403. Riding stable.

(a)

A riding stable may be permitted as a temporary Special Exception, if adjacent areas are predominantly undeveloped.

(b)

The District Council shall determine the period of time for which the Special Exception is valid.

(c)

A riding stable may be permitted in the V-L and V-M Zones, provided the District Council finds that the proposed use:

(1)
Preserves the agricultural land, open space, scenic vistas, and environmental features of the area;
(2)
Complements the natural characteristic of the area; and
(3)
Provides enjoyment or recreational activities, including passive recreational activities, for the residents of the Zone.

(CB-117-1991; CB-10-1992)

Effective on: 1/1/1901

Sec. 27-404. Rifle, pistol, or skeet shooting range.

(a)

In the O-S, R-A, and R-R Zones, a pistol or outdoor rifle or skeet shooting range may be permitted, if adjacent areas are predominantly undeveloped.

(b)

In the C-S-C Zone, an indoor pistol or rifle range may be permitted, subject to the following:

(1)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the proposed operation;
2. (B)
  Provisions to be taken for soundproofing and safety; and
3. (C)
  The compatibility of the use with the surrounding uses and the general neighborhood;
(2)
The use shall be incidental to a sporting goods shop;
(3)
The use shall be wholly enclosed;
(4)
The proposed safety measures are adequate, taking into account the location of the proposed use, the scope of the operation, and the nature and proximity of surrounding uses.

Effective on: 1/1/1901

Sec. 27-404.01 Reserved.

Editor's note(s)—CR-81-2012 repealed the enactment of CB-18-2007 regarding "Rural Entertainment Park", (Chapter 10, 2007 Laws of Prince George's County, Maryland), effective October 16, 2012.

CB-107-2012 repealed the enactment of CB-18-2007 regarding "Rural Entertainment Park" (Chapter 10, 2007 Laws of Prince George's County, Maryland), effective November 20, 2012.

Effective on: 1/1/1901

Sec. 27-405. Sand and gravel wet-processing.

(a)

Wet-processing of sand and gravel (including only washing, screening, classifying, crushing, and stockpiling of natural materials), may be permitted, subject to the criteria below:

(1)
The subject property shall contain at least fifty (50) contiguous acres. This minimum acreage requirement may be waived by the District Council, provided the property has direct vehicular access to an existing four (4) lane highway.
(2)
Initially, the Special Exception shall be valid for twenty (20) years, unless the District Council grants some lesser time period. Extensions of specific periods may be granted if a new Special Exception application is filed and no substantial adverse impact is found in the continuation of the use. When the subject property is in a Residential Zone, extensions of time may be granted only where the area surrounding the property is not substantially developed with incompatible uses;
(3)
Fixed installations that involve washing, screening, classifying, and crushing facilities, and parking and storage areas for trucks and heavy equipment, shall be located at least four hundred (400) feet from all boundary lines of the subject property; fixed installations that involve automobile parking, and settling ponds shall be located at least two hundred (200) feet from all boundary lines of the subject property; and nonstructural installations that involve stockpiles of natural material shall be located at least three hundred (300) feet from all boundary lines of the subject property. The District Council may waive the three hundred (300) foot setback for stockpiles of natural material when it determines that adequate screening and buffering are being provided.
(4)
The site plan and information accompanying the application for Special Exception shall be reproducible, or twelve (12) copies shall be submitted. In addition to the requirements of Section 27-296(c), the site plan shall show:
1. (A)
  The location of all washing, screening, classifying, and crushing facilities;
2. (B)
  The location of all natural material stockpiles;
3. (C)
  The internal traffic circulation system;
4. (D)
  The parking and storage areas for all vehicles and equipment;
5. (E)
  The settling ponds and water bodies;
6. (F)
  The source of water to be used in the operation; and
7. (G)
  The identification of the trucks and heavy equipment to be used in the plant operation.
(5)
All applications for Special Exception shall be accompanied by the following:
1. (A)
  A stormwater concept plan approved pursuant to Section 4-322 of this Code;
2. (B)
  A preliminary noise assessment;
3. (C)
  A horizontal profile illustrating all structures and stockpiles; and
4. (D)
  A grading plan that illustrates existing and proposed topography.
(6)
At least thirty (30) calendar days prior to the hearing before the Zoning Hearing Examiner, the applicant shall file a traffic analysis with the Zoning Hearing Examiner for inclusion with the original application, and send a copy to the Planning Board. The traffic analysis shall include the volume of traffic expected to be generated by the operation, and shall identify the streets to be used between the site and the nearest other street (to be used) that has a minimum paved width of twenty-four (24) feet for the predominant length of the street.
(7)
Driveways for ingress and egress shall be identified on the site plan, and shall be located so as to not endanger pedestrians or create traffic hazards. The applicant shall identify the dust-control measures to be used on the driveways and the interior traffic circulation system. Any ingress or egress driveway shall have a minimum width of twenty-two (22) feet, and shall be paved for a distance of at least two hundred (200) feet from the boundary line of the Special Exception.
(8)
The Technical Staff Report prepared in response to the application shall include a current, Countywide inventory of the locations, dates of approval, and conditions of approval concerning haul routes and estimated loads per day, for all approved and pending Special Exceptions for sand and gravel wet-processing, sanitary landfills and rubble fills, and surface mining, as indicated by the record in the case. The inventory shall also include the locations of all nonconforming sand and gravel wet-processing, sanitary landfills and rubble fills, and surface mining operations throughout the County that were certified after September 6, 1974.

(b)

In reviewing the application, the District Council shall consider the use of techniques which provide for noise attenuation.

(c)

All information required as part of the Special Exception application shall be referred to the Prince George's County Department of Public Works and Transportation, Prince George's County Soil Conservation District, Washington Suburban Sanitary Commission, Prince George's County Department of Permitting, Inspections, and Enforcement, Maryland State Highway Administration, and Maryland State Water Resources Administration for comment. These agencies shall be given forty-five (45) days to reply. A copy of the same information shall also be submitted to the Sand and Gravel Advisory Committee.

(d)

Wash plants, including ponds, spoil sites, and equipment, are prohibited within the Buffer, as defined in the Conservation Manual, in any of the Chesapeake Bay Critical Area Overlay Zones.

(e)

(CB-16-1984; CB-45-1986; CB-72-1987; CB-1-1989; CB-3-1990; CB-29-2014)

Effective on: 1/1/1901

Sec. 27-405.01. Class 3 fills.

(a)

A Class 3 fill may be permitted as a temporary Special Exception, subject to the following:

