The Board of Appeals may grant special exceptions for such periods and for the uses enumerated, and subject to the conditions set forth in this division.

(a)

A special exception may be granted when the Board of Appeals, as the case may be, finds from a preponderance of the evidence of record that the proposed use:

(1)

The proposed use is in harmony with the purpose and intent of the Master Plan, as embodied in this article and in any Master Plan or portion thereof adopted or proposed as part of such Master Plan;

(2)

The proposed use will not adversely affect the health, safety, or welfare of residents or workers in the area;

(3)

Will not be detrimental to the use, peaceful enjoyment, economic value, or development of surrounding properties or the general neighborhood; and will cause no objectionable noise, vibrations, fumes, odors, dust, glare or physical activity;

(4)

Will not, in conjunction with existing development in the area and development permitted under existing zoning, overburden existing public services and facilities, including schools, police and fire protection, water, sanitary sewer, public roads, storm drainage and other public improvements; and

(5)

Meets the definition and specific standards set forth elsewhere in this article for such particular use.

(b)

The applicant for a special exception shall have the burden of proof which shall include the burden of going forward with the evidence and the burden of persuasion on all questions of fact which are to be determined by the Board of Appeals.

(a)

Issuance of building permits. No building permit shall be issued for any building or other structure to be constructed, reconstructed, or altered pursuant to a special exception unless such construction is in accord with the terms and conditions established by the Board of Appeals in its resolution to grant, including any exhibits referred to therein. The City may revoke any building permit for such construction when it is determined that construction is not in accord with the terms and conditions established by the Board of Appeals as herein provided. Nothing contained herein shall be construed to prohibit the Department of Economic and Community Development in its exercise of reasonable discretion, to allow minor adjustments during construction which do not alter the location of structures, external appearance, use, or conditions of the special exception. The Department of Economic and Community Development shall immediately notify the Board of Appeals of any deviations from the special exception plans as approved by the Board. Substantial changes proposed during construction shall require rehearing before the Board on thirty (30) days' notice to all persons entitled to notice of the original application.

(b)

Issuance of occupancy permits. Following the construction or alteration of any structures, or the installation of screening or landscaping, permitted or required by special exception, the applicant shall certify to the Department of Economic and Community Development that such construction is complete and that all representation to, and terms and conditions imposed by, the Board have been complied with. No occupancy permit shall be issued for such use until the Department of Economic and Community Development has received such certification, given five (5) days' written notice to all parties who participated in or were entitled to notice of the original hearing, and conducted a thorough final inspection of the construction, alteration, screening, and landscaping; provided, however, that a temporary occupancy permit may be issued prior thereto for a period not to exceed ninety (90) days upon evidence that landscaping and screening were delayed due to adverse weather conditions or other circumstances beyond the control of the applicant.

(c)

Certification of operations. The Board of Appeals may, when deemed appropriate, require an annual review of full condition and terms imposed by Board.

(d)

Complaints. Notice of complaints received by a representative of the City, concerning the operation of any special exception shall be transmitted promptly to the Board and the Department of Economic and Community Development, each of which shall take appropriate action as provided by law. The complainant shall be notified of the action taken.

(e)

Revocation. Whenever the Department of Economic and Community Development shall determine that a special exception appears to have been abandoned, or that all of the terms and conditions of its grant are not being complied with, the Department shall notify the Board and the City Solicitor's Office. Upon receipt of notice of such determination by the Department, the Board shall issue an order to show cause why such special exception should not be revoked. Notice thereof shall be given to the party to whom the special exception has been granted and to all parties who would be entitled to receive notice of a new application for special exception concerning the property. Any special exception not established within two (2) years of being granted by the Board of Appeals shall become null and void. If a special exception is abandoned and not used for a period of two (2) years after it has been established, it may be revoked following the same procedure hereinabove.

(Ord. No. 1744, 7-23-2012; Ord. No. 1991, 1-10-2022)

(a)

Requests for special exceptions to be filed with Department of Economic and Community Development. Petition for the grant of special exceptions shall be filed with the Department of Economic and Community Development on forms provided therefore. The petitioner shall submit two (2) copies of plans and specifications or other data or explanatory material, stating the methods by which he will comply with the conditions specified in the provisions set forth for the proposed special exception.

