This chapter shall be known and may be cited as the "The City of Laurel Unified Land Development Code" ("Land Development Code").

(a)

The purposes of the Land Development Code are:

(1)

To guide the orderly growth and development of the City;

(2)

To protect and promote the health, safety, and welfare of the present and future inhabitants of the City;

(3)

To implement the City Master Plan;

(4)

To protect the City from fire, flood, and other dangers;

(5)

To provide sound, sanitary housing in a suitable and healthy living environment;

(6)

To encourage economic development activities that provides desirable employment and a broad, protected tax base;

(7)

To prevent the overcrowding of land;

(8)

To protect against undue noise, and air and water pollution;

(9)

To provide open space to protect scenic beauty and natural features of the City, as well as to provide recreational space; and

(10)

To protect and conserve natural resources.

The regulations and requirements herein set forth are established in accordance with the City of Laurel Master Plan and the provisions and powers granted the City by the Land Use Article of the Annotated Code of Maryland, as amended from time to time, to encourage the most appropriate use of land throughout the City with reasonable consideration, among other things, of the prevailing existing land uses, growth characteristics and character of the respective districts and their suitability for particular uses. Specifically, this title provides regulations to implement applicable goals and objectives of the City's adopted Master Plan and the policies provided for herein.

The City will amend its Land Development Code consistent with requirements of the Land Use Article, Annotated Code of Maryland, as amended from time to time, so that future growth and development will continue to be managed through the preparation, adoption, implementation, and enforcement of land development regulations that are consistent with the Master Plan.

(Ord. No. 1987, 10-25-2021)

(a)

Whenever any provision of this Land Development Code imposes a greater requirement or a higher standard than is required in any state statute the provisions of the Land Development Code shall govern unless preempted by state law.

(b)

Whenever any provision of a state statute imposes a greater requirement or a higher standard than required by this chapter, the provision of the state statute or other County or regulation shall govern.

In interpreting and applying the provisions of the Land Development Code, they are the minimum requirements for the promotion of the purposes of this chapter.

Should any provision of the Land Development Code be decided by the courts to be unconstitutional or invalid, that decision shall not affect the validity of the Code other than the part decided to be unconstitutional or invalid.

For the purposes of this chapter, the following words, terms, and phrases shall have the meanings respectively ascribed to them by this section:

Words used in the present tense include the future; the singular number includes the plural number and the plural the singular; the word "shall" is mandatory and not directory.

The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" or "occupied for."

AASHTO. American Association of State Highway and Transportation Officials.

Accessory apartment. See "dwelling, accessory apartment."

Accessory building. See "building, accessory."

Accessory use. See "use, accessory."

Adult day care facility. A nonresidential facility in which a program is operated that is designed to provide care and activities during the daytime for five (5) or more adults (unrelated to the operator by blood, adoption, or marriage) who are members of a service population that, because of advanced age, or emotional, mental, physical, familial, or social conditions, are in need of such assistance in daytime activities. The term shall not include a "nursing or care home," "congregate living facility," "private school," "eleemosynary or philanthropic institution," or "group residential facility," or any "sheltered workshop" licensed as such by the U.S. Department of Labor.

Adult day care residence. A nonresidential facility in which a program is operated that is designed to provide care and activities during the daytime for no more than four (4) adults (none of whom are related to the operator by blood, adoption, or marriage) who are members of a service population that, because of advanced age, or emotional, mental, physical, familial, or social conditions, are in need of such assistance in daytime activities. The term shall not include "nursing or care home", "assisted living residence", "private school."

Adult entertainment establishments. The following are definitions of adult entertainment establishments; provided, however, that such definitions shall not apply to persons, organizations, or entities having bona fide scientific, medical, educational, or other similar justifications for engaging in the specified activities:

(a)

Adult bookstore. A commercial establishment offering to sell, lend, rent, or display a substantial or significant portion of its stock in trade, books, magazines, periodicals, photographs, drawings, sculpture, motion pictures, films, or other visual representations distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as those terms are defined in this article).

(b)

Adult motion picture arcade. Any place in which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any time, in which a substantial portion of the total presentation time of the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas" (as those terms are defined in this article).

(c)

Adult drive-in theater. An open lot or part thereof, with appurtenant facilities, used at any time for the presentation of motion pictures, films, theatrical productions or other forms of visual productions, for any form of consideration to persons in motor vehicles or on outdoor seats, in which a substantial portion of the total presentation time of the material being presented is distinguished or characterized as having a dominant theme on the emphasis of matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as those terms are defined in this article) for observation by patrons therein.

(d)

Adult motion picture theater. An enclosed building in which a substantial portion of the total presentation time is used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting or relating to "specified sexual activities" or "specified anatomical areas" (as those terms are defined in this article) for observation by patrons therein.

(e)

Adult theater. A theater, concert hall, auditorium or similar establishment either indoor or outdoor in nature, which, for any form of consideration, regularly and routinely features live performances, a substantial portion of the total presentation time of which are distinguished or characterized by an emphasis on "specified sexual activities" or by exposure of "specified anatomical areas" (as those terms are defined in this article) for observation by patrons therein.

(f)

Adult model studio. An establishment where, for any form of consideration or gratuity, the opportunity is provided to observe, sketch, draw, paint, sculpture, photograph, or similarly depict figure models who display "specified anatomical areas" (as that term is defined in this article), or to be so observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted while displaying "specified anatomical areas" (as that term is defined in this article). A figure model means any person, male or female, who poses to be observed, viewed, sketched, painted, drawn, sculptured, photographed or otherwise depicted. An academic school which offers an academic course of instruction in art operated either by an established religious organization or under a certificate of approval issued by the Maryland State Department of Education is not defined as an adult model studio.

(g)

Adult cabaret. Any nightclub, restaurant, or similar establishment which regularly features live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, photographs, slides, video cassettes, or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(h)

Body painting studio. Any establishment or business which provides the service of applying paint or substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude in terms of "specified anatomical areas" (as that term is defined in this article).

(i)

Adult massage parlor. Any establishment where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with "specified sexual activities" (as that term is defined in this article), or where any person providing such treatment, manipulation or service related thereto exposes "specified anatomical areas" (as that term is defined in this article).

(j)

Specified anatomical areas. As used herein, "specified anatomical areas" shall mean and include any of the following: (i) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breast below a point immediately above the top of the areola; or (ii) human male genitals in a discernible turgid state, even if completely and opaquely covered.

(k)

Specified sexual activities. As used herein, "specified sexual activities" shall mean and include any of the following:

(i)

Human genitals in a state of sexual stimulation or arousal;

(ii)

Acts, actual or simulated, of human masturbation, sexual intercourse, or sodomy;

(iii)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast; or

(iv)

Flagellation or torture by or upon a human who is nude, or clad in undergarments, or in a revealing or bizarre costume, or who is fettered, bound, or otherwise physically restrained, while nude or clothed in undergarments or a bizarre costume.

Advertising structure. See "sign."

Age restricted housing. A dwelling unit for individuals fifty-five (55) years of age and older, uses can include, but not limited to, multifamily housing, single-family detached, townhouses and or condominium.

Agricultural uses, general. The use of a minimum of twenty-five (25) acres of land for agricultural purposes including farming, dairying, pasturage, agriculture, apiaries, horticulture, floriculture, and animal and poultry husbandry and any necessary accessory uses for packing, processing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the primary agricultural uses. The commercial feeding of garbage or offal to swine or other animals shall not be permitted.

Agritourism. An activity conducted on an agricultural property of at least twenty-five (25) acres that is offered to the general public or to invited guests for the purpose of education, recreation, or active involvement in farm operations. Uses include, but are not limited to: hayrides, corn mazes, pumpkin patches, farm tours and museums, and pick or cut your own products.

Alley. A way or passage less than thirty (30) feet in width open to public travel affording generally a secondary means of vehicular access to abutting lots and not intended for general traffic circulation, which has been accepted by the City and designated as an alley on a record plat or dedicated as such in a deed.

Alley, private. A vehicular passageway designed to provide secondary or service access, generally to the rear of a lot, which is owned and maintained by a private entity.

Alteration, structural. Any change or rearrangement in the supporting members of a building or structure such as bearing walls, columns, beams or girders; and enlargement whether by extending laterally or by increasing in height or any substantial change in the roof or in the exterior walls.

Amend or amendments. Any repeal, modification or addition to a regulation; any new regulation; any change in the number, shape, boundary or area of a zone; or any repeal or abolition of any map, part thereof, or addition thereto.

Amenity. A feature conducive to the attractiveness and value of real estate.

Animal boarding place. A commercial establishment where domestic animals are housed and cared for temporarily.

Animal grooming service. Any place or establishment, public or private, where domestic animals are bathed, clipped, combed, or otherwise groomed for the purpose of enhancing their aesthetic appeal, or to maintain or improve the animal's health, and for which a fee may be charged.

Animals, domestic. An animal that is tame or domesticated and not normally found in the wild state.

Animal kennel. Any place or premise used, in whole or in part, for the keeping of four (4) or more domesticated animals as a commercial venture for the purpose of adoption, breeding, boarding, grooming, handling, selling, and sheltering, such animals.

Animal/veterinarian hospital. A building used by a licensed veterinarian for the practice of veterinary medicine and not as a kennel. An animal hospital may include incidental boarding and grooming of animals and sale of pet supplies.

Antenna. Any structure or device used to collect or radiate electromagnetic waves, including both directional antennas (such as panels, microwave dishes, satellite dishes) and omnidirectional antennas (such as whips), but not including satellite earth stations larger than one (1) meter in diameter.

Apartment house. See "dwelling, multiple-family."

Art and/or cultural center. A non-profit establishment providing for the display, performance, or enjoyment of heritage, history, culture or the arts. This use includes, but is not limited to museums, arts performance venues, cultural centers, or interpretive sites.

Artist. A person engaged, as a career and not a hobby or pastime, in painting, drawing or sketching, printmaking, sculpture, pottery-making or ceramics, photography or filmmaking, music or dance composition or performance, acting or dramatic performance, drama or film production or direction, writing, or the teaching of any such activity.

Artistic studios. A place of work for one (1) or more persons who is/are actively engaged in the following: The fine arts, including, but not limited to, crafts, painting, printmaking, or sculpture; the performing and visual arts, including, but not limited to, dance, choreography, photography, or filmmaking; any use from the arts design and creation use category; or the composition, recording, rehearsal for performance, and/or production of music, video, or other media form.

Artists' live/work studio units. A mixed-use community for artists, consisting of one (1) or more adjoining structures with working and living space restricted to artists, and housing eight (8) or more artist units. The community may have artist units on any floor and certain nonresidential uses on the first floor, but the nonresidential uses may not occupy more than twenty-five (25) percent of the total gross floor area of the structures. All structures and common areas must be owned or controlled by a nonprofit corporation or association which restricts artist unit use and occupancy to artists and their families and which is responsible for maintenance of the structures and their continued use as artists' residential studios.

Assisted living facility. A residential facility with living and sleeping facilities for more than ten (10) elderly or physically handicapped residents within which sheltered care services are provided, which shall include, [at a minimum,] but need not be limited to, meal preparation, laundry services, housekeeping, personal observation and direction in the activities of daily living, transportation for routine social and medical appointments, and the availability of a responsible adult for companionship or nonclinical counseling. The term shall not include an "adult day care center", "assisted living residences", "hospital", "nursing home", "family", or "group residential facility" as defined elsewhere in this subtitle. An assisted living facility shall comply with any licensing and other regulatory requirements.

Assisted living residence. A residential facility for ten (10) or less elderly or physically handicapped residents, within which sheltered care services are provided, which may include, but need not be limited to, living and sleeping facilities, meal preparation (including tray service, if necessary) laundry services, housekeeping, personal observation and direction in the activities of daily living, transportation for routine social activity and medical appointments, and the availability of a responsible adult or adults for companionship or non-clinical counseling. The term "assisted living residence" shall not be construed to include an "adult day care facility," "hospital," "nursing home," "family," or "group residential facility" as those terms may be defined in this article. An "assisted living residence" shall be subject to the applicable provisions of Division 10, special exceptions of this article.

Athletic field. Open land used primarily for outdoor games including, but not limited to, baseball, football, and soccer.

Auction facility. Any area, whether open, partially enclosed, or entirely enclosed within a building, where items are placed for bid and sold to the highest bidder, if any. An auction facility shall not include any area where a one-time-only sale occurs, including, but not limited to, such an area where the following types of sales occur: yard sales; estate sales; sales for charitable purposes; judicial sales; or any sale conducted pursuant to applicable law by a sheriff, constable, receiver, trustee, administrator, trustee in bankruptcy, or other governmental agent or agency.

Automated teller machine. A mechanized machine designed for automated, non-attended electronic financial transactions operated by banking and other financial institutions to augment or otherwise provide continuous services including, but not limited to, depositing and withdrawal of currency, checks, or other negotiable documents, balance inquiries, and funds transfer.

Automated teller machine; exterior, lobby, or highway oriented. An automated teller machine, as defined herein, which is located in direct proximity to the main entrance of a financial institution, retail, automotive, office, or other service establishment, or which is located within a freestanding structure such as a kiosk, or within an accessory building or structure to a main use.

Automated teller machine, drive-thru. A mechanized machine designed for automated, non-attended electronic financial transactions operated by banking and other financial institutions that accommodates patrons in motor vehicles by serving them while they remain seated in their vehicles via a driveway approach to a kiosk or other service window.

Automobile detailing. A facility which provides automobile-related services such as applying paint protectors, interior and exterior cleaning and polishing as well as installation of after-market accessories such as tinting, auto alarms, spoilers, sunroofs, headlight covers, and similar accessory items, but shall not include any vehicle repair, engine degreasing or similar automobile cleaning services.