(1)
Within one hundred and twenty (120) days after an application for a Class 3 fill is accepted by the Planning Board, the Zoning Hearing Examiner shall conduct a public hearing. The Zoning Hearing Examiner's written decision on an application shall be issued within thirty (30) days after the public hearing. Where the District Council makes the final decision, the Council's final order shall be issued within sixty (60) days of the Examiner's decision.
(2)
Initially, a Special Exception for a new Class 3 fill shall be valid for five (5) years, unless the District Council grants some lesser time period. Extensions of specific periods may be granted not to exceed five (5) years. At least one calendar year prior to the expiration of a Special Exception for a Class 3 fill, a request for an extension shall be filed with the Zoning Hearing Examiner. The applicant shall also send a copy of the request, in accordance with the informational mailing requirements of Section 27-125.01, to all adjoining property owners and civic associations. The Examiner shall conduct a public hearing in accordance with all requirements and procedures for the initial application. The filing fee for the extension shall be one-half the amount of the fee for a new application.
(3)
If a proposed Class 3 fill includes a rock crusher or other processing equipment, its location shall be shown on the site plan.
(4)
A traffic report, prepared in accordance with the Planning Board's "Guidelines for the Analysis of the Traffic Impact of Development Proposals," shall be submitted with the application and shall include an analysis of haul routes for the truck traffic generated by the use.
(5)
The subject property shall not be located within a three (3) mile radius of properties containing an active or pre-existing approved or non-conforming Class 3 fill, sanitary landfill, transfer station, rubble fill, recycling facility, mining facility, sludge facility, processing facility, sand and gravel operation, or wash plant.
(6)
Fill operations shall not be located within five hundred (500) feet of an existing residence, school, day care center, church, hospital, nursing home/assisted living facility or community center.
(7)
A Class 3 fill shall meet the buffering and screening requirements of the Landscape Manual, shall have a one hundred (100) foot non-disturbance buffer from all property lines, and shall include landscaping or berms sufficient to screen fill operations from adjoining residentially-zoned property, property containing a use listed in Subsection (a)(6), and public streets or highways. All berms and landscaping shall be installed in the initial phase of development, before fill is placed on site.
(8)
The height limitations for the fill operation shall be determined during Special Exception review. No slope grade may exceed 3:1.
(9)
The fill operation shall have a staging area with equipment for cleaning truck wheels and a minimum twenty-two (22) foot paved access road designed to accommodate no more than twenty-five (25) trucks.
(10)
The site entrance shall have a gate which is locked when the fill is not in operation. Hours and days of operation shall be limited as part of the Special Exception review.
(11)
Site or operational personnel shall be on site during hours of operation.
(12)
The site shall have proper signage showing the name of the operator, the permit number, hours of operation, telephone number of the operator, as well as provide directional signs for internal truck traffic and haul routes. The site plan shall also provide for final reclamation and stabilization of the site at the cessation of the fill operation.
(13)
The Department of Permitting, Inspections, and Enforcement shall conduct semi-annual site inspections for Class 3 fill sites and prepare a written report on the evaluation of the operations on the site, which shall include all indications of noncompliance with all County and State regulations. A copy of the report shall be provided to the County Council and shall also be available for review by the public.
(14)
A haul road permit shall be obtained from the County Department of Permitting, Inspections, and Enforcement prior to issuance of any grading or building permits related to proposed Class 3 fill sites.
(15)
A street construction permit shall be obtained from the County Department of Permitting, Inspections, and Enforcement prior to issuance of any grading or building permits related to proposed Class 3 fill sites.

(CB-87-2003; CB-29-2014; CB-20-2018)

Effective on: 1/1/1901

Sec. 27-406. Sanitary landfill; rubble fill.

(a)

A sanitary landfill or rubble fill may be permitted as a temporary Special Exception.

(b)

The District Council shall determine the period of time for which the Special Exception is valid.

(c)

(d)

An application for a sanitary landfill or rubble fill that includes a "rock crusher" on the site must show the location of the proposed rock crusher on the site plan.

(e)

The applicant shall provide a traffic study that is prepared in accordance with Planning Board Guidelines for Analysis of Traffic Impact of Development Proposals.

(f)

The applicant shall provide a visual analysis of any proposed mounds and should include cross sections and results from balloon tests.

(g)

The applicant shall address how odors emanating from fill materials will be mitigated.

(h)

(i)

(j)

(k)

(CB-15-1990; CB-3-1990; CB-85-1992; CB-8-2003; CB-28-2005)

Effective on: 1/1/1901

Sec. 27-406.01. Satellite dish antenna.

(a)

(b)

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

Effective on: 1/1/1901

Sec. 27-407. Sawmill.

(a)

A sawmill for the cutting of timber grown on the premises may be permitted as a temporary Special Exception, subject to the following:

(1)
The District Council shall determine the period of time for which the Special Exception is valid;
(2)
No machinery shall be located less than fifty (50) feet from any boundary line of the Special Exception;
(3)
All machinery shall be secured against unauthorized use; and
(4)
After the removal and cutting of timber, all debris and sawdust piles shall be removed, and the premises shall be left in a sightly condition.

Effective on: 1/1/1901

Sec. 27-407.01. Seafood market.

(a)

A seafood market may be permitted, subject to the following:

(1)
The applicant shall show a need for the use in the neighborhood;
(2)
The size and location of, and access to, the establishment shall be oriented toward meeting the needs of the neighborhood;
(3)
The proposed use shall not unduly restrict the availability of land, or upset the balance of land use, in the area for other allowed uses;
(4)
In the I-1 and I-2 Zones, the proposed use shall be located in an area which is developed, or proposed for development, with a concentration of industrial or office uses;
(5)
The retail sale of alcoholic beverages from a seafood market approved in accordance with this Section is prohibited.

(CB-49-1987)

Effective on: 1/1/1901

Sec. 27-407.02. Skating facility.

(a)

A skating facility may be permitted, subject to the following:

(1)
The use is proposed on a site comprising at least five (5) gross acres.
(2)
The main building on the site shall be set back at least one hundred (100) feet from all property lines.
(3)
All required parking shall be provided on-site, unless off-site parking on an abutting lot is provided.
(4)
Any ancillary restaurant shall be entirely integrated within the skating facility, and shall not have access from the exterior of the skating facility.
(5)
The skating facility shall be wholly enclosed. Special noise attenuation measures shall be considered on all walls facing land in a residential zone or land used for residential purposes.

(b)

(CB-89-1994)

Effective on: 1/1/1901

Sec. 27-408. Smoking and curing of food products; pickling processes.

(a)

The smoking and curing of food products and pickling processes may be permitted, subject to the following:

(1)
All operations shall be confined to the interior of a wholly enclosed building; and
(2)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation;
2. (B)
  The provisions to be made for control of noxious odors;
3. (C)
  The pollution control measures to be taken; and
4. (D)
  The compatibility of the use with the surrounding area.

Effective on: 1/1/1901

Sec. 27-409. Soap, cleaner, polish, sanitation products, bleach, or detergent manufacturing.

(a)

The manufacturing of soaps, cleaners, polishes, sanitation products, bleaches, or detergents may be permitted, subject to the following:

(1)
All operations shall be confined to the interior of a wholly enclosed building;
(2)
There shall be no outside storage of raw materials or finished products;
(3)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation;
2. (B)
  The provisions to be made for control of noxious odors;
3. (C)
  The pollution control measures to be taken; and
4. (D)
  The compatibility of the use with the surrounding area.

Effective on: 1/1/1901

Sec. 27-409.01. Spa, community.

A community spa may be permitted, subject to the requirements of Section 27-411 applicable to community swimming pools.

Effective on: 1/1/1901

Sec. 27-409.02. Spa, public.

(a)

A public spa may be permitted, subject to the following:

(1)
No person under the age of sixteen (16) years shall be admitted into the establishment, unless accompanied by a parent or guardian;
(2)
At least one (1) person with a current Advanced First Aid Certificate issued by the American Red Cross, or its equivalent, shall be on the premises at all times during operation; and
(3)
The proposed use shall not constitute a nuisance because of noise, physical activity, or other cause.

Effective on: 1/1/1901

Sec. 27-409.03. Stationery or office supply corporate headquarters (including office, showroom, and distribution).

(a)

A stationery or office supply corporate headquarters including an office, showroom, and distribution (with no retail sales), may be permitted in the C-O Zone subject to the following:

(1)
The use shall be located in an office building complex on at least twenty (20) contiguous acres of C-O zoned property;
(2)
The maximum total floor area devoted to a warehouse-showroom shall not exceed 100,000 square feet;
(3)
The maximum floor area ratio of the warehouse-showroom per lot (including floodplain) shall not exceed .36;
(4)
Of the total floor area of combined office and warehouse-showroom use in any one building the maximum floor area allocated to the warehouse-showroom component shall not exceed eighty percent (80%); and
(5)
Any building containing the warehouse-showroom shall be located at least two hundred seventy-five (275) feet from any land in any Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan.

(CB-116-1986)

Effective on: 1/1/1901

Sec. 27-410. Surface mining.