(b)

Fee. At the time of filing the request for a grant of special exception, the petitioner shall pay to the Department of Budget and Personnel Services the fee required to cover the cost of advertising, the posting of the property with signs, and the sending of notices in connection with his petition.

(c)

Molesting, etc., posted sign. Any unauthorized person removing, destroying, defacing, obstructing, or otherwise molesting a posted sign, either directly or indirectly, shall be subject to the penalties as provided by law.

(d)

Public hearings and notice thereof. Before making a decision on a request for grant of special exception, the Board shall hold a public hearing thereon. Notice of the time and place of hearing and a description of the property and the use for which the grant of special exceptions is requested shall be published by the Clerk to the City Council one (1) time in one (1) newspaper of general circulation in the City. The first notice shall be published at least seven (7) days prior to date of public hearing. Notice in accordance with the foregoing, together with copies of the petition, map, and other explanatory material and the fee for posting the property with required signs, shall be sent also to the Planning Commission.

(e)

Continuation of adjourned hearings. Hearings may be adjourned, from time to time, and if the time and place of the continued hearing be publicly announced at the time of adjournment, no further notice of such continued hearing shall be required; otherwise, notice thereof shall be given, as in the case of the original hearing.

(f)

Renewal of petition after denial. If a grant of special exception is denied, no new petition from the denied use on the same property shall be accepted by the Board until one (1) year after the date of hearing on the denied petition.

(g)

Notice of action. Notice of action taken by the Board on each petition for special exception shall be transmitted to the petitioner and to the Planning Commission. In cases where special exceptions have been granted, the notice shall set forth the conditions, standards, and safeguards or rules to which the special exception is subject.

(h)

Enlargement of special exception. No use or activity permitted as a special exception shall be enlarged or extended beyond the limits authorized in the grant of special exception. All such enlargements or extensions shall require grants of special exception as in the case of an original petition.

(Ord. No. 1991, 1-10-2022)

(a)

The Board, when appropriate, is hereby empowered to add to the specific provisions enumerated herein others that it may deem necessary to protect adjacent properties, the general neighborhood, and the residents, workers and visitors therein.

(b)

Special exceptions shall be subject to the height limitations laid down in the zone in which the special exception is located; except, that in cases as specified elsewhere in this article relating to public utility structures where, in the opinion of the Board, the adjacent residential development will not be adversely affected, the height limit may be increased.

(c)

Special exceptions shall be subject to the parking requirements of this article.

(d)

Whenever the Board shall find, in the case of any permit heretofore or hereafter granted pursuant to the provisions of this division that any of the terms, conditions or restrictions upon which such permit was granted are not being complied with, the Board of Appeals is authorized, after due notice to all parties concerned and granting full opportunity for a public hearing, to suspend or revoke such permit or take other action as it deems necessary to insure compliance. The Board of Appeals is authorized to request and obtain investigations and reports as to compliance from such City, county or state agencies or administrative officers as may be appropriate.

(e)

Structures to be constructed, reconstructed, or altered pursuant to special exceptions in residential zones shall, whenever practicable, have the exterior appearance of residential buildings of the type otherwise permitted and shall have suitable landscaping, screen planting and fencing wherever deemed necessary by the Board.

The uses enumerated in this section may be allowed as special exceptions, as provided in this division, subject to the standards and requirements set out in this section; except as specifically provided for elsewhere in this article in the listings for permitted uses.

In the R-5, R-55, R-20, R-T, R-30, R-18 and C-V zones, an accessory apartment; provided that such use is located in a single-family detached dwelling only, and that such apartment shall be only for the use of an elderly or handicapped person as defined in Section 20-1.7 of this article, and provided further that such use shall be subject to all the following conditions:

(a)

Any such accessory apartment shall be occupied by no more than two (2) persons who shall be related by blood, adoption or marriage; that at least one (1) of such persons shall be an elderly or handicapped person as those terms are defined in Section 20-1.7 of this article; and that satisfactory evidence shall be provided to the Board that the proposed resident of such accessory apartment is an elderly or handicapped person as so defined.