Automobile gas station. A building, lot or both having pumps and storage tanks at which fuels, oils, or accessories for the use of motor vehicles are dispensed, sold, or offered for sale at retail.

Automobile garage, group. An accessory building or portion of a main building designed, arranged, or used for housing motor vehicles in connection with one (1) or more multiple dwellings erected under one (1) ownership. Such garage shall be for passenger vehicles and light trucks only, including noncommercial buses used by occupants of said dwelling.

Automobile garage, private. An accessory building or portion of a main building designed, arranged, or used for housing private motor vehicles, only one (1) of which may be a commercial vehicle not to exceed one (1) ton in capacity.

Automobile garage, public. Building or portion thereof, other than an automobile salesroom, held out or used for the housing of six (6) or more motor vehicles, where service or repair facilities, if any, are incidental to the principal use for storage. Such garage shall not be considered an accessory use; nor shall it be used for the storage of dismantled or wrecked motor vehicles, parts thereof, or junk.

Automobile garage, repair. A main or accessory building used or designed for repairing motor vehicles; a service garage if accessory to an automobile salesroom.

Automobile garage, storage. A main or accessory building, other than a private garage, used for the parking or storage of passenger automobiles, and in which no service shall be provided for remuneration or compensation.

Automobile impound facility. A property that is used for the storage of wrecked motor vehicles, awaiting insurance adjustment and/or transport to a repair shop.

Automobile laundry. Any facility fully enclosed, partially enclosed or not enclosed and used for washing or polishing the interior or exterior of automobiles, trucks, trailers and the like, either partially self-operating, self-operating or operated by others.

Automobile parking compound. Parcel of land, lot, or portion thereof required or used, in accordance with these regulations, for off-street automobile parking.

Automobile rental agency. Any facility, building, or lot at which automobiles or trucks are offered for rental to the general public.

Automobile wash. A building or portion thereof containing facilities for washing private automobiles, light trucks and vans, but not commercial fleets. The use may include personnel for one or more phases of this operation, with or without complete automatic or mechanical devises.

Automobile wrecking. See "junk yard."

Bakery, retail. An establishment primarily engaged in the retail sale of baked products. The products may be prepared either on or off-site. This use may include the sale of coffee, tea, and sandwiches. A bakery shall be considered a general retail use.

Banking institution. A financial institution that engages in activities that may include, without limitation, the receipt, disbursement or exchange of funds and currencies, initiating and processing loans, and conducting investment activity.

Barber shop or beauty salon. Any establishment which engages in the practice of cutting or styling hair and cosmetology, and in which the employees are licensed to carry on those functions. This may include, without limitation, washing, drying, coloring and other activities associated with hair care, as well as nail care and skin care.

Basement or cellar. That portion of a building below the first floor joists, the floor of which is more than one-half (½) the clear ceiling height below the mean level of the adjacent ground. Such portion of a building shall not be used for habitation.

Beauty spa. A commercial establishment whose services include massage and body or facial treatments. Massage treatments may include body packs and wraps, exfoliation, cellulite and heat treatments, electrolysis, body toning, waxing, aromatherapy, salt therapy, cleansing facials, medical facials, non-surgical face lifts, electrical toning, and electrolysis. Hydrotherapy and steam and sauna facilities, nutrition and weight management, spa cuisine, and exercise facilities and instruction may be provided in addition to the massage and therapeutic treatment services. This use may also include a full-service hair salon, make-up consultation and application, and manicure and pedicure services.

Bed and breakfast lodging. An accessory use to a single-family residence in which no more than four (4) rooms are rented and breakfast service only is provided to guest clients, for lengths of stay ranging from one (1) night to no more than two (2) weeks in any one (1) visit, by the owner of the principal structure living on-site.

Billboard. See "sign, outdoor advertising."

Block. That property abutting one (1) side of a street and lying between the two (2) nearest intersecting or intercepting streets or the nearest such intersecting or intercepting street and railroad right-of-way, unsubdivided acreage, river, or live stream or between any of the foregoing and any other barrier to the continuity of development.

Board. The Board of Appeals of the City of Laurel.

Brewery, craft. A facility for the production and packaging of malt beverages for distribution, retail, or wholesale, on- or off-premises, with a capacity of not more than seven thousand, five hundred (7,500) barrels per year. A barrel is equivalent to thirty-one (31) gallons.

Brewpub. A restaurant that prepares malt beverages as an accessory use intended for consumption on the premises. The area used for brewing, including bottling and kegging, shall not exceed twenty-five (25) percent of the total floor area of the total gross floor area of the restaurant. Production capacity shall be limited to not more than one thousand five hundred (1,500) barrels per year. A barrel is equivalent to thirty-one (31) gallons.

Broadcasting studio. Commercial and public communications use including radio, television, and online broadcasting and receiving stations and studios, licensed by the Federal Communications Commission, with facilities entirely within buildings.

Building. Any structure, either temporary or permanent, having a roof supported by columns or walls for the shelter, support, or enclosure of persons, animals or chattels. When any portion thereof is completely separated from all other portions by a masonry division wall from the ground up to the roof and has no door or other opening directly communicating with the main building, such portion shall be deemed a separate building. Tents and trailers (and vehicles, regardless of whether or not the wheels have been removed) situated on private property and used for the purposes of a building, shall be considered as a building.

Building, accessory. A building subordinate to, and located on the same lot with, a main building, the use of which is clearly incidental to that of the main building or to the use of the land.

Building, area of. The area at the ground level of the main building and all accessory buildings, excluding terraces, steps and unenclosed porches, but including roofed porches, measured from the outside surface of exterior walls.

Building, community. A building for social, educational, and recreational activities of a neighborhood or community provided any such use is not operated primarily for commercial gain.

Building, detached. A building that is not attached to any other building by any means.

Building frontage. The developed length of that portion of the building which faces a street, road, or highway right-of-way, or if there is no street frontage, the area which faces a public lot containing not less than twenty (20) parking spaces and serving the building, and which contains the principal entrance to the building.

Building, height of. The vertical distance measured from the level of approved street grade opposite the middle of the front of the building to the highest point of roof surface of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip or gambrel roof; except that, if a building is located on a terrace, the height above the street grade may be increased by the height of the terrace but not over five (5) feet. In the case of a building set back from the street line thirty-five (35) feet or more, the building height is measured from the average elevation of finished ground surface along the front of the building. On a corner lot exceeding twenty thousand (20,000) square feet in area, the height of the building may be measured from either adjoining curb grade. For lots extending through from street to street, the height may be measured from either curb grade, provided that the maximum height permitted on the lower street extends back from such street not less than one hundred fifty (150) feet.

Building official. The Chief Building Official (CBO) of the City of Laurel or their authorized representative.

Building line. A line beyond which neither the foundation wall nor any enclosed porch, vestibule, or other such portion of a building shall project.

Building, main. A building in which is conducted the principal use of the lot on which it is situated, all parts of which building are connected in a substantial manner by common walls and a continuous roof. In any residential zone, a dwelling shall be deemed a main building on the lot on which the same is located.

Bulk distribution station, gas, and oil. A facility for the storage of fuels and/or oil to retail sales facilities or other bulk purchasers, regardless of ownership.

Campground. An area that is intended to be occupied for overnight accommodations in recreational vehicles, motor homes, tents, camping trailers, or mobile trailers and is held out as such to the public. A campground does not include any manufactured housing community but may include an accessory building for administration and the sale of goods associated with camping. It shall not include any permanent structure for lodging.

Camping trailer. A vehicle which is self-propelled or capable of being towed by a vehicle, with an overall length not exceeding thirty-five (35) feet, providing facilities for temporary camping or sleeping or both and including a unit designed to be carried by an open pickup truck. The term "camping trailer" includes "travel trailer."

Cannabis. The plant Cannabis Sativa L. and any part of the plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a Delta-9-tetrahydrocannabinol concentration greater than three-tenths (0.3) percent on a dry weight basis, and includes cannabis products. This does not include hemp or hemp products, as defined in the Annotated Code of Maryland, Agriculture Article, Section 14101.

Carnival/circus/fairground. A temporary outdoor amusement center, bazaar, or fair, involving use of special purpose equipment, and conducted by professional operators, that includes activities such as rides, exhibitions, food service, toy sales, and small-scale games. This shall not include adult entertainment uses.

Catering service. An establishment in which the principal use is the preparation of food and meals on the premises for delivery to another location for consumption. This use includes commercial kitchens.

Cellar. See "basement."

Cemetery. A place used for the permanent interment of dead human bodies or the cremated remains thereof. It may be a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments, or a combination of one (1) or more thereof.

Cemetery, pet. Property and accessory buildings, and/or structures used for the interring of animal remains.

Check-cashing facility. A business that for compensation engages, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. "Check cashing facility" does not include a state or federally chartered bank, savings association, credit union, or industrial loan company or a title loan facility. "Check cashing facility" also does not include a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cash checks or issue money orders for minimum flat fee as a service that is incidental to its main purpose or business.

Child care home. A facility offering or supplying group day care to children for which a license is required pursuant to Subtitle 5, Part VII of the Family Law Article of the Annotated Code of Maryland, as amended from time to time. "Child care home" does not include family day care home, as defined in the Family Law Article Subtitle 5 of the Annotated Code of Maryland.

Child care residences. A dwelling or other structure used for the boarding, care and temporary residence of children under the age of eighteen (18) supervised by an adult twenty-four (24) hours a day and not including foster parents or house parents. A child care residence shall include any family-type facility wherein the children are placed by order of a court of competent jurisdiction, by a public welfare department, by another governmental agency having responsibility for placing children for care, or by a child placement agency licensed in accordance with Maryland State Law, as presently in force or hereafter amended. A childcare residence shall not include any facility used primarily for the treatment of persons having drug or alcohol dependence or related problems. This classification does not include uses enumerated under eleemosynary, philanthropic.

Child day care facility. An establishment that offers or provides child care to at least thirteen (13) children on a regular schedule, at least twice a week, for part of a twenty-four-hour period, under a license or registration issued by the State of Maryland for a child care facility.

Child day care residence. A residence in which family day care is provided for no more than twelve (12) unrelated minors not residing on the premises. The persons or persons providing such day care service shall be full-time residents of the property. All residents/owners/providers shall comply with all federal, state, and local licensing requirements.

City. The City of Laurel, the official name of which is "the Mayor and City Council of Laurel," pursuant to Section 101 of the City Charter.

City planner. The City of Laurel Director of the Department of Economic and Community Development, or their designee.

Club or lodge, private. An establishment providing facilities for entertainment or recreation not including adult entertainment as defined herein for members only and operated as a nonprofit enterprise.

Commercial kitchen. A fully equipped prep kitchen that is rented out for shared use. May also refer to: culinary kitchens, shared kitchens, community kitchens, kitchen incubators, food innovation centers, accelerators, and food hub uses.

Commission. The City of Laurel Planning Commission.

Common area, common land. Land or facilities which are located within, or related to, a development, and which are designed for use by the residents (and guests) of, or workers in, the entire development or a designated part of the development. The term "common area" does not include land or facilities which are individually owned or dedicated to public use. "Common area" remains in the ownership of a homeowners', condominium, or similar association.

Communications tower. A structure to support radio; cellular telephone and television transmission antennas; microwave relay towers; monopoles; and similar structures for transmission of electronic signals. Communications tower does not include amateur radio operator antennas which are accessory to a residential use and television antennas which are accessory to residential use or governmental or public towers operated by a federal, state, or local government which are utilized for public safety, emergency, and governmental communications and as further defined in federal laws and regulations of the Federal Communications Commission.

Community. A subarea of the city consisting of residential, institutional, and commercial uses sharing a common identity.

Community building. See "building, community."

Condominium. Property subject to a "condominium regime" established under the Maryland Condominium Act, being Title 11 of the Real Property Article of the Annotated Code of Maryland.

Conference center. A facility used for meetings, conferences, trainings, or other such gatherings to accommodate at least one hundred (100) individuals, and which may include exhibition space. This term does not include banquet halls, clubs, or lodges.

Consumer repair services. Establishments primarily engaged in the provision of repair services to individuals and households for consumer items, which may include, without limitation, appliance repair, shoe repair, watch or jewelry repair, repair of musical instruments, upholstery repair, and clothing repair (which may include tailors). This shall not include automotive or large equipment repair.

Contractor's storage yard. An unenclosed portion of the property upon which a contractor maintains a permanent business office. A contractor's storage yard can be used to store and maintain construction equipment and other materials customarily used in the trade carried on by the construction contractor. If permitted to be used in this manner, the entire property will be classified as a "contractor's storage yard" and will be required to conform to all applicable zoning district standards and other legislative regulations.

Convenience store. An establishment which sells snack foods packaged or prepared food and beverages, and other food and convenience items for consumption of the premises and may also sell gasoline; does not include automotive service stations or vehicle repair shops.

Convention center. A facility designed to accommodate five hundred (500) or more persons and used for conventions, conferences, seminars, product displays, recreation activities, and entertainment functions, along with accessory functions, along with accessory functions including food and beverage preparation and service for on-premises consumption. This term does not include banquet halls, clubs, lodges, or other meeting facilities of private or nonprofit groups that are primarily used by group members.

Council. The Laurel City Council.

Court. An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings, bounded on two (2) or more sides by such building or buildings and every part of which is clear and unobstructed from its lowest point to the sky.

Court height. The vertical distance measured from the point of lowest elevation in the court to the highest point of the immediately adjacent building.