(a)

The surface mining of natural materials or deposits (including sand, gravel, or clay pits; rock or stone quarries; and the removal of earth or topsoil) may be permitted, subject to the following:

(1)
Heavy machinery may be used for the extraction of natural material or deposits from the site. Except in the I-2 Zone, heavy machinery may not be used for washing, refining, or other processing, unless a Special Exception is granted for sand and gravel wet-processing under the provisions of Section 27-405;
(2)
The use shall not be noxious, offensive, or otherwise objectionable by reason of dust, smoke, or vibration;
(3)
The land areas exposed by the extraction and removal of natural materials or deposits shall be left suitable for development. A grading plan shall be submitted (along with the site plan) showing the existing and proposed ground elevations of the site, adjacent land, and all abutting streets. The exposed land area shall have a slope not greater than three-to-one (3:1), except where any portion of the site is developed for port or harbor facilities;
(4)
The Special Exception shall be valid for not longer than five (5) years, except where the use is located:
1. (A)
  In an R-R Zone which is predominantly undeveloped for a radius of one (1) mile from the operation; or
2. (B)
  In an I-2 Zone;
(5)
In addition to the requirements of Section 27-296(c), the site plan shall show an estimate of the time required for the removal of the material;
(6)
At least sixty (60) calendar days prior to the hearing before the Zoning Hearing Examiner, the applicant shall file a traffic analysis with the Zoning Hearing Examiner for inclusion in the record, and shall send a copy to the Planning Board. The traffic analysis shall include the volume of traffic expected to be generated by the operation, and shall identify the streets to be used between the site and the nearest street (to be used) that has a minimum paved width of twenty-four (24) feet for the predominant length of the street;
(7)
Driveways or access points shall be identified on the site plan, and shall be located so as not to endanger pedestrians or create traffic hazards. The surface material to be used on the driveways shall be identified on the site plan. Any access driveway shall be at least twenty-two (22) feet wide, and shall be paved for a distance of at least two hundred (200) feet from the boundary line of the Special Exception.
(8)
The Technical Staff Report prepared in response to the application shall include a current, Countywide inventory of the locations, dates of approval, and conditions of approval concerning haul routes and estimated loads per day for all approved and pending Special Exceptions for sand and gravel wet-processing, sanitary landfills and rubble fills, and surface mining, as indicated by the record in the case. The inventory shall also include the locations of all nonconforming sand and gravel wet-processing, sanitary landfills and rubble fills, and surface mining operations throughout the County that were certified after September 6, 1974.

(b)

(c)

(d)

In reviewing the application, the District Council shall consider the use of techniques which provide for noise attenuation.

(e)

On land which is located within a Chesapeake Bay Critical Area Overlay Zone, development is subject to Subtitle 5B.

(f)

(CB-16-1984; CB-72-1987; CB-1-1989; CB-3-1990; CB-93-1992; CB-76-2010)

Effective on: 1/1/1901

Sec. 27-411. Swimming pools; community.

(a)

A community swimming pool may be permitted, subject to the following:

(1)
The swimming pool (including the apron, filtering and pumping equipment, and buildings) shall be located at least:
1. (A)
  Seventy-five (75) feet from land in a Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan;
2. (B)
  Twenty-five (25) feet from land in a Commercial or Industrial Zone, or land proposed to be used for commercial or industrial purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan; and
3. (C)
  One hundred twenty-five (125) feet from an existing dwelling on an adjacent lot.
(2)
The use of any public address or other loudspeaker system shall be restricted to that necessary for safety purposes, and shall not be used for the playing of music of other entertainment.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-412. Taxicab dispatching station.

(a)

A taxicab dispatching station may be permitted, subject to the following:

(1)
No dismantling or demolition of vehicles shall take place on the premises.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-413. Temporary structures and uses; wayside stands.

(a)

(1)
Adequate access, setbacks, parking facilities, and screening shall be provided; and
(2)
The Special Exception shall be valid for not longer than five (5) years. The District Council, upon application and without a public hearing, may grant extensions of time, not to exceed three (3) years for each extension.

(b)

Wayside stands, and the display of goods, shall be located not less than twenty-five (25) feet from a street line.

(c)

Effective on: 1/1/1901

Sec. 27-414. Theater, outdoor (drive-in).

(a)

An outdoor (including a drive-in) theater may be permitted, subject to the following:

(1)
The subject property shall contain at least five (5) contiguous acres;
(2)
The motion picture screen shall be oriented away from both developed residential areas and abutting streets;
(3)
The use shall be enclosed by a solid, sightly, light-tight wall or fence at least eight (8) feet high, of a type approved by the District Council;
(4)
The fence shall not be constructed of corrugated metal or fiberglass, or sheet metal;
(5)
The parking area within the theater shall be designed to prevent headlights from shining onto adjacent properties; and
(6)
There shall be no amplified sound system used on the premises, except for emergency situations, traffic direction, and the small, individual speaker boxes to be attached to patrons' vehicles.

Effective on: 1/1/1901

Sec. 27-415. Tourist cabin camp.

(a)

A tourist cabin camp may be permitted, subject to the following:

(1)
The subject property shall contain at least five (5) contiguous acres;
(2)
The camp property shall be at least two hundred (200) feet from any permanent residential building, unless separated by a street, railroad, river, hedge, fence, or other similar natural or artificial barrier deemed adequate by the District Council. In this case, the distance may be reduced to fifty (50) feet;
(3)
All buildings and structures shall be located at least fifty (50) feet from all boundary lines of the Special Exception;
(4)
The camp shall be laid out into tourist cabin plots, each having the following minimum dimensions:
1. (A)
  Area - 1,000 square feet;
2. (B)
  Plot width - 25 feet;
3. (C)
  Driveway frontage - 20 feet;
4. (D)
  Distance from sanitary or laundry facilities building - 20 feet;
(5)
Each tourist cabin plot shall be defined by markers at the corners;
(6)
Each cabin shall be at least fifteen (15) feet from any other cabin; and
(7)
Each plot shall contain only one (1) cabin, and no cabin shall be occupied by more persons than it was designed for.

Effective on: 1/1/1901

Sec. 27-415.01. Tobacco shops, electronic cigarette shops or a retail tobacco business.

(a)

Tobacco shops, electronic cigarette shops, or a retail tobacco business may be permitted by Special Exception, subject to the following:

(1)
The structure in which the use is proposed shall be located at least three hundred (300) feet from any school, library, park, recreational facility, and historic site, resource, or district identified on any applicable Historic Site and District Plan, a National Register Site, or an Historic District. This provision shall not apply to a Retail Tobacco Business within a Recreational or Entertainment Establishment of a Commercial Nature with Video Lottery Facility uses in accordance with Section 27-548.01.04 of this Subtitle.
(2)
In its final decision to approve a Special Exception for the use, the Council may impose other reasonable requirements deemed necessary to safeguard the health, safety, morals, and general welfare of the community, taking into account the character of surrounding properties and the general neighborhood, and any other uses on the subject property.
(3)
No Special Exception shall be permitted for a tobacco shop, electronic cigarette shop, or a retail tobacco business located within 2,000 feet of another tobacco shop, electronic cigarette shop, or a retail tobacco business. In addition, the use shall be limited to specified daily hours of operation, which shall be from 10:00 a.m. until 10:00 p.m. This provision shall not apply to a Retail Tobacco Business or Retail Tobacco Businesses within a Recreational or Entertainment Establishment of a Commercial Nature with Video Lottery Facility uses.
(4)
Tobacco shops, electronic cigarette shops or retail businesses shall not be accessory uses.

(CB-92-2015; CB-15-2017; CB-86-2018)

Effective on: 1/1/1901

Sec. 27-416. Tower, pole, monopole, or antenna.

(a)

A tower, pole, or monopole for the support of an antenna (electronic, radio, television, transmitting, or receiving) may be permitted, subject to the following:

(1)
In the Commercial and Industrial Zones, and for land in a Residential Zone owned by a public entity, the structure shall generally be set back from all property lines and dwelling units a distance equal to the height of the structure (measured from its base). The District Council may reduce the setback to no less than one-half (1/2) the height of the structure based on certification from a registered engineer that the structure will meet the applicable design standards for wind loads of the Electronic Industries Association (EIA) for Prince George's County. In the Residential Zones, on privately owned land, the structure shall be set back from all property lines and dwelling units a distance equal to the height of the structure (measured from its base);
(2)
On privately owned land, the structure shall not be used to support lights or signs other than those required for aircraft warning or other safety purposes;
(3)
Any tower or monopole which was originally used, but is no longer used, for telecommunications purposes for a continuous period of one (1) year shall be removed by the tower or monopole owner at the owner's expense; and
(4)
Any related telecommunication equipment building shall be screened by means of landscaping or berming to one hundred percent (100%) opacity.