(b)

Any vehicles owned or used by the occupant(s) of such accessory apartment shall be accommodated within the property, and all applicable yard, green space, or other bulk regulations shall be met.

(c)

All applications for special exceptions for accessory apartments shall contain a warning to the applicant that covenants may exist on the property which could prohibit accessory apartments, that the granting of the special exception would not necessarily supersede such covenants, and that the applicant may wish to consult with his or her attorney and/or review the Land Records of Prince George's County to determine the possible existence of any such covenants prior to filing the application and paying the required fees.

(d)

The resident family in the single-family dwelling unit shall be a "family" as defined in Section 20-1.7 of this article.

(e)

No other rooms in the dwelling may be rented at any time during which the accessory apartment is being resided in. A violation of this provision shall be grounds for the revocation of the use and occupancy permit for the accessory apartment.

(f)

The applicant shall provide drawings, plans, and specifications to scale depicting the floor plan of the accessory apartment, which shall include the number of rooms, and their functions, and any other information required by the Department of Economic and Community Development. The accessory apartment shall be located entirely within the existing dwelling, and additions to existing dwellings for the purpose of creating an accessory apartment are prohibited. Accessory apartments shall not exceed twenty-five (25) percent of the floor area of the main dwelling structure. Accessory apartments may contain a separate kitchen facility, with provision for living, dining, sanitary, and sleeping accommodations.

(g)

If the proposed tenant of an accessory apartment is handicapped, the drawings, plans and specifications and other evidence submitted shall contain proposals which conform to applicable laws and regulations pertaining to barrier free design and access. The Planning Commission may recommend to the Mayor and City Council that a handicapped parking space be designated on the public right-of-way in front of the subject property, and the Board of Appeals may require, as a condition to the granting of the special exception, that such handicapped parking space be designated.

(h)

The accessory apartment shall not be occupied until final approval of the special exception is granted by the Board of Appeals, all conditions imposed by the Board in connection with that special exception have been complied with, and a use and occupancy permit has been issued by the Department of permits and code enforcement. Any resolution by the Board approving a special exception application for an accessory apartment, and any Use and Occupancy Permit for such accessory apartment, shall contain a specific condition that the accessory apartment shall be subject to inspection by the City at reasonable times to confirm that the accessory apartment is being used in full compliance with all of the provisions of this Section 20-22.3. Prior to the occupancy of the accessory apartment, the occupant shall be advised in writing by the owner, either in the lease or otherwise, that such right of inspection is an express condition of the occupancy of such accessory apartment. The refusal to allow such inspection by either the owner or any occupant of such accessory apartment shall be grounds for revocation of the use and occupancy permit and for revocation of the special exception.

(i)

In the event of a change of occupancy of the accessory apartment, the owner shall promptly, but no later than fifteen (15) days prior to any new occupancy, apply for a new use and occupancy permit for the accessory apartment. Such application shall include evidence satisfactory to the Department of Economic and Community Development that the provisions of this Section 20-22.3, including the qualifications of the new occupant as elderly or handicapped, shall continue to be complied with. No such new occupancy shall be permitted until the issuance of the new use and occupancy permit. In the event that there will be any substantive deviations from the original application, the new use and occupancy permit shall not be issued until an amendment to the special exception is approved by the Board of Appeals. Failure to comply with the provisions of this subsection shall be grounds for the denial of the use and occupancy permit and revocation of the special exception.

(Ord. No. 1991, 1-10-2022)

(a)

In the R-5, and PUD-E zones, the height of an accessory building may be increased to two (2) stories, but not over twenty-five (25) feet, to provide living quarters on the second story for servants and other household help employed on the premises, if such additional height and purpose are reasonably necessary for the convenience of the family occupying the main building, and if such additional height will not be detrimental to the abutting properties.

(b)

In an R-5 zone, the height of accessory buildings used for bona fide agricultural purposes may be extended to forty (40) feet.

(c)

In an R-18, R-10, or R-H Zone, an accessory building used as an office, in connection with a multiple-family dwelling project, may be increased in height to two (2) stories but not over twenty-five (25) feet; provided, that such additional height is required and used solely in connection with the main use.