Court, inner. Any court except an outer court. The width of the inner court is its least horizontal dimension between opposite sides, measured at right angles to its longest side. The length of an inner court is its greatest horizontal dimension, measured parallel to its longest side.

Court, outer. A court open on at least one (1) side for at least seventy-five (75) percent of its width and extending to any yard on the lot or to a street, alley, or public way. The depth of outer court is the greatest horizontal dimension measured at right angles from the yard, street, or public way, upon which such court opens, to the face of the opposite building or wall. The width of outer court is its least horizontal dimension measured at right angles to its depth.

Cul-de-sac. A local street, one (1) end of which connects with another street and the other end of which is a dead end which allows space for turning of vehicles.

Data processing facility. A facility primarily involved in the compiling, storage, and maintenance of documents, records, and other types of information in digital form utilizing a mainframe computer. This term does not include general business offices, computer-related sales facilities and business or personal services.

Delicatessen. A type of food service establishment which as a substantial portion of its business the carry-out of foods for immediate consumption. Delicatessens must exhibit both of the following characteristics:

(a)

The establishment does not provide more than ten (10) seats, and

(b)

Food items prepared for consumption generally are not prepackaged, but are made to specific order. A limited number of prepackaged items may be sold, but only as accessory to the principal use of service of food for immediate consumption.

Department store. An enclosed establishment in which a retail business is conducted under a single owner's name wherein a variety of unrelated merchandise is housed, exhibited and sold directly to the customer.

Developer. A person commencing proceedings under this article to effect the development of land for use by himself or for another.

Development area. The minimum area of land permitted by this article to be developed by a single owner or group of owners, acting jointly which may consist of a parcel or assembled parcels, planned and developed as an entity under the development procedures.

Distribution center. A facility where goods are received and/or stored for delivery to the ultimate customer at remote locations.

Dormitory. A building or portion thereof used for sleeping purposes, in connection with a duly approved school, college, or other institution.

Driveway and access drive. A prepared hard surface area providing ingress and egress for vehicles from private property and the public right-of-way.

Drug store/pharmacy. A retail store where the primary "use" is the filling of medical prescriptions and the sale of medical supplies and nonprescription medicines. Nonmedical products, such as cards, candy, and cosmetics, may be sold as an "accessory use."

Dry cleaning establishment. A service establishment that processes and cleans garments and textiles using chemical solvents or other processes, which includes ironing/pressing of garments, laundry operations, alterations, tailoring, dying, and can also include ancillary shoe repair. There are four (4) types of dry cleaning establishments as follows:

(a)

Dry cleaning, pickup only. An establishment that permits the drop off and pickup of garments and textile items for dry cleaning which are processed off the subject premises at another site.

(b)

Dry cleaning, limited. A retail establishment which contains dry cleaning equipment on the premises, but is limited to nor more than two (2) dry cleaning machines.

(c)

Dry cleaning plant, retail. An establishment that serves as a pickup and drop off facility, where dry cleaning machines process garments and textiles on premises for the public, where the number of the machines which exceeds two (2) dry cleaning machines, is permitted by special exception, and other standards as contained within this Code.

(d)

Dry cleaning plant, retail and wholesale. An establishment that is identical to a dry cleaning plant, retail; with the addition that it processes garments and textiles for others brought into the facility from other establishments.

Dump. Any premises used primarily for disposal by abandonment, discarding, dumping, reduction, burial, incineration, or any other means and for whatever purpose of garbage, sewage, trash, refuse, waste material of any kind, junk, discarded machinery, vehicles or parts thereof, offal or dead animals.

Dwelling, accessory apartment. A secondary dwelling unit contained within a single-family detached dwelling for use as a complete, independent living facility with provision within the accessory apartment for food preparation, eating, sanitation, and sleeping. Such a dwelling is an accessory use clearly subordinate to the primary dwelling.

Dwelling, area of unit. The sum of the gross floor areas above the basement level, including those rooms, and closets having the minimum ceiling height, light, ventilation and other features as required by the Building Code of Laurel and as further defined in this article not including any attic area.

Dwelling, condominium. A building located on a lot or parcel of land that contains dwelling units, separated by party walls, having a roof and exterior walls in common, and subject to documents creating a condominium regime filed with the State of Maryland.

Dwelling, detached. A building arranged or designed as a dwelling and entirely separated from any other building or structure by space on all sides.

Dwelling, multifamily. A building (other than a "three-family dwelling") containing three (3) or more dwelling units; whether rented or owned. Each dwelling unit shall be designed for completely independent living.

Dwelling, multiple-family, existing. A building containing three (3) or more dwelling units, and legally existing as such on October 1, 1991, excluding, however, multiple-family dwelling units existing by right or by special exception on October 1, 1991.

Dwelling, single-family detached. A building containing only one (1) dwelling unit on its own lot or parcel of land.

Dwelling, single-family semi-detached. One (1) of two (2) buildings, arranged or designed as dwellings; located on abutting lots; separated from each other by a party wall extending from the cellar floor to the highest point of the roof, along the dividing lot lines; and separated from any other building or structure by space on all sides.

Dwelling, townhouse. One (1) of at least two (2) or more attached dwellings.

Dwelling, triple-attached. One (1) of three (3) buildings, arranged or designed as one-family dwellings; located side by side on adjoining lots, separated from the adjoining building or buildings by a party wall or walls, extending from the ground to the roof; and having exterior walls in common with the adjoining building or buildings.

Dwelling, two-family detached. A building containing no more than two (2) dwelling units, arranged one (1) above the other or side by side.

Dwelling unit. A building or part of a building containing complete living facilities for only one (1) family, including provisions for living, sleeping, eating, cooking, and sanitation.

Dwelling unit, housing for senior citizens and handicapped persons. Any form of housing permitted by this article, which is specifically designed and marketed for, and occupied by senior citizens and/or handicapped persons, as defined by federal law. Such housing shall be intended and used for independent living only, with amenities and services restricted to those which will facilitate autonomy. "Assisted living residence," "assisted living housing," and "nursing homes" shall not be considered housing for senior citizens and handicapped persons, as defined herein, but may be petitioned if various forms of these housing choices are proposed to be located within a specific project or parcel.

Educational institution, private. A licensed private school or training institute which offers a program of college, professional, preparatory, high school, middle school, elementary, kindergarten, or nursery school instruction; or any other program of trade, technical, or artistic instructions. A private school is not a "home occupation". The term does not include:

(a)

Any institution which is under the jurisdiction of the Prince George's County Board of Education; or

(b)

Any activity offering instruction which is carried on by a single teacher, tutor, or instructor having a total enrollment of less than six (6) students.

Elderly day care facility or center. A day care center, residence, or other place used for the reception or care, as a cooperative or for compensation, of a person fifty-five (55) and over, for any part of a twenty-four-hour period. The term "elderly day care facility" shall not include any residential facility.

Electric security fences. A fence intended to guard property against unauthorized entry, and to protect stored goods and products from theft and other unauthorized handling. The electric security fence shall not exceed ten (10) feet in height and shall be surrounded by a non-electric security fence that is at least five (5) feet in height.

Electric vehicle (EV). A vehicle that can be operated by an electric motor that draws electricity from a battery and is capable of being charged from an external source.

Electric vehicle charging station. The charging infrastructure plus the equipment that connects an electric vehicle to a source of electricity for the purpose of charging the vehicle. Charging stations must be Level 2 or greater.

Electrical substation. An assemblage of equipment for purposes other than generation or utilization, through which electric energy in bulk is passed for the purposes of switching or modifying its characteristics to meet the needs of the general public, provided that in or proximate to residential zones, an electric substation shall not include rotating equipment, storage of materials, trucks or repair facilities, housing of repair crews, an office or place of business.

Eleemosynary institution. Any facility operated by a private, nonprofit organization as certified by the Federal Internal Revenue Service offering religious, social, recreational, emergency, or benevolent services that is not otherwise specifically allowed in the applicable zone. The organization shall not carry on a for profit business on the premises. The term shall not include an "adult day care facility," "assisted living residence," or "adult group home" licensed by the State of Maryland.

Employment agency/recruitment firm. A use whose primary function is matching persons seeking employment to available jobs, primarily for permanent or contract positions, but also temporary assignments in clerical, administrative, accounting manufacturing, general labor, and similar specialties. The use may also include executive recruitment capabilities. The function of this use is typified by the review of potential employee's credentials through a scheduled appointment during posted business hours with all potential employees being kept inside the office where they are being reviewed and referred.

Entertainment. A use that includes live bands or performing ensembles, disc jockeys, theatre or hall for the performing arts, symphony, community or legitimate theatre, cinema, poetry or dramatic readings, karaoke establishments, amateur and professional comedians, amateur open microphone performance, and jukeboxes serving an entire establishment. Not included within this definition is background music normally associated with restaurants or other commercial establishments, individual jukeboxes at dining tables, or any entertainment associated with a use defined as an adult entertainment establishment or business, as defined within this section. Entertainment uses do not include dancing unless specifically provided for in any respective zone. Entertainment uses approved and regulated on public municipal spaces by the city are exempt from these provisions.

Entertainment uses are permitted by right or special exception. Unless otherwise specified, these uses are associated with a standard restaurant. However, they could be located within a large conference or ballroom for receptions and the like, or other freestanding venue such as a banquet facility or hall available for lease by private parties.

Family:

(a)

An individual maintaining a household in a "dwelling unit"; of

(b)

Two (2) or more individuals related by blood, adoption, or marriage (including a "foster home" relationship other than a "group home, adult") who maintain a common household in a "dwelling unit"; or

(c)

Not more than three (3) individuals (excluding servants), all or a part of whom are unrelated to one another by blood, adoption, or marriage, and who maintain a common household in a "dwelling unit."

Financial institution. Any establishment, the primary business of which is concerned with such federal or state regulated activities as banking, savings and loans, credit unions, and consumer loan companies.

Flea market. A building or open area in which stalls or sales areas are set aside, and rented or otherwise provided, and which are intended for use by various unrelated individuals to sell articles that are either homemade, homegrown, handcrafted, old obsolete, or antique, and may include the selling of new or used goods at retail by businesses or individuals who are generally engaged in retail trade. Rummage sales and garage sales are not considered to be flea markets.

Flex space. A building that is designed with three (3) or more modular bays to accommodate businesses of varying sizes, with the modular bays capable of being used for a variety of uses, including offices, research and development, light manufacturing, service agencies, and accessory storage and sales, provided that the uses are limited to those uses permitted by the zoning district in which the flex space is located. All principal activities of the various uses shall be conducted wholly within an enclosed building. Flex space buildings may have rear loading docks.

Floor area of building. See "gross floor area."

Floor area ratio (FAR). The ratio of gross floor area to the lot area. The area of building coverage can be expressed horizontally or vertically depending on the ratio.

Food truck lot. An area on private property designated to accommodate two (2) or more licensed and/or permitted food trucks.

Fortune-telling business (see also psychic). An establishment primarily engaged in providing personal services including, but not limited to, the practice of reading a person's character or future by studying the conformation of the physical structure of the body, a person's birth date, stars, planets or by similar means. Fortune-telling shall not be considered a "home occupation," "church," or other place of worship.

Foster home. A "dwelling unit" in which a person performs the duties of a parent to the child of another by rearing the child and acting as his guardian.

Foster care home for the elderly, mentally challenged, or physically handicapped. A dwelling containing one (1) "family" unit as defined in this article with one (1) or more members of that unit providing personal and/or nursing care to one (1) or more of the others. If so decided by the board, a similar situation involving residents all related by blood need not be considered a foster care home.

Fraternity and sorority house. A building used as a group living quarters for students of a college, university, or seminary, who are members of a fraternity or sorority that has been officially recognized by the college, university, or seminary.

Frontage. The length of the front property line of the lot, lots, or tract of land abutting a street, road, or highway.

Funeral home (funeral parlor). A "building" in which humans who have died are prepared for burial or cremation and in which wakes and funerals may be held. A funeral home may contain facilities for:

(a)

Embalming and other services used in the preparation of the dead for burial;

(b)

The display of the deceased;

(c)

The performance of ceremonies in connection with a funeral;

(d)

The performance of autopsies and similar surgical procedures;

(e)

The sale and storage of caskets, funeral urns, and other related funeral supplies; and

(f)

The storage of funeral vehicles.

Garage. See "automobile garage."

Gas station complex. A building or land used for the retail sale of automotive fuel, which does not provide automotive vehicle repair or service, and which does include one (1) or more of the following as accessory uses:

(a)

An automobile laundry, either hand-operated, mechanical or both, provided that fifty (50) percent of the method of washing or polishing is a production line method with a chain or similar conveyor, blower, steam-cleaning device, or other mechanical devices;

(b)

A fast food, carry-out, or drive-in restaurant;

(c)

A food or grocery store, including incidental preparation of food for consumption off the premises;

(d)

An automated teller machine located on the exterior wall, or in direct proximity to the main building entrance; or

(e)

Automobile related service appliances, such as a vacuum or an air pump, whether or not a charge is made therefore.

Gasoline station. See "automobile filling station."

General contractor. A contractor or builder engaged in construction of residential. commercial, industrial, or mixed-use structures as well as heavy construction contractors engaged in activities such as paving, highway construction, and utility construction.

Governmental facility. A building or structure owned, operated, or occupied by a governmental agency to provide a governmental service to the public.

Grade, established street. The elevation established by the City at the roadway, centerline, or curb in front of the lot.

Grade, finished. The elevation of the finished surface of the ground adjoining the building after final grading and normal settlement.

Grade, natural. The elevation of the undisturbed natural surface of the ground prior to an excavation or fill.