(CB-123-1994; CB-103-1997; CB-13-1998; CB-65-2000)

Effective on: 1/1/1901

Sec. 27-416.01. Townhouses.

(a)

Townhouses may be permitted in the R-30, R-30C, R-18, and R-18C Zones subject to the following:

(1)
The Site Plan shall be designed in accordance with the guidelines set forth in Section 27-274(a)(11); and
(2)
The use shall comply with the requirements of Section 27-433.

(CB-55-1996)

Effective on: 1/1/1901

Sec. 27-416.02. Transfer station.

(a)

A transfer station may be permitted subject to the following:

(1)
Hours of operation shall occur only between 7:00 A.M. and 6:00 P.M.;
(2)
The building associated with the use shall be set back at least five hundred (500) feet from all property lines;
(3)
The applicant shall identify measures that will be taken to control any noxious and offensive odors;
(4)
All activities pertinent to the transferring of solid waste shall be conducted in a wholly enclosed building which has an impervious surface for loading and unloading solid waste, and is capable of accommodating all types of solid waste hauling vehicles; and
(5)
The use shall not commence until the State of Maryland has issued all applicable permits including, but not limited to, a transfer station permit.

(CB-71-1994; CB-55-1996)

Effective on: 1/1/1901

Sec. 27-416.03. Vehicle lubrication and tune-up facilities.

(a)

A vehicle lubrication or tune-up facility may be permitted, subject to the following:

(1)
Service activity on any motor vehicle shall be completed within twenty-four (24) hours or less, and no vehicle may be stored on the property for longer than this period;
(2)
The demolition or junking of motor vehicles is prohibited; and
(3)
The District Council shall find that the proposed use will not unduly restrict the availability of land, or upset the balance of land use, in the area for other trades and commercial uses.

(CB-43-1987; CB-55-1996)

Effective on: 1/1/1901

Sec. 27-417. Vehicle and trailer rental display.

(a)

The display for rental purposes of motor vehicles (except dump trucks), trailers, boats, camping trailers, or other vehicles may be permitted, subject to the following:

(1)
Rental vehicles shall be parked on a hard-surfaced area, which is resistant to erosion and adequately treated to prevent dust emission;
(2)
The gross weight of trucks shall not exceed twenty thousand (20,000) pounds each;
(3)
In addition to the buffering requirements in the Landscape Manual, the use shall be screened from existing or proposed residential development by a six (6) foot high opaque wall or fence. The fence or wall shall not contain any advertising material, and shall be maintained in good condition. This screening may be modified by the District Council where the parking area is already effectively screened from residential property by natural terrain features, changes in grade, or other permanent, natural, or artificial barriers.

(b)

If the rental use is in conjunction with another use, it shall be subject to the following:

(1)
A Special Exception is required to validate the rental use, irrespective of the commencement date of the use; and
(2)
Off-street parking for the use shall be provided in addition to the off-street parking required for the other business.

(c)

If the use is a totally separate business (not in connection with any other business), it shall be subject to the following:

(1)
The area devoted to rental purposes shall not be more than sixty percent (60%) of the net lot area; and
(2)
The display shall be set back at least thirty (30) feet from the street line.

(CB-1-1989)

Effective on: 1/1/1901

Sec. 27-417.01. Vehicle parts and tire store (including installation).

(a)

A vehicle parts and tire store, including installation facilities, may be permitted, subject to the following:

(1)
All sales and installation operations shall be conducted within a wholly enclosed building, with no outdoor storage;
(2)
Installation activity on any motor vehicle shall be completed within forty-eight (48) hours or less. No vehicle may be stored on the property for longer than this period; and
(3)
The demolition or junking of motor vehicles is prohibited.

Effective on: 1/1/1901

Sec. 27-417.01. Vehicle, boat, mobile home, trailer, and camping trailer sales room or lot.

(a)

A motor vehicle, boat, mobile home, trailer, and camping trailer sales room or sales lot for operable vehicles may be permitted, subject to the following:

(1)
The number and type of vehicles which are permitted on the lot shall be determined on a case-by-case basis, taking into account factors such as gross vehicle weight, vehicle size, the nature of vehicles (commercial, industrial, earth-moving equipment, passenger, or other vehicle type).

Effective on: 1/1/1901

Sec. 27-417.03. Vehicle salvage yard.

(a)

A vehicle salvage yard may be permitted, subject to the following:

(1)
The use shall be enclosed by a solid, sightly, light-tight wall or fence at least eight (8) feet high, and found to be satisfactory by the District Council;
(2)
The fence shall not be constructed of corrugated metal or fiber glass, or sheet metal;
(3)
Outdoor storage shall not be visible from the ground level beyond the fence; and
(4)
Interior storage shall be located within a fireproof building.

Effective on: 1/1/1901

Sec. 27-418. Wholesaling or distribution uses.

(a)

A wholesaling or distribution use not otherwise allowed may be permitted in the I-1 Zone, subject to the following:

(1)
An impact statement shall be submitted explaining:
1. (A)
  The scope of the operation; and
2. (B)
  The compatibility of the use with the surrounding area.
(2)
The District Council shall find that the proposed use is in keeping with the purposes of the I-1 Zone.

Effective on: 1/1/1901

Sec. 27-296. Application form and contents.

(a)

General.

(1)
An application for a Special Exception shall be filed with the Planning Board by the owner (or his authorized representative) of the property, except as provided for in paragraph (2), below.
(2)
In the case of an application for public utility power transmission line rights-of-way, towers, poles, conduits, pipelines, or similar facilities, an applicant shall be considered an owner (or authorized representative) if he submits an affidavit stating:
1. (A)
  That he has made a bona fide effort without success to obtain a contractual interest in the properties included in the project (for valid consideration);
2. (B)
  The efforts he has made; and
3. (C)
  That he either intends to continue negotiations or to file for condemnation proceedings if the Special Exception is granted.
(3)
All applications shall be on forms provided by the Planning Board. All information shall be typed, except for the signatures of all owners.
(4)
A single application may be filed for more than one (1) Special Exception use on the subject property.
(5)
If two (2) or more properties are included in one (1) application (except those covered by paragraph (6), below), they must be adjoining. Separate applications are required for each property if they are not adjoining. In this Section, the word "adjoining" shall include those properties which are separated by a public right-of-way, stream bed, or the like.
(6)
In the case of applications for public utility power transmission line rights-of-way, towers, poles, conduits, pipelines, and similar facilities, the properties involved do not have to be adjoining and one (1) application may be filed for all properties involved in any one (1) project.

(b)

Contents of application form.

(1)
The following information shall be included on the application:
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 requested use of the property;
3. (C)
  The street address of the property; name of any municipality the property is in; name and number of the Election District the property is in;
4. (D)
  The total area of the property (in either acres or square feet);
5. (E)
  The property's lot and block number, subdivision name, and plat book and page number, if any; or a description of its acreage, with reference to liber and folio numbers.
6. (F)
  The name, address, and signature of each owner of record of the property. Applications for property owned by a corporation must be signed by those officers empowered to act for the corporation; and
7. (G)
  The name, address, and telephone number of the correspondent.

(c)

Other submission requirements.