Green area. An area of land associated with and located on the same tract of land as a building or group of buildings in relation to which it serves to provide light and air, or scenic, recreational, or similar purposes. Such spaces shall in general be available for entry and use by the occupants of the building or buildings involved, but may include a limited proportion of space so located and treated as to enhance the amenity of the development by providing landscaping features, screening for the benefit of the occupants or those in neighboring areas, or a general appearance of openness. Green areas may include, but not be limited to, lawns, decorative plantings, sidewalks and walkways, active and passive recreational areas, including children's playgrounds, fountains, swimming pools, wooded areas, and water surfaces that comprise not more than ten (10) percent of the total green area; but shall not include parking lots or other vehicular surfaces, accessory buildings other than swimming pools nor areas of open space so located or so small or so circumscribed by buildings, parking or drainage areas, as to have no substantial value for the purposes stated in this article, or recreational buildings allowed by special exception.

Grocery store. A retail establishment which primarily sells prepackaged and perishable food, but which also may sell other convenience and household goods.

Gross floor area. The total number of square feet of floor area in a "building," excluding those portions of a "basement" used exclusively for storage or the mechanical elements of a "building," and also excluding uncovered steps and porches, but including the total floor area of all "accessory buildings" on the same "lot." All horizontal measurements shall be made between the exterior faces of walls, columns, foundations, or other means of support or enclosure. It includes walkways or plazas within "wholly enclosed" shopping malls but does not include covered walkways or plazas in other shopping centers, or other areas covered solely by "canopies." (Abbreviated as "GFA".)

Gross leasable retail area. The total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, if any, expressed in square feet measured from centerlines of joint partitions and exteriors of outside walls.

Ground area of building. The number of square feet of horizontal surface covered by a building, including covered porches and accessory buildings. All measurements shall be made between exterior faces of walls, foundations, piers, or other means of support.

Group home, adult. A home operated and under the direct supervision of a non-profit organization for the housing of up to five (5) unrelated individuals, each of whom is at least twenty-five (25) years of age, would be likely to be homeless otherwise, and would benefit from a structured and supervised environment provided by and within the group home.

Guest room. A room or rooms wherein, for compensation, living and sleeping accommodations are provided for transient visitors, excluding rooms in school or college dormitories and fraternity and sorority houses, where all furnishings, maid service and central telephone switchboard are provided, operated and maintained by the management, such rooms shall have no provisions for cooking, except in the case of guest rooms in apartment hotels, in which case kitchenette facilities may be installed.

Hardware store. A facility of no more than thirty thousand (30,000) square feet gross floor area, primarily engaged in the retail sale of various basic hardware lines, such as tools, builder's hardware, plumbing and electrical supplies, paint and glass, housewares and household appliances, and garden supplies; if greater than thirty thousand (30,000) square feet, such a facility shall be classified as a home improvement center.

Health campus. A tract of land, whether publicly or privately owned, principally utilized for the purpose of providing services related to health maintenance, diagnosis and treatment, including, without limitation, diagnosis and/or treatment of human diseases; diagnosis and/or treatment of mental health diseases or conditions; and diagnosis and/or treatment of pain, injury, deformity, or other physical conditions. A health campus shall include at least two (2) structures upon the campus, and shall include at least two (2) of the following uses: hospital; clinic; diagnostic center; therapeutic treatment center; rehabilitation center; fitness center; assisted living facility; extended care center; nursing home; ambulatory or intermediate care facility; emergency care facility; professional or paramedical training centers; surgical center; laboratory; or other uses determined by the Planning Commission to be ordinarily and customarily found within a health campus. Dining facilities may be permitted upon the health campus, but any such facilities:

(1)

Shall be strictly related to and subordinate to the health-related uses upon the campus;

(2)

Shall be intended to primarily serve the employees, patients, residents and guests of the campus; and

(3)

Shall not be located in a separate structure for that purpose only.

Health club/spa/gym. An establishment that provides exercise facilities such as running, jogging, aerobics, weightlifting, court sports, swimming, yoga, and dance rooms, and which may also provide massages, spa treatments, saunas, locker rooms, showers, and other related accessory uses. This shall not include adult entertainment uses.

Health institutions. Health care facilities such as hospitals, sanitariums, nursing or care homes, or similar facilities.

Height of building. See "building, height of."

Heliport. An area designed to accommodate all phases of operation of helicopters with suitable space and facilities for a terminal, loading, unloading, service and storage of such aircraft, to include facilities for such accessory uses as are commonly associated with an airport terminal.

Helistop or helipad. An area designated to accommodate touchdown and lift-off of helicopters, for the purpose of picking up and discharging passengers or cargo. Such an area shall contain no operation facilities other than one (1) tie-down space and such additional facilities as are required by law, ordinance, or regulation.

Home improvement center. A facility of more than thirty thousand (30,000) square feet gross floor area, engaged in the retail sale of various basic hardware lines, such as tools, builder's hardware, paint and glass, housewares and household appliances, and garden supplies. Materials generally sold are used in the maintenance, repair, or construction of buildings or other structures, including lawn and garden supplies.

Home occupation. In addition to the definitions provided elsewhere in this article, an occupation conducted entirely within a single-dwelling unit by a person or persons residing therein:

(a)

In connection with which there is used no display except one (1) sign affixed to the building not exceeding a total area of two (2) square feet, nor projecting more than one (1) foot beyond the building, and not illuminated, that will indicate from the exterior that the building is being utilized in part for purposes other than that of a dwelling;

(b)

In connection with which there is kept no stock in trade or commodity held upon the premises;

(c)

In connection with which no person is engaged or employed other than a member of the immediate family residing on the premises;

(d)

In connection with which the occupation does not occupy more than twenty (20) percent of the floor area of the main building; and

(e)

In connection with which no equipment or facilities are used other than those needed for purely domestic or household purposes and which is clearly incidental and secondary to residential occupancy and does not change the character thereof. Boarding houses and rooming houses, tourist homes, private educational institutions, childcare residences, group dancing instruction, band instrument instruction, nursing homes, medical or dental office, tearooms, beauty parlors, and retail business or trade shall not be deemed home occupations.

Homeowner's association. An incorporated or unincorporated, nonprofit organization operating under recorded land agreements and properly registered with the State of Maryland through which:

(a)

Each lot or home owner, or both, in a planned unit or other described land area is automatically a member, and

(b)

Each lot is automatically subject to a charge for a proportionate share of the expenses for the home association's activities, such as common property maintenance.

Hospital. Any institution receiving in-patients and rendering medical, surgical, or obstetrical care or any combination thereof. This shall include hospitals and institutions in which service is limited to special fields such as cardiac, eye, ear, nose and throat, pediatric, orthopedic, skin and cancer, mental, tuberculosis, chronic disease and obstetrics. The term "hospital" shall also include sanitariums and sanatoriums, including those wherein, mentally handicapped patients, epileptics, alcoholics, senile psychotic, or drug addicts are treated or cared for.

Hotel or motel. Any building or portion thereof or group of buildings containing guest rooms in which, for compensation, lodging is offered to transient guest on a daily, weekly, or similar short term basis. The "hotel/motel" definition does not include "boarding houses" or "bed and breakfast facilities."

House of worship. A church, temple, synagogue, mosque, or other building specifically used for organized worship. It shall be unlawful as an accessory, ancillary or secondary to other uses on the same premise.

House sharing. A dwelling unit housing up to three (3) unrelated individuals operated as a single household with common cooking and eating facilities.

Ice skating facility. An enclosed building facility fitted with a thin sheet or sheets of ice to provide ice sports, including, but not limited to, ice hockey, curling, and figure, speed, and recreational skating.

Impervious surface. A surface that includes, but is not limited to, concrete, asphalt, pavers, brick, and all paved and prepared drivable surfaces pursuant to Section 20-16.10 of the City of Laurel Unified Land Development Code.

Integrated industrial center. A group of compatible industrial facilities planned and developed in a building or in a unified arrangement of buildings with a minimum lot area of one (1) acre, and designed to satisfy all off-street parking demands.

ICC. International Code Council.

Industrial staffing agency. A use which offers specialty employment services, predominantly in the areas of temporary staffing. Often, but not limited to day laborers, agencies such as these provide a method of daily or temporary assignments. Walk in service allows quick assignment of laborers or other job seekers for changing circumstances. Typical employers/clients of industrial staffing agencies, include, but are not limited to, contractors, cleaning companies, landscapers, small business owners, and similar firms.

Junk yard. Any land or building used for storing, keeping, collecting, recycling, or baling of paper, rags, scrap metals, other scrap or discarded materials, or for abandonment, demolition, dismantling, storage, or salvaging of automobiles or other vehicles not in running condition, machinery, or parts thereof.

Karaoke establishment. A entertainment use, in conjunction with a standard restaurant, that permits amateur singers along with recorded music or a music video that uses a public address system or microphone where the voice of the original singer or performer has been removed, and the lyrics of the song are displayed on a video screen, with a moving symbol or changing color or other images to guide the singer. Karaoke establishments may not charge a separate cover or admission charge at the standard restaurant, which would then be subject to the restrictions within the Zoning Regulations for other establishments offering live entertainment and/or dancing. Capacity of any such establishment is subject to the determination of the fire marshal.

Kennel, commercial. See "animal boarding place."

Kennel, noncommercial. Any building or buildings and land used, designed, or arranged for the Boarding, breeding or care of dogs or cats belonging to the owner thereof, kept for purposes of show, hunting or as pets, not including riding stables.

Laboratory. An establishment or premises where scientific services are provided including, but not limited to, basic or applied research, experimentation, testing or analysis of a biological, biotechnological, medical, genetic, chemical, physical, mechanical, electric or electronic nature, as well as product design, development and production (including, but not limited to, construction and operation of small scale experimental and pilot operations), or the calibration of instruments; provided that the proposed use will not have any discernable influence or effect on any adjacent use. This use is subject to sound insulation.

Land, private. Land in a subdivision or development area which shall be adjoining, attached and assigned to a one-family, two-family or townhouse dwelling, to be held as an open space in ownership with the dwelling in the subdivision or development area, and which shall be identified on subdivision and development plans submitted to the City.

Laundromat or launderette. Any place where automatic washing machines, automatic clothes dryers, and/or dry cleaning machines are provided for the use of the public whether or not a charge is made therefore.

Level 2 EV ready charging. Charging infrastructure that provides higher rate AC charging through a 240-volt in residential applications or 208-volt in commercial applications and allows for an electric vehicle to be plugged in using a portable charger.

Library. A public facility for the use of literary, musical, artistic, or reference materials. Said materials may be borrowed, but not rented or sold on a regular basis.

Licensed dispensary of cannabis. An entity licensed by the Maryland Cannabis Administration that acquires, possesses, repackages, transports, sells, distributes, or dispenses, cannabis or cannabis products (products composed of cannabis, cannabis concentrate, cannabis extract, or other ingredients, and are intended for use or consumption, including edible products, oils and tinctures) for medical and personal nonmedical use, along with related supplies and products, including, without limitation, tinctures, aerosols, oils, or ointments, and educational materials for use by a qualified user, through a storefront or through a delivery service, based on license type. The use of cannabis for personal non-medical use is limited to individuals at least twenty-one (21) years of age.

Liquor store. Any business selling general alcoholic beverages, also known as sale of distilled spirits or hard liquor, for off-premises consumption. A Liquor Store does not include a business selling only beer and/or wine for off-premises consumption.

Live entertainment. Any musical, comedy act, theatrical, play, revue, scene, dance act, or song and dance act, performed by one (1) or more persons, whether or not they are compensated for the performance, in a privately owned premises that is open to the public, and whether or not admission is charged. Live entertainment does not include the term "adult entertainment facility" or "adult entertainment establishment."

Loading space. An off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street or other appropriate means of access.

Lot. Parcel of land, occupied or to be occupied by a building and its accessory buildings or by group dwellings and their accessory buildings, together with such open spaces required under the provisions of these regulations for a lot in the zone in which such land is situated and having its principal frontage on a public street or public way. In a townhouse the lots may face on a common open space, provided that the plan of such a development is approved by the Planning Commission.

Lot, area of. The total area within the lot boundary lines of a zoning lot.

Lot, corner. Lot abutting two (2) or more streets at their intersections, where the interior angle of intersection does not exceed one hundred thirty-five (135) degrees.

Lot, depth of. Average distance between front street line and rear lot line.

Lot, double frontage. A lot other than a corner lot with a frontage on two (2) parallel or approximately parallel streets.

Lot, flag. A lot with access provided to the bulk of the lot by means of a narrow corridor. The corridor may be either a part of the lot or a private right-of-way leading to the lot.

Lot, front of. The side or sides of an interior or through lot which abuts a street, on a corner lot, the shortest side that abuts a street, or when sides abutting the streets are of equal length, the lot shall be considered to front on that street having the longest frontages within the same block.

Lot frontage, minimum; building line. The least permissible width of a lot, measured along the front building line.

Lot frontage, minimum; front street line. The least permissible width of a lot measured along the front street line.

Lot, interior. Any lot other than a corner lot, including a through lot.

Lot lines. Lines bounding a lot, as hereinafter described.

Lot line, front. Line running along the front of the lot and separating it from the street. In these regulations, the front lot line is called the "front street line." In a "through lot," both lines abutting the streets are deemed "front street lines."

Lot line, rear. The lot line generally opposite or parallel to the front street line, except a "through lot." If a rear lot line is less than ten (10) feet long or the lot comes to a point at the rear, said rear lot line is assumed to be a line at least ten (10) feet long, lying wholly within the lot, parallel to the front street line or, if the front street line is curved, parallel to the chord of the arc of said front street line.

Lot line, side. Any lot line other than a front street line or a rear lot line. A side lot line separating the lot from a street is a "side street line."

Lot, net area of. The total area included within the rear, side, and front street or proposed street lines. Net lot area is calculated by subtracting from the gross lot area:

(a)

Land to be utilized for alleys, public ways, or public lands;

(b)

Land to be utilized as a public or private street;

(c)

Area dedicated for public recreational purposes;

(d)

Fifty (50) percent of the area lying within the one hundred-year floodplain as defined in Article IV, Floodplain Management of this chapter.

Lot, of record. Land designated as a separate parcel on a subdivision plat recorded in Prince George's County.

Lot, through. An interior lot, fronting on two (2) parallel or approximately parallel streets.

Lot, zoning. A parcel of land abutting a dedicated street occupied or intended to be occupied by a main and/or accessory use or a main or accessory building, as a unit together with such open spaces as required by these Zoning Regulations. Unless the context clearly indicates the contrary, the term lot is used synonymously with zoning lot in this article and it may or may not coincide with a lot of record.

Mailing and shipping services. A commercial business which conducts the retail sale of stationery products, provides packaging and mail services (both U.S. Postal and private service), and provides mailboxes for lease. Printing, copying, and faxing may be an accessory use to this type of business.

Manufacturing, heavy. An establishment engaged in complex manufacturing, assembly, fabrication, packaging or other industrial processing of products primarily from extracted or raw materials or the bulk storage and handling of such products and materials that has the potential to produce noise, dust, glare, odors, or vibrations beyond its established property lines.

Manufacturing, light. The manufacturing, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and the incidental storage, sales, and distribution of such products, provided that all manufacturing activities are contained entirely within a building and noise, odor, smoke, heat, glare, and vibration resulting from the manufacturing activity are confined entirely within the building.

Marquee. A canopy or covering structure projecting from and attached to a building excluding porch coverings.

Master plan. The current approved local "Master Plan" for the physical development of a particular planning area, combination of planning areas, or parts of planning areas, as set forth in the Land Use Article, Title 3, Annotated Code of Maryland.

Mayor and City Council. The Mayor and City Council of Laurel, Maryland.

Medical or dental clinic. A facility operated by one (1) or more physicians, dentists, chiropractors or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis.

Medical campus. A tract of land, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of human diseases, mental health, pain injury, deformity, or physical condition, including, but not limited to, a general hospital, clinic, diagnostic center, treatment center, rehabilitation center, assisted living facility, extended care center, nursing home, ambulatory or intermediate care facility, professional or paramedical training centers, and/or outpatient laboratory.

Medical practitioner. A licensed physician, surgeon, dentist, osteopath, chiropractor, optometrist, podiatrist, or similar practitioner licensed by the State of Maryland.

Mobile home.

(a)

A one-unit portable structure which is:

(1)

Designed for conveyance upon streets;

(2)

Constructed upon a chassis for towing to the point of use;

(3)

Originally equipped to provide complete, permanent, year-round living facilities for one (1) family, including a kitchen, flush toilet, bath or shower, and sleeping area; and

(4)

Designed and constructed for connection to utilities and sanitary facilities.

(b)

The term does not include "camping trailer," "modular home," or "trailer." A "mobile home" shall not be considered a "one-family detached dwelling."

Modular home.

(a)

A detached "structure" which is:

(1)

Comprised of two (2) or more portable building sub-assemblies;

(2)

Originally equipped to provide complete, permanent, year-round living facilities for one (1) "family," including a kitchen, flush toilet, bath, or shower, and sleeping area;

(3)

Designed and constructed for connection to utilities and sanitary facilities.

(b)

A "modular home" shall be considered a "one-family detached dwelling."

Motel. See "hotel, motel, and inn."

Motor home. A motor vehicle that:

(a)

Is self-propelled; and

(b)

Is designed, constructed, and equipped primarily to provide temporary living quarters for recreational, camping or travel use.

Movie theater. A theater for showing movies or motion pictures that is open to the public.

Movie theater, cineplex. A complex or structure with multiple movie theaters in which each theater can show movies independent of others in the complex. This shall not include adult entertainment uses.

Multi-service center. A facility that provides temporary housing to homeless or transient person and also provides ancillary services including, but not limited to: Counseling, vocational training, and medical services. A multi-service center may also include recreational facilities, and shall only be constructed and/or operated upon government-owned property.

Nonconforming use. The use of any building, structure or land which is not in conformance with a requirement of the zone in which it is located (as it specifically applies to the use), provided that the requirement was adopted after the use was lawfully established. The term shall include any building, structure or land used in connection with a nonconforming use, regardless of whether the building, structure or land conforms to the physical requirements of the zone in which it is located.

Nursery and garden center. Any land or building, used for the display and sale of nursery stock and/or garden supplies grown or produced on the premises and for the incidental display or sale of nursery stock and garden supplies not grown or produced on the premises. A temporary wayside stand shall not be considered a nursery or garden center for purposes of this article.

Nursing home. Any rest home, convalescent home or home for the aged and any place devoted primarily to the maintenance and operation of facilities for the treatment and care of any persons suffering from illnesses, diseases, deformities or injuries, not requiring extensive or intensive care that is normally provided in a general hospital or other specialized hospital, but who do require care in excess of room and board and who need medical, nursing, convalescent or chronic care, but excludes facilities for the care of mentally handicapped or addicted patients.

Office, business. An establishment for the operation of a business which may provide direct services to consumers, such as, but not limited to insurance agencies, title insurance companies, and real estate offices, but not including medical offices, or offices that are incidental and accessory to another business or sales activity that is the principal use.

Office, professional. The office of a member of a recognized profession maintained for the conduct of the profession. A profession is a vocation, calling, occupation, or employment requiring training, and a required license or certification by a state or recognized organization for any such profession as a prerequisite to the operation of the profession.

Office, wholesale and/or showrooms. A facility which has the combined use of office and showroom or warehouse for the primary purpose of wholesale trade, display and distribution of products.

Out lot. A parcel of land which has not been included on a recorded plat as a numbered lot, due to insufficient size or frontage, poor topography, lack of accessibility or other comparable reasons. No building or structure shall be constructed on an out lot so long as such conditions continue to exist.

Parking lot. An open, hard-surfaced area, other than street or public way, to be used for the parking, for limited periods of time, of operable passenger automobiles and commercial vehicles, and available to the public, whether for compensation, free, or as an accommodation to clients, customers, or employees.

Parking structure. A structure designed to accommodate vehicular parking spaces that are fully or partially enclosed. This definition includes parking garages, deck parking, and underground or under-building parking areas.

Pawnshop. An establishment that engages, in whole or in part, in the business of loaning money on the security of pledges of personal property, or deposits or conditional sales of personal property, or the purchase or sale of personal property.

Percentage of lot coverage. The permissible percentage of "lot area" which may be covered by buildings, including covered porches and accessory buildings. See "ground area of building."

Performance standard. A criterion established to control the dust, smoke, fire and explosive hazards, glare and heat, noise, odor, toxic and nontoxic matter, vibrations and other conditions created by or inherent in uses of land or buildings. (See Section 20-9.12.)

Person. Any individual, corporation, association, firm, partnership, trust and the like, singular or plural; or any other legal entity, including his or its representatives or agents.

Personal care facility for the elderly or physically handicapped. (Also known as "assisted living facility," "domiciliary care home," "board and care home," "rest home.") A building or group of buildings with the same description as a "congregate living facility" for the elderly or physically handicapped as defined elsewhere in this article, with the addition of light nursing care and a full-time, skilled staff providing personal assistance with activities of daily living to the residents.

Personal care services. Establishments providing non-medical services to individuals, such as tanning salons, beauty spas, cosmetology services, waxing services, acupuncture, massage, and other similar services. These uses may also include accessory retail sales of products related to the services provided.

Pervious surface. A surface that allows precipitation to infiltrate directly into the ground pursuant to Section 20-16.10 of the City of Laurel Unified Development Code and Section 18-166.2 of the Laurel City Code.

Pet shop. An establishment which offers to sell two (2) or more species of live animals as pets. The term does not include commercial establishments which sell such pets merely on a secondary or incidental basis to a primary business activity.

Plex. A multifamily building comprised of four (4), five (5), or a maximum of six (6) dwelling units arranged one (1) above the other and/or side by side with an entrance directly from the exterior of the building.

Post office. A facility that contains a service area for mailing packages and letters as well as post office boxes, offices, vehicle storage areas and sorting and distribution facilities for mail.

Printing plant. A commercial printing operation involving a process involving printing, imprinting, reproducing, or duplicating images, and using printing methods including, but not limited to, offset printing, lithography, web offset, flexographic, and screen process printing.

Print shop/copy shop. An establishment in which the principal business consists of duplicating and printing service using photocopy, blueprint, or offset printing equipment, including publishing, binding, and engraving and other similar accessory uses. It may also include the retail sale of accessory items.

Private automobile and other motor vehicle auctions. An area used for the sale at auction on a recurring basis of motor vehicles, including, but not limited to, cars, trucks, vans, trailers, motorcycles, motor homes, and buses. Private vehicle auctions are venues for the sale of vehicles between state-licensed dealers, wholesalers, and/or state licensed dealers and the general public who are required to register as a bidder for the privilege of purchasing a vehicle. Auction sales may only be conducted by a state-licensed dealer or an auctioneer holding a valid state trader's license. Private vehicle auctions include businesses conducting on-site auctions and businesses auctioning vehicles through internet sites.

Private club. An incorporated or unincorporated association for civic, social, cultural, religious, literary, political, and recreational or like activities operated for the benefit of its members and not opens to the general public.

Professional offices. Rooms or buildings or both, used for office purposes by members of any recognized licensed profession, including doctors, dentists, lawyers, accountants, engineers, veterinarians, etc., but not including medical, dental or veterinarian clinics.

Psychic (see also fortune-telling business). Pertaining to predictions of the future based on intuitive or mental powers or supernatural influences and not statistical or otherwise empirical evidence.

Public amenity structure. A structure or device located on a public right-of-way or private property, designed, and located to serve the public interest and accommodation, which may include protection from the elements and conveniences in conjunction with such structure. Examples of public amenity structures include, but are not limited to, bus/transit shelters, kiosks, public telephones, water fountains, or other such structures.

Public utility facility, use, and structure. A facility which is owned by a governmental agency and is maintained and operated for use by the general public.

Public utility. Any person, firm, association, corporation, agency, or business, however organized, whether or not under the control of the State Public Services Commission, which provides or offers to provide services; such as water, sewerage, sewage treatment, electricity, communications, power, transportation to its members or to the public.

Quarry. Real property used for the purpose of extracting stone, sand, gravel, or topsoil for sale.

Recreation facility, commercial indoor. Any establishment whose main purpose is to provide the general public with an activity involving recreational entertainment, and where admission is charged for the activity. Activities in this category may include, but not be limited to, skating or roller rinks, escape rooms, rock climbing, water slides, miniature golf courses, batting cages, go-carts, arcades, bowling alleys, and billiard halls, but shall not include shooting ranges, movie theaters, or any uses involving adult entertainment. All such activities must be conducted entirely within an enclosed building.

Recreation facility, commercial outdoor. Any establishment whose main purpose is to provide the general public with an activity involving recreational entertainment and where admission is charged for the activity. Activities in this category may include, but not be limited to, skating or roller rinks, rock climbing, water slides, miniature golf courses, batting cages, go-carts, or amusement parks, but shall not include shooting ranges, movie theaters, or any uses involving adult entertainment. Certain activities accessory to the principal use may be conducted within an enclosed building, but the primary use shall be outdoors.

Recreational vehicle, "RV." See "motor home."

Recreational vehicle sales. A property used exclusively for the display and sale of new or used recreational vehicles. This use may include certain minor incidental repair of recreational vehicles that are displayed and sold on the premises but shall not include the storage of any dismantled or wrecked motor vehicles, parts thereof, or junk.

Regulations; these regulations. This article.

Rental hall. An establishment where a building, or areas within any building, is leased to individuals for private meetings, private banquets, business seminars, weddings, training classes, and other such similar functions, but which shall not include a restaurant or on-site kitchen facilities. A rental hall does not include a nightclub, dance club, social club holding a liquor license, or uses not listed herein, and aside from the fee to rent any such facility, no cover charge or admission fee shall be charged to individuals for entry into the rental hall for any activity.

Research institution. A noncommercial agency for scientific research or technical development including offices, libraries, laboratories, testing facilities and equipment incidental to such research or development.

Respite care. Short-term living assistance residence or facility, with temporary or occasional care of people who are sick, elderly, and children with disabilities, behavioral and/ or medical issues to provide relief for their families or other primary caregivers.

Restaurant, carryout. An establishment which provides as a principal use the sale of foods or beverages in a ready-to-consume state, for consumption off the premises. Any such use shall not include any seating within the structure in which the restaurant prepares its food and serves its customers.

Restaurant, drive-in. An establishment used for the preparation and sale of food products intended for ready consumption outside the building. The products are generally packaged in paper or served in other types of disposable plates, wrappers, or containers, and exclusively served to patrons remaining in their motor vehicles.

Restaurant, fast food. Establishments where most customers order and are served their food at a counter or in a motor vehicle in packages prepared to leave the premises, or able to be taken to a table or counter to be consumed.

Restaurant/nightclub. A standard restaurant that in addition to food service, offers facilities for dancing and live or recorded entertainment. The use shall not contain any uses, which could be considered adult entertainment establishments, as defined within this chapter. The use may offer dancing and live entertainment, subject to any criteria contained within the article. This use does not include establishments that have entertainment that consists of the performance of a piano player, jukebox, or live artist, or similar form, in which no dancing is permitted.