(1)
Along with the application, the applicant shall submit the following with all plans prepared at the same scale (where feasible):
1. (A)
  An accurate plat (prepared, signed, and sealed by a registered engineer or land surveyor) capable of being reproduced on an ozalid or similar dry-copy machine, or six (6) copies of the plat. This plat shall show:
  1. (i)
    The present configuration of the property, including bearings and distances (in feet). In the case of applications for public utility power transmission line rights-of-way, towers, poles, conduits, pipelines, and similar facilities, the applicant shall not be required to supply a metes and bounds survey of the rights-of-way, but shall show on the plat the center line (by bearings and distances) and width (in feet) of the project, so that the location of the rights-of-way can be readily determined. In this latter case, within ninety (90) days after the acquisition of each property necessary for the project, and prior to the issuance of any building permit (for the approved Special Exception use), the applicant shall complete an accurate metes and bounds survey of the property and furnish either one (1) reproducible or six (6) nonreproducible copies of the survey to the Planning Board;
  2. (ii)
    The names of the owners of record or subdivision lot and block numbers of adjoining properties;
  3. (iii)
    The name, location, distance to the center line, and present right-of-way width of all abutting streets. If the property is not located at the intersection of two (2) streets, the distance to, and the name of, the nearest intersecting street shall be indicated;
  4. (iv)
    The subdivision lot and block numbers of the subject property (if any);
  5. (v)
    A north arrow and scale (not smaller than one (1) inch equals four hundred (400) feet);
  6. (vi)
    The total area of the property (in square feet or acres);
  7. (vii)
    The location of all existing buildings on the property; and
  8. (viii)
    The subject property outlined in red.
2. (B)
  A site plan (drawn to scale) showing all existing and proposed improvements and uses on the subject property, and the use and zoning of adjacent properties. The site plan shall be in sufficient detail so that a determination can be made that the proposed use will be in compliance with all requirements of this Subtitle applicable to it. The site plan must be capable of being reproduced on an ozalid or similar dry-copy machine, or nine (9) copies of the plan must be supplied. In a Chesapeake Bay Critical Area Overlay Zone, the site plan shall be prepared in accordance with Subtitle 5B.
3. (C)
  A landscape plan shall be prepared in accordance with the provisions of the Landscape Manual. The landscape plan must be capable of being reproduced on an ozalid or similar dry-copy machine, or nine (9) copies of the plan must be supplied.
4. (D)
  Three (3) copies of the appropriate Zoning Map page on which the property is plotted to scale and outlined in red.
5. (E)
  A certificate of public convenience and necessity for a public utility power transmission line right-of-way, tower, pole, conduit, pipeline, or similar facility, if:
  1. (i)
    The actual record owner of the subject property has not signed the application; and
  2. (ii)
    A certificate is required by the State or Federal agency having jurisdiction over the public utility operation.
6. (F)
  Three (3) copies of a typewritten statement of justification in support of the request. The statement shall address the provisions of this Subtitle applicable to the requested use. The statement shall also set forth the factual reasons showing why approval of the request would not be detrimental to the public health, safety, and welfare. This statement may be accompanied by three (3) copies of any material which (in the applicant's opinion) is necessary to clarify or emphasize the typewritten statement. This additional material, if not foldable, shall be not larger than eighteen (18) by twenty-four (24) inches.
7. (G)
  A statement listing the name, and the business and residential addresses, of all individuals having at least a five percent (5%) financial interest in the property.
8. (H)
  If any owner is a corporation, a statement listing the officers of the corporation, their business and residential addresses, and the date on which they assumed their respective offices. This statement shall also list the current Board of Directors, their business and residential addresses, and the dates of each Director's term. An owner that is a corporation listed on a national stock exchange shall be exempt from the requirement to provide residential addresses of its officers and directors.
9. (I)
  If the owner is a corporation (except one listed on a national stock exchange), a statement containing the names and residential addresses of those individuals owning at least five percent (5%) of the shares of any class of corporate security (including stocks and serial maturity bonds).
10. (J)
  An approved Natural Resource Inventory.
11. (K)
  A Type 2 Tree Conservation Plan prepared in conformance with Division 2 of Subtitle 25 and the Woodland and Wildlife Habitat Conservation Technical Manual or a Standard Letter of Exemption.
12. (L)
  A statement of justification describing how the proposed design preserves and restores the regulated environmental features to the fullest extent possible; and
13. (M)
  All other data or explanatory material deemed necessary by the District Council, Zoning Hearing Examiner, or Planning Board (submitted in triplicate).
(2)
For the purposes of (G), (H), and (I) above, the term "owner" shall include not only the owner of record, but also any contract purchaser.

(d)

Acceptance.

(1)
The Planning Board shall accept for filing the application for a Special Exception upon a determination that the application complies with (b) and (c) above, and within seven (7) days of acceptance, notify the Zoning Hearing Examiner of the date of acceptance.

(CB-107-1984; CB-33-1985; CB-72-1987; CB-86-1988; CB-1-1989; CB-75-1989; CB-84-1990; CB-95-1991; CB-47-1996; CB-15-1998; CB-28-2010; CB-34-2011; CB-29-2013)

Effective on: 1/1/1901

Sec. 27-297. Reserved.

Effective on: 1/1/1901

Sec. 27-298. Amendment of application.

(a)

(1)
Amendments concerning an error, omission of fact, or other factual change not mentioned below in this Section shall be permitted at any time.
(2)
Amendments which change the total area or configuration of a property shall be made before the application is transmitted to the Council. If the area is increased, the appropriate additional filing fee shall be paid.
(3)
Amendments concerning a change in the requested use shall be accompanied by a new (revised) justification statement and shall not be permitted after the case is transmitted to the Council.
(4)
Amendments of the site plan shall not be permitted after the case is transmitted to the Council, unless the amendment has been recommended by the Technical Staff, Planning Board, or Zoning Hearing Examiner.

Effective on: 1/1/1901

Sec. 27-299. Withdrawal.

(a)

(b)

Requests made prior to the date the application is transmitted to the Council shall be directed to the Planning Board.

(c)

Requests made on or after the date the application is transmitted to the Council shall be directed to the District Council.

(d)

Requests received prior to the date of the public release of the Technical Staff Report shall be administratively granted, and the provisions of Section 27-300 shall not apply.

(e)

Requests received on or after the date of the public release of the Technical Staff Report shall be administratively granted and the provisions of Section 27-300 shall apply.

Effective on: 1/1/1901

Sec. 27-300. Reapplication.

Effective on: 1/1/1901

Sec. 27-301. Joint applications.

An application for a Special Exception may be filed or considered at the same time that a Zoning Map Amendment application on the same land is filed or considered.

Effective on: 1/1/1901

Sec. 27-302. Hearing date established.

(a)

(b)

(CB-58-1987; CB-29-2013)

Effective on: 1/1/1901

Sec. 27-303. Request to delay hearing.

(a)

(b)

(CB-123-1986; CB-29-2013)

Effective on: 1/1/1901

Sec. 27-304. Reserved.

Effective on: 1/1/1901

Sec. 27-305. Posting.

The Planning Board shall post the property with a durable sign at least sixty (60) days prior to the scheduled hearing date. Signs shall be posted in accordance with Section 27-142.01.

(CB-86-1984; CB-33-1985; CB-128-1989; CB-14-1998; CB-15-1998; CB-12-2003)

Effective on: 1/1/1901

Sec. 27-306. General publication.

(a)

(b)

One copy of the list described in this Section shall be mailed by the Planning Board on a subscription basis without charge to a Homeowners, Neighborhood, or similar Association.

(CB-125-1986)

Effective on: 1/1/1901

Sec. 27-307. Transmittal.

(CB-29-2013)

Effective on: 1/1/1901

Sec. 27-308. Public examination.

Effective on: 1/1/1901

Sec. 27-309. Referral.

(a)

(b)

(CB-58-1987)

Effective on: 1/1/1901

Sec. 27-310. Recommendation of Historic Preservation Commission.

(CB-58-1987)

Effective on: 1/1/1901

Sec. 27-311. In general.

In connection with each application for a Special Exception, the record shall include a report by the Technical Staff. This report shall include the Staff's recommendation.

Effective on: 1/1/1901

Sec. 27-312. Authority of Zoning Hearing Examiner in Special Exception cases.