Restaurant, specialty. Establishments whose primary business is the sale of a single specialty type of food or nonalcoholic beverage that is not considered a complete meal. The sale of other food, beverages, or merchandise is incidental to the sale of the specialty food or nonalcoholic beverage. Examples of a specialty restaurant include, but are not limited to, ice cream shop, coffee shop, baked goods cafe, delicatessen.

Restaurant, standard. An establishment whose principal business is the preparation on premises in a commercial kitchen and sale of foods or beverages to customers in a ready-to-consume state. Carry-out foods or beverages may constitute not more than thirty (30) percent of the business. A standard restaurant has a design or principal method of operation which includes:

(a)

No less than ten (10) seats, located at a counter or a table, at which the patrons consume their food.

(b)

May include outdoor seating, which does not count towards the minimum seating requirements.

Retail or service establishment, drive in. Any form of merchandising, servicing or dispensing of goods in which the customer is serviced while sitting in their automobile, or consumes within a parked vehicle on the same lot the goods or service which was purchased, or awaits at the site for the immediate servicing of a vehicle. This definition shall not include drive-in, or carryout, restaurants as defined in this article.

Retail sales establishment, specialty. Retail operations that specialize in one (1) type or line of merchandise. Such stores may include but are not limited to appliance stores, apparel stores, jewelry stores, bookstores, shoe stores, pet supply stores (which shall not include the retail sale of animals, or the overnight boarding of animals, training or grooming of animals), florists or plant shops, tobacco shops, stationary stores, antique, beer and wine stores, and similar establishments.

Retail sales establishment, specialty, auto parts store. A retail sales establishment that is limited to the sale of automotive parts and accessories. This may include minor installation and repairs, such as windshield wipers, headlights and taillights, and other such minor items.

Retail sales establishment, specialty, gun shop. Any business which engages in the sale, repair, or customizing of firearms, ammunition and firearms accessories, including handguns, rifles and shotguns, as those terms are defined in Article 27, Section 36F of the Annotated Code of Maryland.

Retail sales establishment, specialty, electronic cigarette shop. A retail store where the primary "use" is the retail sale of electronic cigarettes, or any electronic device that can be used to deliver nicotine or other legal substance to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe, any cartridge or other component of the device, or any related electronic cigarette product.

Retail sales establishment, specialty, tobacco shop. A retail store where the primary "use " is the retail sale of, for off-site consumption, tobacco products, tobacco smoking accessories, and related tobacco items. This does not include a smoking lounge.

Retail sales with smoking lounge. A business establishment that may include in part, the smoking of tobacco products, electronic cigarettes, hookah/shisha including, but not limited to, establishments known variously as cigar lounges, hookah lounges, tobacco clubs, tobacco bars, etc. (collectively referred to as smoking lounge(s). Smoking lounges shall include the retail sale of tobacco products, smoking accessories, and related items as an accessory use to the smoking lounge. The sale or consumption of cannabis on the premises is prohibited. Smoking must take place completely indoors at the establishment.

Retail sales yard. An establishment where lumber and other building materials such as brick, tile, cement, insulation, roofing materials, and the like are stored and sold at retail. Retail sales yards may also provide for the sale of associated products including tools and fasteners. This use does not allow for any manufacturing, fabrication, or processing of any building materials.

Revitalization overlay area. A designation signifying that property placed within an overlay area may choose an alternate form of development, which involves meeting, the objectives, and intent of revitalization project guidelines, which may result in increased density, types of uses, or other considerations in exchange for compliance with the guidelines and the amenities stated within this article.

Road. Includes street, highway, avenue, lane, marginal access street, service drive, alley, bridge, viaduct, or any segment thereof.

Roof. A permanent covering of a structure which serves to shield a space from sun, wind, rain and other elements, and which when combined with walls can enclose a specific space in such a way that the internal environment of such space can be heated, cooled and otherwise controlled independently of the exterior environment. This definition shall exclude canopies, simple "rain covers" or "sun screens" which have no insulatory properties, which are not designed to be joined with walls for enclosure of a space, and which are removable without substantially impairing the original structure.

Roofline. That part of the roof or parapet which covers the major portion of the building.

Roomer. A person other than a member of a family as defined in this section, who rents one (1) or more rooms in a dwelling from the resident family.

Rooming or boarding house. Dwelling in which, for compensation, lodging, and meals are furnished to four (4) or more, but not exceeding nine (9) guests. Such dwelling shall contain no more than five (5) guest rooms. A rooming or boarding house shall not be deemed a home occupation. No services or personal care shall be offered. No dependency on personal or household assistance for the occupants shall be created or endorsed by the property owner or his/her agent.

Sanitary landfill. A planned and systematic method of disposal wherein garbage, trash, refuse, dead animals, waste material, junk, discarded machinery, vehicles or parts thereof, (excluding sewage or animal waste or radioactive waste), are placed in the earth in layers, then compacted and covered with earth or other approved covering material.

Satellite earth station antenna. A device that has a solid, open mesh, or bar-configured reflective surface, which is dish-shaped, parabolic or spherical in shape, which is designed to transmit or receive electromagnetic radiation to or from an orbital or terrestrial station or transmitter. This definition is intended to include devices known as satellite dish antennas, direct satellite service antennas, direct broadcast satellite antennas, as well as antennas designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, but only if such devices have the physical characteristics provided in the first sentence of this definition.

Sector plan. A comprehensive plan for the physical development of a portion of a planning area or planning areas, showing in detail such planning features as type, density and intensity of land uses, pedestrian traffic features, public facilities (parking structures, public open space, rapid transit station, community service provisions, and the like), and relationship of the various uses to transportation, services, and amenities within the area of the sector plan and, where appropriate, to other areas. The sector plan may include maps, graphics, and text and is designated as the sector plan for the area which it encompasses. It may be approved either as part of a new master plan or as an amendment to an existing master plan.

Self-service storage facility. A building or group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for storage.

Senior and handicapped persons.

(a)

Persons who are sixty-two (62) years of age or over.

(b)

Married couples where either the husband or wife is sixty-two (62) years of age or older (and there are no children residing with them except handicapped children of any age).

(c)

Handicapped persons under sixty-two (62) years of age, if determined to have physical impairments which: (1) are expected to be of long, continued and indefinite duration; (2) substantially impede the ability to live independently; and (3) are of such a nature that the ability to live independently could be improved by more suitable housing conditions.

Service organizations. Any nonprofit organization the services of which are devoted entirely to the betterment or improvement of the community in which it is located, including Lions, Kiwanis, Rotary, Optimists, Civitans, LARS, Elizabeth House, and like organizations. Childcare residences, organizations for the treatment of alcoholics, drug addicts, medical clinics, hospitals, care, or nursing homes shall not be deemed service organizations.

Shooting range, indoor. The use of a structure for archery and/or the discharging of firearms for the purposes of target practice or competitions. The use shall provide sound insulation to prevent any noise from being heard outside the premises.

Shopping center. A group of commercial establishments planned, developed and managed as a unit with off-street parking provided on the property and related in location, size, and type of shops to the trade area that the unit serves.

(a)

Neighborhood shopping center. A shopping center ranging in size from twenty thousand (20,000) square feet to one hundred thousand (100,000) square feet of gross leasable area. A neighborhood shopping center must contain a minimum of two (2) retail commercial uses if under fifty thousand (50,000) square feet of gross leasable area and three (3) retail commercial uses if over fifty thousand (50,000) square feet of gross leasable area.

(b)

Community shopping center. A shopping center ranging in size from one hundred thousand (100,000) square feet of gross leasable area to four hundred thousand (400,000) square feet of gross leasable area and containing a minimum of three (3) different retail commercial uses.

(c)

Regional shopping center. A shopping center in excess of four hundred thousand (400,000) square feet of gross leasable area and containing a minimum of three (3) different retail commercial uses.

Sign. Any structure, part thereof, including supporting structure or device attached thereto or painted or represented thereon or any material or thing, illuminated or otherwise, which displays or includes any numeral, letter, word, model, banner, emblem, insignia, device, trademark, or other representation used as, or in the nature of, an announcement, advertisement, direction, or designation of any person, firm, group, organization, place, commodity, product, service, business profession, enterprise, or industry which is located upon any land, or any building, in or upon a window, or indoors in such a manner as to attract attention from outside the building. The flag, emblem, insignia, or other such display of a nation, political unit, educational, charitable, religious or similar group, campaign, drive, or event, shall not be included within the meaning of this definition.

Sign, area, or surface area, of. The entire face of a sign, including the advertising surface and any framing, trim or molding, but not including the supporting structure. The calculation for a double-faced sign shall be the area of one (1) face only.

Sign, banner. A temporary sign composed of lightweight material enclosed or not enclosed in a rigid frame, secured or mounted so as to allow movement of the sign, caused by movement of the atmosphere.

Sign, billboard. A sign which directs attention to a business, commodity, service, entertainment or other activity, conducted, sold, or offered elsewhere than on the premises upon which the sign is located; also a sign or billboard advertising the sale, lease, rental, or designation of real estate located elsewhere than the premises upon which such sign is located.

Sign, business. A sign which directs attention to a business, commodity, service or other activity conducted upon the premises upon which the sign is located.

Sign, directional. Signs limited to providing directions necessary or convenient for visitors or clients coming onto a premises including signs marking entrances and exits, parking areas, loading zones, or circulation direction, not including signs pertaining to real estate.

Sign, flat wall. A sign affixed directly to the exterior wall or screening surface and confined within the limits thereof and which projects from that surface less than twelve (12) inches at all points.

Sign, freestanding. A ground supported sign which is erected on or mounted upon its own self-supporting permanent structure, detached from the supporting elements of the main building which it identifies.

(a)

Pole-mounted freestanding signs. Signs supported by visible uprights, braces, or posts.

(b)

Monument or ground supported freestanding signs. Signs that are not pole-mounted but which are supported upon the ground, or mounted on a ground-oriented structure, or which wholly encase the supporting structure in a solid and decorative manner. Such signs shall not exceed a height of ten (10) feet.

Sign, height. The difference in height between the elevation of the established or proposed grade level beneath the sign and the elevation of the uppermost extremity of the sign structure.

Sign, incidental. Nameplate or sign designating accessory use, such as doctor's office, home occupation, or similar use, or advertising exclusively the sale of farm products grown or produced on the premises.

Sign, marquee. A sign attached to or made a part of a marquee.

Sign, outdoor advertising. See "billboard."

Sign, price. A permanently mounted sign displaying the retail cost of a gallon of gasoline on the premises of an automobile service station or an automobile filling station.

Sign, projecting. A sign other than a wall sign, which projects from and is supported by a wall of a building or structure.

Sign, real estate. Sign advertising exclusively the sale, lease, rental, or development of the premises upon which it stands or directing attention to the opening and location of a new subdivision, neighborhood, or community.

Sign, temporary. A banner, pennant, poster, or advertising display constructed of cloth, canvas, plastic sheet, cardboard, wallboard, or other like materials and intended to be displayed for a limited period of time.

Sign, window. A sign installed inside or painted upon a window for purposes of viewing from outside the premises. This term does not include merchandise located in a window.

Small wind energy system. A wind energy conversion system consisting of a wind turbine (rotor, blades, generator, alternator, tail), a tower, and associated control or conversion electronics, and which is intended to primarily reduce on-site consumption of utility power.

Specialty schools. A school established and operated to provide for the teaching of certain specific industrial, clerical, managerial, artistic, trade, or other specific skills, but which shall not include a complete educational curriculum.

Specialty store. A retail business that offers a particular type or category of merchandise for sale. Examples include, but are not limited to, stores specializing in bicycles, books, cards, electronics, fabrics, hobbies, house wares, luggage, musical instruments, news publications, sewing machines, stationary, and works of art.

Storage building. Tool house, shed or other similar building used for the storage of domestic supplies.

Storage, commercial. The storage of goods or materials for sale in a business located on the premises.

Story. That portion of a building between the surface of any floor and the surface of the floor next above or, if there be no floor above, the space between such floor and the ceiling next above. No story shall be deemed to be a first story, if its floor level is more than five (5) feet above the average level of the finished ground surface adjacent to the exterior walls of such story or, if it is used for business or dwelling purposes. A mezzanine floor shall be counted as a story, if it covers over one-third (⅓) of the area of the floor next below or if the vertical distance between the floor next below and the floor next above is twenty (20) feet or more.

Story, half. A story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two (2) feet above the floor of such story.

Street. A public or dedicated way thirty (30) feet or more in width or a private right-of-way or easement or a proposed right-of-way widening or extension of an existing street or public way shown on any plan approved by the Commission.

Street, centerline of. A line established as a centerline of a street by a state, county or other official agency or governing body having jurisdiction thereof and shown as such on an officially adopted or legally recorded map or, if there be no official centerline established or there exists conflict among several maps, the centerline of a street shall be a line lying midway between the street or right-of-way lines thereof. When the street lines are indeterminate and pavement or a well-defined traveled way exists, the centerline is assumed to be a line midway between the edges of such pavement or traveled way.

Street frontage. Any part of a lot which abuts a public street, road, highway, rural right-of-way or other public way for vehicles, including widening or extension, whether existing or proposed.

Street line. A line defining the edge of a street right-of-way and separating the street from abutting property or lots or a proposed street line shown on any plan approved by the Planning Commission. If on a Master Plan of Streets and Highways duly adopted by the Commission, a street is scheduled for future widening, the proposed right-of-way line shown on the Master Plan shall be the street line.

Street width. The shortest horizontal distance between street lines, measured across the street right-of-way at right angles to the centerline of the street.