(a)

The Zoning Hearing Examiner shall have the authority to approve or deny an application for Special Exception or variance in accordance with the following:

(1)
The Zoning Hearing Examiner shall have all the authority, discretion, and power given the District Council in this Part and in PART 3, Division 5, Subdivision 2, in the absence of a provision to the contrary.
(2)
The Zoning Hearing Examiner's decision on an application for Special Exception shall be final thirty (30) days after filing the written decision, except:
1. (A)
  Where timely appeal has been made to the District Council pursuant to Section 27-131;
2. (B)
  In those cases described in Sections 27-132(c)(1)(D) and 27-301. For these cases the Zoning Hearing Examiner shall transmit specific findings of fact, conclusions of law, and a recommended disposition of the case to the District Council for final decision;
3. (C)
  In any case where, within thirty (30) days after receipt of the Zoning Hearing Examiner's decision, the District Council, upon its own motion and by a majority vote of the full Council, elects to make the final decision on the case itself; or
4. (D)
  If the applicant, all persons of record, and the People's Zoning Counsel waive (in writing) their right of appeal, and the District Council, by majority vote of the full Council, has waived its right to make the final decision on the case pursuant to subparagraph (C), above. For these cases, the Zoning Hearing Examiner may direct that the decision become effective immediately, unless it is a case referred to in subparagraph (B), above.
(3)
With respect to any Special Exception or variance case finally decided by him, the Zoning Hearing Examiner shall possess:
1. (A)
  The authority to approve site plan amendments in accordance with Section 27-324;
2. (B)
  The authority to grant extensions of time in accordance with Section 27-326; and
3. (C)
  The reconsideration powers given the District Council in Subdivision 11, below.

(b)

The Zoning Hearing Examiner does not have the authority granted to the District Council under Subdivision 12 of this Division.

(c)

The Zoning Hearing Examiner does not have the authority to grant or deny an application for Special Exception for an adaptive reuse of a surplus public school.

(CB-92-1992)

Effective on: 1/1/1901

Sec. 27-313. Zoning Hearing Examiner hearing procedures.

Where the Zoning Hearing Examiner is authorized to conduct a public hearing, he shall do so in accordance with PART 3, Division 1, Subdivision 2, of this Subtitle.

Effective on: 1/1/1901

Sec. 27-314. Authorization.

Effective on: 1/1/1901

Sec. 27-315. District Council hearing (oral argument) procedures.

Effective on: 1/1/1901

Sec. 27-316. Variances in conjunction with Special Exception approval.

(CB-92-1992)

Effective on: 1/1/1901

Sec. 27-317. Required findings.

(a)

A Special Exception may be approved if:

(1)
The proposed use and site plan are in harmony with the purpose of this Subtitle;
(2)
The proposed use is in conformance with all the applicable requirements and regulations of this Subtitle;
(3)
The proposed use will not substantially impair the integrity of any validly approved Master Plan or Functional Master Plan, or, in the absence of a Master Plan or Functional Master Plan, the General Plan;
(4)
The proposed use will not adversely affect the health, safety, or welfare of residents or workers in the area;
(5)
The proposed use will not be detrimental to the use or development of adjacent properties or the general neighborhood; and
(6)
The proposed site plan is in conformance with an approved Type 2 Tree Conservation Plan; and
(7)
The proposed site plan demonstrates the preservation and/or restoration of the regulated environmental features in a natural state to the fullest extent possible in accordance with the requirement of Subtitle 24-130(b)(5).

(b)

In addition to the above required findings, in a Chesapeake Bay Critical Area Overlay Zone, a Special Exception shall not be granted:

(1)
where the existing lot coverage in the CBCA exceeds that allowed by this Subtitle, or
(2)
where granting the Special Exception would result in a net increase in the existing lot coverage in the CBCA.

(CB-75-1989; CB-28-2010; CB-76-2010; CB-34-2011)

Effective on: 1/1/1901

Sec. 27-318. Conditional approval.

When a Special Exception is approved, any requirements or conditions deemed necessary to protect adjacent properties and the general neighborhood may be added to those of this Subtitle.

Effective on: 1/1/1901

Sec. 27-319. Effect of site plan approval.

(a)

(b)

(c)

(d)

(e)

All enlargements, alterations, revisions, and extensions shall be in accordance with the provisions of Subdivision 10, below, except as provided in this Section.

(f)

(CB-40-1991; CB-115-1991; CB-93-1994)

Effective on: 1/1/1901

Sec. 27-320. Effect of rezoning on approved Special Exception.

(a)

(1)
If, at the time of the rezoning, the approved use requires approval of a Special Exception in the new zone, and the specific Special Exception requirements governing the use are the same in both zones, the Special Exception, as approved, shall remain in full force and effect.
(2)
If, at the time of the rezoning, the approved use is not permitted in the new zone, or requires approval of a Special Exception with different requirements, and the use or construction authorized by the Special Exception has commenced and has not ceased, the Special Exception shall not terminate and the use may continue as a nonconforming use. Notwithstanding the provisions of this Subtitle relative to nonconforming uses, the use and development authorized under this paragraph shall be subject to Subdivisions 10, 11, and 12 below.
(3)
Notwithstanding any of the above, in the case of a commercial recreational attraction if, at the time of the rezoning, the commercial recreational attraction is not permitted in the new zone, the approved Special Exception site plan (either conceptual or detailed site plan) and any conditions shall continue in full force and effect as to that portion of the property subject to the Special Exception site plan which remains in the zone permitting the commercial recreational attraction as a Special Exception use. Any improvement, use, structure, screen, or buffer located in whole or in part on the property placed in the new zone may also continue to be used in conjunction with the Special Exception until that property is developed for another use or removed from the approved Special Exception site plan (either conceptual or detailed site plan). However, if the new zone to which the commercial recreational attraction has been rezoned is subsequently amended to permit the commercial recreational attraction by Special Exception, then the original approved Special Exception, as well as the original Special Exception site plan (subject to any revisions which have been approved), shall be deemed reinstated on the entire property provided:
1. (A)
  The entire property is under single ownership;
2. (B)
  The area and configuration of the entire property remain unchanged;
3. (C)
  A site plan for the entire property has been approved by the Planning Board or its designee as required by Section 27-319(f).
(4)
If, at the time of the rezoning, the approved use is not permitted in the new zone, or requires approval of a Special Exception with different requirements, and the use or construction authorized by the Special Exception has not commenced or has ceased, the Special Exception shall terminate, and all provisions of the new zone shall apply to the use and development of the property.
(5)
If, at the time of the rezoning, the approved use is permitted in the new zone without approval of a Special Exception, the Special Exception shall terminate, and all provisions of the new zone shall apply to further use and development of the property. If the new zoning category is a Comprehensive Design Zone or the M-X-T Zone, however, the Special Exception shall not terminate, and the provisions of Subdivisions 10, 11, and 12, below, shall remain in effect until a Specific Design Plan for the Comprehensive Design Zone, or a Detailed Site Plan for the M-X-T Zone, is approved for the subject property.
(6)
If a Special Exception is approved for property owned by the State or Federal Government in the O-S Zone, the Special Exception shall remain valid upon placement of the property in the R-O-S Zone as a result of a conveyance of the property, and the Special Exception use shall remain applicable to the requirements of the O-S Zone.

(CB-40-1991; CB-115-1991; CB-93-1994; CB-88-1996)

Effective on: 1/1/1901

Sec. 27-320.01. Effect of Zoning Text Amendment on an Approved Special Exception.

(a)

(b)

(1)
Upon the Planning Director's determination that a zoning text amendment has terminated a Special Exception, the Director shall make a written finding setting forth the grounds upon which the determination is made.
(2)
If the Planning Director finds that a Special Exception has not terminated, the applicant may file an appeal to the Prince George's County Planning Board within twenty (20) calendar days after the date of the Planning Director's action.
(3)
Upon the approval of a request to nullify a Special Exception, by either the Planning Director or the Planning Board, said action shall be noted on the official zoning map for Prince George's County and in all of the files regarding nullified Special Exceptions maintained by either the Prince George's County Planning Board, the Office of the Zoning Hearing Examiner, or the District Council.

(CB-45-1995)

Effective on: 1/1/1901

Sec. 27-321. Indication of Special Exception on Zoning Map.

Upon receiving notice of the approval of a Special Exception, the Planning Board shall indicate the location of the Exception on the Zoning Map.

Effective on: 1/1/1901

Sec. 27-322. In general.