Strip development. Commercial development characterized by buildings attached to one another, organized around a common surface parking lot between the building entrance and the street and immediately adjacent to an arterial street.

Structure. An assembly of materials forming a construction for occupancy or use including, among other, buildings, stadiums, tents, reviewing stands, platforms, staging, observation towers, radio and television broadcasting towers, water tanks, trestles, piers, wharves, open sheds, coal bins, shelters, fences, walls, freestanding signs, power line towers, pipelines, railroad tracks, poles, public amenity structures, and awnings.

Swimming pool. An open tank or other structure not located within a completely enclosed building designated so as to contain a depth of at least three (3) feet of water at any point, including the lounging and spectator areas and any accessory buildings, structures or equipment.

Swimming pool, multifamily, accessory. A swimming pool and/or wading pool, including buildings necessary or incidental thereto, maintained and operated by the management of any multifamily development, in any multifamily zone or in any multifamily development in a planned residential unit, whether or not a fee is charged; or maintained and operated by the management of a hotel, motel, or inn for the use of patrons thereof; or by any industry for exclusive use of employees of such industry; or in conjunction with the bona fide country club for exclusive use of members of such club and their guests (see also, "swimming pool, private").

Swimming pool, private. A swimming pool and/or wading pool, including buildings necessary or incidental thereto, owned and maintained by an individual for the sole use of the owner(s) and guests of the owner(s), without charge for admission, and not for the purpose of profit or in connection with any business operated for profit, located on a lot as an accessory use to a residence.

Swimming pool, private (commercial). A swimming pool and/or wading pool, including buildings necessary or incidental thereto operated for profit but with limitations upon the number of members, with membership limited to annual or seasonal dues paying members, excluding payors of hourly or daily fees except as guests of members, for the exclusive use of members and their guests.

Swimming pool, public. A swimming pool and/or wading pool, including buildings necessary or incidental thereto, maintained and operated by the municipality or other unit of government for the general public, whether or not an admission fee is charged.

Tapas. A wide variety of appetizers, or snacks that may be served cold or hot.

Tattoo parlor/body-piercing studio. An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one (1) or more of the following: (1) placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin; (2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.

Telephone exchange. A building used exclusively for the transmission and exchange of telephone messages, but the term does not include wireless service towers.

Telephone office or communications center. A building owned and wholly occupied by a telephone or communications company regulated by the public services commission containing primarily electromechanical or electronic switching equipment, including such accessory uses as testing, assignment and repair service, operator facilities and supervisors' offices; provided, that all equipment shall be completely enclosed within the building.

Temporary outdoor sales facility. Temporary outdoor retail operations, including farmer's markets; seasonal sales of Christmas trees, pumpkins, plants, or other seasonal items.

Theater, indoor. A building designed or used primarily for the commercial exhibition of motion pictures to the general public.

Theater. A building or structures designed and used for plays, acts, dramas, or histrionics by actors and actresses performing upon a stage, and shall not include the showing or exhibition of motion pictures if such exhibition is held without charge or if a charge is made, the proceeds shall be donated to charity.

Theater, outdoor. An outdoor theater shall include only those areas, buildings, or structures designed and used for the commercial outdoor exhibition of motion pictures or the performing arts with open-air seating for audiences. Such establishments may include related services such as food and beverage sales and other concessions.

Tourist home. A single-family dwelling (one-family detached) where overnight lodging is provided for one (1) or more visitors with a maximum of six (6) visitors at one (1) time, for no more than thirty (30) consecutive days per calendar year. The tourist home use is accessory to the principal use as a main dwelling.

Town. The City of Laurel, Maryland.

Townhouse. One (1) of a group of single-family, attached dwelling units which are separated by approved masonry party walls which extend from the basement or cellar floor to or through the roof line along the dividing lot line. The party walls are to be constructed in accordance with the adopted Building Code of the City and no structural alterations may be made in the masonry party wall unless approved by the Chief Building Official of the City and upon issuance of a building permit. Each townhouse is to have separate front and rear or front and side entrances from the outside.

Trade service establishment. Shops and offices of carpentry, electrical, masonry, plumbing, heating, ventilating, air conditioning, painting, ornamental iron, roofing and sheet metal contractor, packing and crating, monument works, and offices for manufactured products.

Trailer, construction. A mobile home, travel trailer, or other structure used as a temporary construction field office in conjunction with and on the same property as a construction project. The construction trailer shall be removed within fifteen (15) days of completion of the construction project.

Trailer, business or office use. A permanent trailer used as a business or office space. Must be used in conjunction with another use.

Transit station. A building serving as a terminus or waystation for various modes of public transportation, where individuals can board and deboard the transportation mode(s) at said station, purchase tickets for the transportation mode, and which may include other accessory uses.

Truck terminal and distribution facility. A facility for the receipt of goods from trucks transporting said goods, the dispatching of the trucks, and overnight indoor storage of the trucks (for no more than two (2) consecutive nights).

Use. The principal purpose for which a lot, or the main building thereon, or both is designed, arranged, or intended and for which it may be used, occupied or maintained.

Use, accessory. Use of a building, lot, or portions thereof, which is customarily incidental and subordinate to the principal use of the main building or lot.

Use, conditional. An uncommon or infrequent use which may be permitted in specific zones subject to the compliance with certain standards and explicit conditions set forth in this article and the granting of a conditional use permit.

Use, main. The principal use of an activity conducted in a building, other structure or on the land.

Variety retail. A retail store that sells a wide variety of relatively small and inexpensive items.

Vehicle repair establishment. A facility for the repair, rebuilding, reconditioning, or replacement of engines for motor vehicles. This use may also provide collision services, including body, frame, or fender repair, state inspection stations, and overall painting for motor vehicles.

Vehicle sales and service, new. A property containing not less than four (4) acres, which includes all the facilities and services for the sale repair and maintenance of new vehicles, and which may include a body and paint shop. This use may also include the sale of used vehicles, but only as an accessory use and state inspection stations.

Vehicle sales and service, used. A property which includes all the facilities for the display and sale of used vehicles, as well as facilities limited to the repair and preparation of the used vehicles for sale, which may include a body and paint shop. May also include state inspection stations.

Vehicle service center. Property upon which the retail sale of motor vehicle parts, accessories, and lubricants is conducted. This use may include the installation of these items, but will not include repair of motor vehicles, or the wrecking, sale or storage of junked vehicles. All storage shall be within a wholly enclosed building. May also include state inspection stations.

Vehicle filling station, which may include service and/or repair. A property having pumps and storage tanks for the retail sale and dispensing of fuels, which may include the sale of accessory products for vehicles, and which may also include general vehicle service and repair as well as state inspection stations. This use shall not include auto wrecking or the storage of dismantled vehicles, wrecks or junks.

Video store. A retail establishment for the sale or rental of video games, recorders, players, tapes, discs, and accessories, or similar entertainment or amusement materials; provided, however, that the term "video store" for the purposes of this chapter shall not include an establishment having as its main use the sale or rental of tapes, discs, or other recorded materials which depict specified anatomical areas or specified sexual activities as those terms are defined in this section and shall expressly exclude "adult book stores," as defined in this section.

Warehouse. Facilities characterized by extensive storage of materials (indoor and/or outdoor), frequent heavy trucking activity in connection with the storage of materials in said warehouse, but not in manufacturing or production activity.

Wayside stand. A temporary structure designed, arranged or used for the display or sale of agricultural or other farm products.

(a)

If the stand is located on the property from which the produce is grown, then the use shall be accessory to the main use of that property provided the site has adequate parking and is determined by the Department of Economic and Community Development not to cause traffic problems.

(b)

If the stand is not located on the property from which the produce is grown, then the use shall require a temporary use permit from the Department of Economic and Community Development, and must meet all applicable building setback regulations, and must provide adequate parking.

Wholesale establishment. An establishment primarily engaged in the wholesale sale and/or distribution of merchandise to retailers; to industrial, commercial, institutional, or professional business users; or to other wholesalers. This is not considered a general commercial use.

Winery. A processing facility used for the fermenting and processing of fruit or fruit juice into wine, and/or the re-fermenting of still wine into sparkling wine. Processing includes all steps in the winemaking process, including, without limitation, crushing, fermenting, blending, aging, storage, warehousing, bottling, wholesale and retail sales and administrative office functions for the use. This use shall also include cider and other similar alcoholic products (beer and liquor excluded).

Winery, boutique. A small-scale wine processing facility that produces one hundred (100) to five thousand (5,000) cases of wine, sparkling wine, or cider (alcoholic or nonalcoholic) per year. The area used for fermenting, blending, crushing, aging, warehousing, and bottling shall not exceed twenty (20) percent of the gross floor area of the leased or owned commercial space. At least fifty (50) percent of the commercial space shall be dedicated to areas for wine product tastings and licensed commercial sales of the wine/cider products that are made on or off site.

Wireless telecommunications facility. A facility at a fixed location consisting of a base station, any accessory equipment, and the structure, if any, associated with the base station.

Yard. Open space on the same lot with a building or group of buildings, lying between the building (or outer building of a group), and the nearest lot or street line, and unoccupied and unobstructed from the ground upward, except as provided in this article.

Yard, front. Open space extending across the full width of lot between the front lot line, or the proposed front street line and nearest line of the building or any enclosed portion thereof. The depth of such yard shall be the shortest horizontal distance between the front lot line or proposed front street line and the nearest point of the building or any enclosed portion thereof.

Yard, rear. Open space extending across the full width of lot between the rear line of the lot and the nearest line of the building, porch, or projection thereof. The depth of such yard is the shortest horizontal distance between the rear lot line and the nearest point of the building. When the rear lot line is less than ten (10) feet long or if the lot comes to a point in the rear, the depth of rear yard is measured to an assumed rear lot line, as defined under "lot line, rear."

Yard, required. The minimum yard required between a lot line and building line or the line of any parking area or any other use requiring a yard in order to comply with the Zoning Regulations of the zone in which the zoning lot is located. A required yard shall be open and unobstructed from the ground upward except for projections on buildings as permitted in this article and except for walks, landscaping and other yard or site features.

Yard, side. Open space between side lot line, the side street line, or the proposed side street line, if such line falls within the lot, and the nearest line of the building, porch, or projection thereof, extending from the front yard to the rear yard, or, in the absence of either of such yards, to the front lot line or rear lot line. The width of a side yard shall be the shortest distance between the side lot line and the nearest point of the building, porch, or projection thereof.

Youth enrichment program. Youth-oriented programs sponsored by a not-for-profit organization designed for youth participation with parental supervision, which may include tutoring and mentoring, after school programs, educational classes, recreational programs, day trips, and camps.

Zero lot line development. Development of a tract of land which combines construction of single-family detached homes on lots which are smaller than otherwise provided for in the specific zone, with the additional lot area that would otherwise be provided in that zone being transferred to a common area; and with the placement of a dwelling unit on a lot so that it may directly abut a lot line.

Zone. Area within which certain uses of land and building are permitted and certain others are prohibited; yards and other open spaces are required; lot areas, building height limits, and other requirements are established; all of the foregoing being identical for the zone in which they apply.

Zoning map. The "Zoning Map of the City of Laurel, Maryland," together with all amendments thereto subsequently adopted.

(Ord. No. 1720, 7-25-2011; Ord. No. 1744, 7-23-2012; Ord. No. 1805, 7-28-2014; Ord. No. 1844, 4-27-2015; Ord. No. 1861, 2-8-2016; Ord. No. 1877, 9-26-2016; Ord. No. 1912, 4-24-2017; Ord. No. 1941, 4-22-2019; Ord. No. 1942, 4-22-2019; Ord. No. 1944, 7-8-2019; Ord. No. 1945, 7-8-2019; Ord. No. 1960, 10-26-2020; Ord. No. 1966, 1-25-2021; Ord. No. 1974, 6-28-2021; Ord. No. 1987, 10-25-2021; Ord. No. 1999, 9-26-2022; Ord. No. 2012, 10-23-2023; Ord. No. 2016, 9-25-2023; Ord. No. 2024, 4-22-2024)

For the purpose of these regulations, the City is hereby divided into classes of zones which are established as follows:

The location and boundaries of zones established in the City shall be shown on a set of maps, entitled "Zoning Map of the City of Laurel." These maps shall be dated and may be amended subsequent to the adoption thereof. Such maps, sections, or portion thereof, together with all notations, dimensions, designations, references, and other data shown thereon, are hereby made a part of these regulations to the same extent as if the information set forth hereon were fully described and incorporated herein.

Where uncertainty exists as to the boundaries of any of the zones established by this article as shown on the Zoning Map, the following rules shall apply:

(a)

Zone boundary lines are intended to follow street, alley or lot lines, or lines parallel or perpendicular thereto, unless such zone boundary lines are fixed by dimensions, as shown on the Zoning Map.

(b)

Where zone boundaries are indicated as approximately following street or alley lines or proposed street or alley lines, such lines shall be construed to be such boundaries.

(c)

Where zone boundaries are so indicated that they approximately follow lot lines and are not more than ten (10) feet distant therefrom, such lot lines shall be such boundaries.

(d)

In unsubdivided property or where a zone boundary divides a lot, the location of any such boundary, unless it is indicated by dimensions shown on the Zoning Map, shall be determined by the use of the map scale shown thereon, and scaled to the nearest foot.

(e)

If all or any portion of any public street, alley, right-of-way, easement, or land which is not included in any zone shall ever revert to or come into private ownership or shall ever be used for any purpose other than a public purpose, at such time the land and any buildings or other structures which are included within such public street, alley, right-of-way, easement, or land or portion thereof shall be subject to all of these regulations which apply within the zone immediately adjacent thereto or within the most restricted of the immediately adjacent zones, if there be more than one (1).