(a)

(b)

(CB-8-1984)

Effective on: 1/1/1901

Sec. 27-323. Alterations, enlargements, extensions, and revisions.

(a)

(b)

(c)

(CB-8-1984; CB-22-2019)

Effective on: 1/1/1901

Sec. 27-324. Major changes.

(a)

(1)
In the case of an amendment of a condition (imposed as a part of the approval of a Special Exception), the amendment request shall be directed (in writing) to the District Council and filed with the Clerk of the Council. The Zoning Hearing Examiner shall hold a public hearing on the request, in accordance with Section 27-129. The Technical Staff shall analyze the proposed amendment and submit a report to the Zoning Hearing Examiner at least fourteen (14) days prior to the public hearing. After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council. Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
(2)
In the case of an amendment of an approved Special Exception site plan, the amendment request shall be in the form of an application filed with the Planning Board. The contents of the application shall be determined by the Planning Board. Along with filing the application, the applicant shall submit a revised site plan and shall pay the required fee. The Technical Staff shall analyze the proposed amendment, taking into consideration the requirements of this Subtitle, and shall submit (for the record) a recommendation. The recommendation and the proposed amendment shall be transmitted by the Technical Staff directly to the Zoning Hearing Examiner and the District Council at least fourteen (14) days prior to the public hearing on the request held by the Zoning Hearing Examiner in accordance with Section 27-129. After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council. Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.

(b)

(CB-8-1984; CB-84-1990; CB-115-1991; CB-56-1993; CB-15-1994; CB-47-1996; CB-15-1998; CB-12-2003; CB-1-2004)

Effective on: 1/1/1901

Sec. 27-325. Minor changes.

(a)

Minor changes, in general.

(1)
The Planning Board and Planning Director are authorized to approve minor changes to site plans for approved Special Exceptions, as provided in this Section. The Director may authorize staff to take any action the Director may take under this Section.
(2)
The Planning Board is authorized to grant the minor changes listed in this Section, and any variance requested in conjunction with the minor change. The minor change request shall be in the form of an application filed with the Planning Board. The contents of the application shall be determined by the Planning Board. Along with filing the application, the applicant shall submit a revised site plan, and shall pay the required fee. The Planning Board shall hold a hearing on the request in accordance with the Rules of Procedure established by the Planning Board. The Planning Board's decision shall be in the form of a resolution. A copy of the resolution shall be sent to all persons of record and the Clerk of the Council.
(3)
If the change is approved, the revised site plan shall be made a part of the record of the original application.
(4)
The revised site plan shall comply with all applicable requirements of this Subtitle, and with any conditions, relating to the use, imposed in the approval of the Special Exception or of any applicable Zoning Map Amendment, subdivision plat, or variance.

(CB-92-1992; CB-15-1998; CB-42-2002; CB-12-2003; CB-1-2004)

(b)
Minor changes, Planning Board.
1. (1)
  The Planning Board is authorized to approve the following minor changes:
  1. (A)
    An increase of no more than fifteen percent (15%) in the gross floor area of a building;
  2. (B)
    An increase of no more than fifteen percent (15%) in the land area covered by a structure other than a building;
  3. (C)
    The redesign of parking or loading areas; or
  4. (D)
    The redesign of a landscape plan.
2. (2)
  The Planning Board is further authorized to approve the minor changes described in (d) and later subsections below.
3. (3)
  In reviewing proposed minor changes, the Board shall follow the procedures in (a) above.

(CB-42-2002)

(c)
Limited minor changes, Planning Director.
1. (1)
  The Planning Director is authorized to approve minor changes administratively, without public hearing, in cases listed in (b), but only if the proposed minor changes are limited in scope and nature, including an increase in gross floor area or land covered by a structure other than a building up to ten percent (10%). The Director shall deny any administrative approval request proposing site plan changes which will have a significant impact on adjacent property.
2. (2)
  Before approving a minor change, the Director shall make all findings the Planning Board would be required to make, if it reviewed the application.
3. (3)
  The Director is not authorized to waive requirements in this Subtitle, grant variances, or modify conditions, considerations, or other requirements imposed by the Planning Board or District Council in any case.
4. (4)
  The applicant's property shall be posted within ten (10) days of the Director's acceptance of filing of the application. Posting shall be in accordance with Section 27-125.03. On and after the first day of posting, the application may not be amended.
5. (5)
  The Director may waive posting after determining, in writing, that the proposed minor change is so limited in scope and nature that it will have no appreciable impact on adjacent property.
6. (6)
  If posting is waived or a written request for public hearing is not submitted within the posted time period, then the Director may act on the application. The Director's approval concludes all proceedings.
7. (7)
  If the Director denies the application or a timely hearing request is submitted, then the application shall be treated as re-filed on the date of that event. The applicant, Director, and Technical Staff shall then follow the procedures for Planning Board review in (a) above.

(CB-42-2002; CB-1-2004)

(d)
Changes of golf course site plans.
1. (1)
  Changes of a site plan for an approved golf course may be permitted by the Planning Board or Planning Director, if authorized, for any modifications or additions which are found to be in accordance with the purposes and uses generally associated with golf courses, including swimming pools, tennis courts, and clubhouses/restaurants. The Planning Board shall not approve any use previously disapproved as part of the original Special Exception.
2. (2)
  Changes of a site plan for an approved golf course are not required provided a subsequent detailed site plan is approved for an aquaponics use on no more than 10% of the property provided:
  1. (A)
    The approved Detailed Site Plan is submitted to the Clerk of the Council for inclusion in the record of the Special Exception;
  2. (B)
    The Detailed Site Plan shall demonstrate that the use will not be detrimental to the use or development of adjacent properties; and
  3. (C)
    The aquaponics use complies with the following provisions:
    (i)
    The use is conducted within an enclosed greenhouse(s) and/or other climate-controlled building(s) and any additional required permits are obtained from the Department of Permitting, Inspections and Enforcement.
    (ii)
    Structures shall be setback in accordance with the requirements of the zone in which the use is located.
    (iii)
    Odors emanating from the site shall not be detectable from the property lines of surrounding properties.
    (iv)
    All operations including equipment such as exhaust fans, circulating pumps and/or generators shall comply with the provisions of Section 19-122(a) relating to maximum allowable noise levels in residential zones. Noise barriers shall be installed around any noise generating equipment if necessary to meet the required limitations.

(CB-42-2002; CB-61-2019)

(e)
Changes of pari-mutuel racetrack site plans.
Changes of a site plan for an approved pari-mutuel racetrack may be permitted by the Planning Board or Planning Director, if authorized, for any modifications related to racetrack activities, upon submittal of a letter from the Maryland Racing Commission advising that the modifications have been directed or approved by the Commission and are necessary to benefit racing. The Planning Board shall not approve any use previously disapproved as part of the original Special Exception.

(CB-42-2002)

(f)
Changes of gas station site plans.
1. (1)
  Changes of a site plan for an approved gas station may be permitted under the site plan amendment procedures in Section 27-324. The Planning Board and Planning Director may permit the following modifications under the procedures in this Subsection and in (a) and (c) above:
  1. (A)
    The enlargement or relocation of pump islands;
  2. (B)
    The addition of one (1) pump island;
  3. (C)
    The addition, relocation, or modification of a fence, kiosk, island shelter, island canopy, storage area, trash enclosure, vending area, or lavatory facility;
  4. (D)
    The addition, relocation, or modification of an accessory building used solely for the storage of automotive replacement parts or accessories. The accessory building shall be wholly enclosed. The building shall either be constructed of brick (or another building material similar in appearance to that of the main structure) and placed on a permanent foundation, or it shall be entirely surrounded with screening material. Screening shall consist of a wall, fence, or sight-tight landscaping material, which shall be at least as high as the accessory building. The type of screening shall be approved as a part of the minor change;
  5. (E)
    Any amendment described in (b) above.
2. (2)
  The Planning Board's decision shall be sent to all persons of record in the hearing before the Planning Board, and to the District Council. This decision 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. 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 all written evidence and materials submitted for consideration by the Planning Board, a transcript of the public hearing on the revised plan, and any additional information or explanatory material deemed appropriate. 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. 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 revised plan to the Planning Board to take further testimony or reconsider its decision. Where the Council approves a revised site plan, it shall make the same findings which are required to be made by the Planning Board. If the Council fails to act within the specified time, the Planning Board's decision is automatically affirmed. 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.

(CB-88-2000; CB-42-2002; CB-1-2004)

(g)
Changes of adaptive reuse of surplus public school site plans.
1. (1)
  Changes of a site plan for an approved adaptive reuse of a surplus public school may be permitted by the Planning Board or Planning Director, if authorized, for the following modifications:
  1. (A)
    The relocation or addition of porches, patios, decks, exterior stairways, and the like;
  2. (B)
    The relocation or addition of accessory storage buildings, playground equipment, picnic areas, barbecue pits, bicycle and pedestrian ways, and the like;
  3. (C)
    The relocation or addition of driveways and off-street parking lots and loading areas;
  4. (D)
    The relocation or addition of landscaping or screening areas;
  5. (E)
    The relocation or addition of fences and retaining walls; and
  6. (F)
    The relocation of freestanding business signs.

(CB-42-2002)

(h)
Changes of multifamily housing for elderly/handicapped site plans.
Changes of a site plan for approved multifamily housing for the elderly and/or handicapped may be permitted by the Planning Board or Planning Director, if authorized, in order to increase the amount of off-street parking. The Planning Board shall not approve any change previously proposed and specifically disapproved as part of the original Special Exception.

(CB-8-1984; CB-126-1984; CB-33-1985; CB-42-2002)

(i)
Changes of drive-in and fast-food restaurant site plans.
1. (1)
  Changes of a site plan for an approved drive-in or fast-food restaurant may be permitted under the site plan amendment procedures in Section 27-324. The Planning Board may permit the following modifications under the procedures in this Subsection and (a) and (c) above:
  1. (A)
    The addition, relocation, or modification of a freezer on the sides or rear of the restaurant building;
  2. (B)
    The addition, relocation, or modification of gross floor area in order to provide rest rooms to serve the physically handicapped;
  3. (C)
    The addition, relocation, or modification of vestibules above and around points of access to the restaurant building;
  4. (D)
    The addition, relocation, or modification of a fence, storage area, or trash enclosure; or
  5. (E)
    Any amendment described in (b) above.
2. (2)
  The Planning Board's decision shall be sent to all persons of record in the hearing before the Planning Board and to the District Council. This decision may be appealed to the District Council upon petition of 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. 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 file on the proposed revision, all written evidence and materials submitted for consideration by the Planning Board, a transcript of the public hearing on the revised plan, and any additional information or explanatory material deemed appropriate. 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. 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 revised plan to the Planning Board to take further testimony or reconsider its decision. Where the Council approves a revised site plan, it shall make the same findings that are required to be made by the Planning Board. If the Council fails to act within the specified time, the Planning Board's decision is automatically affirmed. 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.

(CB-88-2000; CB-42-2002; CB-1-2004)

(j)
Changes of site plans for uses within a Chesapeake Bay Critical Area Overlay Zone.
Changes of a site plan for an approved use within a Chesapeake Bay Critical Area Overlay Zone may be approved by the Planning Board, if such changes are necessary in order to conform to the approved Conservation Plan and Conservation Agreement. The Planning Board shall not approve any change previously proposed and specifically disapproved as part of the original Special Exception.

(CB-41-1986; CB-72-1987; CB-42-2002)

(k)
Changes of site plans necessitated by erosion/sediment control or stormwater management regulations.
1. (1)
  Changes of a site plan not otherwise provided for in this Section, for an approved use for which on-site erosion/sediment control or stormwater management facilities are required, may be permitted by the Planning Board or Planning Director, if authorized, provided that:
  1. (A)
    Such changes are the minimum necessary in order to conform to the approved plans for the required erosion/sediment control or stormwater management facilities and do not include the relocation of stormwater management facilities onto land not proposed for development; and
  2. (B)
    The agency having jurisdiction over approval of those plans advised the Planning Board that development in accordance with the approved Special Exception site plan would result in a violation of erosion/sediment control or stormwater management regulations.

(CB-127-1989; CB-42-2002)

(l)
Changes of site plans for public electric utility uses or structures.
The Planning Board or Planning Director, if authorized, may permit changes to a site plan for approved public electric utility uses or structures for the addition, relocation, or modification of foundations and equipment, including ground wires, control houses, and associated structures, within the existing fence line.

(CB-43-1991; CB-42-2002)

(m)
Changes of marina site plans.
Changes of a site plan for approved marinas may be permitted by the Planning Board or Planning Director, if authorized, for renovation in kind, replacement or repair for facilities such as the bulkheads or boat slips, floating and fixed docks boat storage facilities and other structures.

(CB-76-2001; CB-42-2002)

(n)
Changes of Planned Retirement Community site plans.
1. (1)
  The Planning Board may approve the following modifications, following the procedures in (a) above:
  1. (A)
    Changes required as the result of an approval of a Preliminary Plan of Subdivision;
  2. (B)
    Changes required by engineering necessity to grading, utilities, stormwater management, or related plan elements;
  3. (C)
    New or alternative architectural plans that are equal or superior to those originally approved, in terms of the quality of exterior building materials and architectural detail; or
  4. (D)
    Changes to any other plan element determined to be consistent with the overall design, layout, quality, or intent of the approved special exception site plan.
2. (2)
  The Planning Board's decision shall be sent to all persons of record in the hearing before the Planning Board, and to the District Council. This decision 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. 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 all written evidence and materials submitted for consideration by the Planning Board and a transcript of the public hearing on the revised plan. 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. 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 revised plan to the Planning Board to take further testimony or reconsider its decision. Where the Council approves a revised site plan, it shall make the same findings which are required to be made by the Planning Board. If the Council fails to act within the specified time, the Planning Board's decision is automatically affirmed. 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.

(CB-64-2015)

Effective on: 1/1/1901

Sec. 27-326. Extension of time limit.

(a)

In order to extend a time limit which is imposed in this Subtitle for a particular use, a new Special Exception must be approved.

(b)

Effective on: 1/1/1901

Sec. 27-327. Reconsideration of final decision.

(a)

(b)

Prior to reconsidering a decision, a public hearing shall be held on the matter by whomever made the final decision (Zoning Hearing Examiner or District Council).

(1)
If the District Council determines there may be grounds for reconsideration of their final decision, the Clerk of the Council shall schedule an evidentiary hearing on the request.
1. (A)
  After hearing, the District Council shall first vote to reconsider their final decision and, if an affirmative motion is adopted, vote on a new decision.
(2)
If the Zoning Hearing Examiner determines there may be grounds for reconsideration of a decision of the Zoning Hearing Examiner that became final, the Zoning Hearing Examiner shall conduct a public hearing in accordance with Section 27-129.
1. (A)
  After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council.
2. (B)
  Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's decision with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.

(CB-1-1991; CB-74-1994; CB-1-2004)

Effective on: 1/1/1901

Sec. 27-328. Revocation or modification of approved Special Exception.

(a)

(b)

(c)

Not later than ten (10) days prior to the Examiner's hearing, the Planning Board or Technical Staff may submit a recommendation or other material for the record.

(d)

The Examiner may hold the record open for up to sixty (60) days following the conclusion of the hearing. Within thirty (30) days of the closing of the record, the Examiner shall file a decision.

(e)

(1)
The provisions in the approval of the Special Exception have not been complied with; or
(2)
The approved Special Exception has not been used for any two (2) year period after the date of the original approval, except where the conditions of nonuse are beyond control of the grantee of the Special Exception.

(f)

The District Council may (in conjunction with the revocation or modification) order any use and occupancy permit issued for the Special Exception use to be revoked or modified.

(g)

Revocation of a Special Exception shall constitute revocation of any variances granted for the use by the Council.

(CB-50-1984; CB-33-1985; CB-21-1991; CB-49-1993; CB-29-2014)

Effective on: 1/1/1901