(a)

Whenever there shall be introduced by the City Council a resolution in accordance with the provisions and authority of the Local Government Article of the Annotated Code of Maryland, as amended from time to time.

(Ord. No. 1987, 10-25-2021)

Generally. In interpreting and applying the provisions of this article, the requirements contained herein are declared to be the minimum requirements for the protection of the health, safety, and welfare of the inhabitants of the City of Laurel. This article shall not be deemed to interfere with, abrogate, annul, or otherwise affect in any manner whatsoever any easements, covenants or other agreements between parties, provided, that where this article imposes a greater restriction upon the use of buildings or land or upon the bulk regulations of buildings than are imposed or required by other ordinances, rules, regulations, or permits, or by easements, covenants, or agreements, the provisions of this article shall prevail. Except as hereinafter provided, the following general regulations shall apply:

(a)

Uses.

(1)

No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land, building or structure be used, designed or arranged for use for any purpose or in any manner not included among the uses hereinafter listed as permitted, in the zone in which such building, structure, or land is located.

(2)

Every building hereafter erected shall be located on a lot as herein defined; and, except as herein provided, there shall be no more than one (1) single-family detached, semi-detached, or townhouse dwelling on one (1) lot.

(3)

A dwelling of any type erected, altered or maintained as such in a zone that does not permit such dwellings shall comply with the regulations governing the use, area, building height, yard, and other requirements of the most restrictive zone where such dwelling or use is normally permitted.

(4)

Any use which is found by the Board of Appeals to be a public nuisance, by reason of the emission of dust, fumes, gas, smoke, odor, noise, vibration, or other disturbance, is expressly prohibited. No such finding shall be made by the Board of Appeals except after a hearing upon reasonable notice, and any person, City Staff, the Planning Commission, or the Mayor and City Council may file a petition with the Board for such hearing.

(5)

No use shall be permitted or allowed unless such use is expressly allowed in the appropriate zone herein. Any use that is not mentioned or provided for in any particular zone is expressly prohibited.

(b)

Height. No building shall be erected, reconstructed, or structurally altered to exceed in height the limit hereinafter designated for the zone in which such building is located, except as otherwise specifically provided.

(c)

Area.

(1)

No building or structure shall be erected; nor shall any existing building or structure be altered, enlarged or rebuilt; nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity with the yard, lot, area, and building location regulations hereinafter designated for the zone in which such building or open space is located except as otherwise specifically provided.

(2)

No yard or other open space provided about any building, for the purpose of complying with the provisions of these regulations, shall be considered as a yard or open space for any other building; and no yard or other open space on one (1) lot shall be considered as a yard or open space for a building on any other lot.

(3)

All yards and courts required by these regulations shall be open and unobstructed to the sky, except as hereinafter provided.

(4)

In the case of a condominium or common ownership type development where there are not defined lot lines, the area, setback, and yard requirements of this article shall be followed, except as provided for in this article.

(d)

Proposed buildings within planned highways and transit routes. From and after the adoption by the Mayor and City Council of any Master Plan or General Plan, no permit shall be issued for any structure or part of a structure on any part of the land within the planned acquisition lines of a proposed new highway, street, or rapid transit route or facility or a proposed relocation or widening of any existing highway, street, or rapid transit route or facility; provided, however, that the Mayor and City Council shall have the power, upon appeal filed with it by the owner of any such land, to grant a permit for a structure or part of a structure in such planned acquisition lines in any case in which the Mayor and City Council finds:

(1)

That, balancing the interest of the City and preserving the integrity of the Master Plan, and any other local plans and the interest of the owner of the property and the use of his property and the benefits of the ownership thereof, the grant of such a permit is required by the consideration of reasonable justice and equity. Before taking any action on any such appeal, the Mayor and City Council shall conduct a public hearing. At least fifteen (15) days' notice of the time and place of such hearing shall be given to the applicant at the address specified by the applicant in his appeal petition and shall be published at least once in a newspaper of general circulation in the City. In the event that the Mayor and City Council grants a building permit on any such appeals, it shall specify the exact location, ground area, height, and other details as to the extent and character of the structure or part of a structure for which the permit is granted and may impose reasonable requirements as conditions of granting such permit, which requirements shall inure to the benefit of the City.

(2)

That the proposed roadway is not in any construction plans in the State, County, or City for at least five (5) years.

(e)

Garage sales, auctions, lawn sales. In any residential zone, private, noncommercial sales commonly known as "yard sales," "lawn sales," "garage sales," etc., may be permitted provided that:

(1)

A permit is obtained from the Department of Economic and Community Development; such permit being issued for a period of time not exceeding thirty-six (36) hours.

(2)

Not more than two (2) such sales may be held on any given lot within one (1) calendar year.

(3)

Such sale shall not constitute a nuisance because of traffic, noise, number of customers, or resulting trash.

(4)

A permit must be obtained for any sign advertising the event in accordance with the provisions of Division 7, Signs and Advertising Structures of this article, provided that such sign:

a.

Is no larger than three (3) square feet. Except as provided for in subsection e. below, only one (1) such sign shall be permitted on the lot.

b.

Is placed only on the property where the event is to be held.

c.

Will not create a hazard to traffic.

d.

Is subject to all the regulations set forth in Division 7, Signs and Advertising Structures, of this article.

e.

Two (2) such signs may be permitted only on corner lots and no closer than twenty-five (25) feet from the intersection.

If a sign permit is not obtained or if the sign is displayed in a manner which does not follow the regulations set forth in Division 7, Signs and Advertising Structures, of this article, the permit for the sale itself may be revoked.

(f)

Christmas tree sales, temporary use. Sale of Christmas trees or other decorative plant materials is permitted between November 1 and January 1, provided; an application for a temporary use permit has been filed with the Department of Economic and Community Development, the site has adequate off-street parking, and it is determined by the Department of Economic and Community development that such a use would not cause traffic or safety problems. Christmas tree sales shall be permitted in all residential zones provided it is setback a minimum of one hundred (100) feet from the nearest residence.

(g)

Lots recorded prior to adoption of this article. Any lot, as defined herein, which was legally recorded prior to January 1, 1990, and which was a buildable lot under the Zoning Regulations in effect immediately prior to that date, shall be deemed a buildable lot, without the necessity of a variance pursuant to this article, for the erection of a one-family dwelling only, even though it may have less than the minimum area requirements for any residential zone. Nothing in this article shall be construed to reduce the buildable width of any such lot to less than its buildable width under the Zoning Regulations in effect immediately prior to the adoption. The provisions of this subsection shall only be applicable to zones in which one-family dwellings are allowed pursuant to the provisions of this article, and shall not be applicable to any other zones.

(h)

Building permits issued prior to adoption of this article.

(1)

Where construction has been begun pursuant to a building permit validly issued more than six (6) months prior to the adoption of this article, it may be completed thereunder without regard to this article as long as the Zoning Regulations in effect at the time the permit was issued are complied with.

(2)

Where a building permit has been validly issued within six (6) months immediately prior to the adoption of this article, construction may be completed thereunder without regard to this article so long as the Zoning Regulations in effect at the time the permit was issued are complied with, and so long as construction is begun or has been begun on or before six (6) months after adoption.

(3)

For the purposes of this section, construction will be deemed to have been begun when all necessary excavation and piers or footings of one (1) or more buildings covered by the permit have been completed.

(4)

The provisions of the Building Code of the City of Laurel shall apply to any building permit to which this section applies, so that any such permit shall become invalid if the authorized work is suspended, the work does not commence six (6) months from date of issuance, or the work abandoned for a period of six (6) months after the time of commencing the work.

(5)

The provisions of such Building Code shall apply to any building permit to which this section applies; provided, that any amendments proposed or made under the Building Code do not increase the number of dwelling units or occupancy units to be located on the site.

(i)

Plats approved prior to adoption of this article. Any final subdivision plat which was approved prior to July 1, 1990 and any lot shown thereon shall be deemed a buildable lot even though it may contain less than the minimum area requirements for any residential zone; provided, that the plat was recorded by July 1, 1990.

(j)

Public facilities. Unless otherwise specified in this article, in order to provide proper regulations for governmental, civic, welfare and recreational facilities in proper locations and extent so as to promote the general safety, convenience, comfort and welfare to protect such public and semipublic facilities and institutions from the encroachment of certain other uses and to make such uses compatible with adjoining residential uses and to provide an environment for the proper functioning of public facilities in relation to the Master Plan and other plans for community facilities the following regulations shall apply to public facilities:

(1)

Area regulations. The area or parcel of land for a permitted public facility shall be not less than required to provide a site adequate for the main and accessory buildings, off-street parking and the accessory uses, yards and open spaces to accommodate the facility and maintain the character of the neighborhood. The area or parcel of land for a permitted public facility shall be approved by the Planning Commission.

(2)

Yard regulations.

a.

Front yards. The front yard setback shall be not less than the required front yard setback for any adjacent zone.

b.

Side and rear yards. The yards for each public facility building shall be not less than the criteria set forth in the following schedule when adjacent to any one- or two-family residential district:

c.

Open uses. Driveways and parking areas serving the public facility may be located within the side or rear yard set forth in the above schedule, but driveways shall be located not less than ten (10) feet and parking areas not less than twenty (20) feet from any adjacent lot line, and play areas shall not be located less than fifty (50) feet from any adjacent boundary lines of a residential zone.

(3)

Height regulations.

a.

Public facilities may be erected to a height not exceeding the width of the side or rear yard where adjoining a one- and two-family residential zone or to a height not exceeding one and one-half (1½) times the width of a side or rear yard where adjoining a multifamily or nonresidential zone. In no case shall the structure exceed seventy-five (75) feet in height.

(4)

Lighting. Flood lighting or other lighting of athletic fields, buildings, bulletin boards and parking areas shall be located and designed so as to shield the light source from adjoining residences, and except for general lighting, shall be extinguished between the hours of 11:00 p.m. and 7:00 a.m. unless a permit has been applied for and approved in accordance with this chapter.

(5)

Signs. Signs on public facilities shall be designed, erected, altered, moved, and maintained in whole or in part, in accordance with the regulations as set forth in Division 7, Signs and Advertising Structures, of this article.

(6)

Approval.

a.

Development, site and other plans of proposed public buildings and land improvements shall be submitted along with maps, surveys, and other required information to the Planning Commission for review and a public hearing may be held thereon.

b.

After approval of the preliminary plan, final plans shall be prepared and submitted to the Planning Commission. A building permit shall not be issued until such plans are approved by the Planning Commission.

(7)

Definitions. For the purpose of this section, the following definitions may be utilized in determining public facilities:

(k)

Public amenity structures. Public amenity structures may be allowed on public rights-of-way and on private property, subject to all applicable provisions of this article, as well as applicable laws, ordinances and regulations.

(1)

Permits. No public amenity structure may be erected, structurally altered, or removed without first obtaining a permit from the department. The applicant for such permit shall submit plans and specifications for such public amenity structure as may be required by the department. All public amenity structures shall be erected and maintained in compliance with all applicable City codes and regulations, as well as all applicable laws and regulations of any other governmental agency, including, but not limited to, the Americans with Disabilities Act (ADA). No permits shall be issued on any right-of-way under the jurisdiction of the State of Maryland or Prince George's County without obtaining all required approvals of those governments.

(2)

Private property. Permits described in the subsection (1) above shall be required for all public amenity structures constructed on private property. In addition to compliance with all such permit requirements, the following conditions shall be complied with:

a.

An appropriate easement shall be obtained from the owner of the private property authorizing such use of the property, such easement to be approved by the City solicitor and to be recorded in the land records for Prince George's County prior to the issuance of a permit. All costs of obtaining and recording any such easement shall be borne by the applicant.

b.

If the private property is located within a designated historic district of the City, the approval of the City of Laurel Historic District Commission shall be required prior to the issuance of the permit.

(3)

Contracts. Any contract with any person or entity for the erection and maintenance of a public amenity structure shall be subject to the approval by the Mayor.

(4)

Appeals. Any interested party shall have the right to appeal to the City of Laurel Board of Appeals from any decision of the Planning Commission in regard to the plan or any amendment thereto, as well as from any decision by the department and/or the Historic District Commission. Any such appeal shall be in writing and shall be filed no later than thirty (30) days from the date of the action appealed from. The appellant shall pay any required appeal fee at the time of the filing of such appeal, and shall otherwise comply with any procedures of the Board of Appeals relating to appeals. No appeals shall be processed until such appeal fees have been paid and all such filing procedures have been complied with. All appeals to the Board of Appeals shall be de novo. The decisions of the Board of Appeals may be appealed to the Circuit Court for Prince George's County no later than thirty (30) days from the date of the written decision of the Board of Appeals. Such appeals shall be pursuant to the applicable Maryland Rules of Procedure.

(Ord. No. 1987, 10-25-2021)

(a)

Any applicant requesting any action by the City or any Board or Commission in the City under the Zoning Regulations or Subdivision Regulations, including rezoning requests, sectional map amendment, special exception, variance, and annexations shall be required to notify all surrounding property owners of such request. Such property owners shall include the owner(s) of all contiguous properties including across any streets.

(b)

Such notification shall be by certified mail/return receipt requested.

(c)

Such notification shall include the property involved in the request: what is being requested (i.e., rezoning to what zone: special exception for what purpose, etc.) the person requesting and the address and telephone number of the City Department responsible for processing such request.

(d)

The return receipts and/or evidence of attempt(s) to notify shall be provided to the appropriate City Department before any hearing will be scheduled.

(e)

The City may by policy adopt further requirements to assist in this notification.