(d)

Plot plans, drawn to scale, showing the location of the accessory building for which the height increase is requested, its relationship to other buildings on the lot and adjoining lots, and the proposed use of the additional space, shall be submitted with each application.

Any of the following adult entertainment facilities, as defined in Section 20-1.7, adult book stores; adult motion picture arcades; adult motion picture theaters; adult mini motion picture theaters; adult theaters; adult model studios; body painting studios; adult massage parlors and sexual encounter establishments.

(a)

Any of the foregoing uses shall be at least five hundred (500) feet from the nearest property line of any property in an area zoned for residential classification, and at least one thousand (1,000) feet from the nearest property line of any public, private, or parochial school, library, park, or playground, church, convent, monastery, synagogue or other place of worship.

(b)

No adult entertainment establishment shall be conducted in any manner that permits the observation of any material depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window, or other opening.

(Ord. No. 1877, 9-26-2016)

In any zone except C-SH and industrial zones, general agricultural uses on a lot or tract located in an area predominately undeveloped. Such exceptions shall be temporary.

A special exception may be granted for an animal/veterinarian hospital in an R-5, C-G, C-V, C-VAC, or I-CS district provided that:

(a)

If outside pens or runs are included:

(1)

They will be at least two hundred (200) feet from any lot line and screened from roads and residential properties; and

(2)

The hours of operation will be approved by the Board of Appeals.

(b)

Buildings where animals are kept or treated will be located or soundproofed so that noises are not detectible at the lot lines.

(c)

Disposal of wastes will be such that odors or other emissions are not perceptible at lot lines.

A special exception may be granted for an animal/veterinarian hospital in an R-5 district provided that:

(a)

Pens or runs are completely enclosed within the building(s).

(b)

Buildings where animals are kept or treated will be located or soundproofed so that noises are not detectible at the lot lines.

(c)

Disposal of wastes will be such that odors or other emissions are not perceptible at lot lines.

Any animal/veterinarian hospital lawfully existing prior to January 1, 1990, is a conforming use, and may be extended, enlarged or modified by special exception subject to the provisions set forth in this section.

In the R-5 Zone, an antique shop; provided, that outdoor display of articles for sale shall be at least twenty-five (25) feet from any street or lot line.

In the R-H Zone, subject to the regulations therein.

In C-C, C-G, C-V, and C-VAC zones subject to the following:

(a)

Guidelines for development.

(1)

The following guidelines shall be considered:

a.

If more than one (1) building is proposed, residential units should be clustered together in small to medium size groups to give a more residential character to the site.

b.

The entry to the assisted housing site should provide easy recognition of the facility and a safe and unambiguous vehicular route to the building entry and passenger drop-off area.

c.

The radius and width of the entry drive should allow cars and vans to maneuver easily and accommodate a forty (40) foot truck or bus.

d.

The drop-off area should be close and convenient to the building entry, but should be spacious enough to accommodate wheelchairs, open car doors, and passing cars.

e.

A canopy or cover offering protection from the weather should normally be provided over the building entry and passenger drop-off area. The minimum height shall be thirteen (13) feet nine (9) inches.

(b)

Requirements.

(1)

A recreational facilities plan shall be submitted demonstrating that sufficient recreational facilities or opportunities are provided to serve the prospective resident population. Facilities may be provided on site or within adjoining development. In any case, but particularly if on adjoining property, there shall be a staging plan for the facilities constructed. Recreational areas should be clustered together to increase levels of activity, use of amenities, and the sense of vitality of the community.

(2)

The facility shall be located on a minimum of three and one-half (3½) acres of land.

(3)

There shall be at least one (1) parking space for each unit, including each unit for residential staff, plus one (1) employee parking space for each nonresidential employee.

(4)

A Detailed Site Plan shall be approved for the facility in accordance with Division 4, Section 20-5.3 of this article.

As listed in the respective zones, subject to the requirements therein.

In the C-G and the I-G zones, an auction facility, as defined in Section 20-1.7 of this article, may be allowed, upon the satisfaction of the following requirements, in addition to the requirements of Sections 20-21.1 and 20-22.1:

(a)

An interior floor plan shall be submitted by the applicant delineating the total area occupied by the auction facility and the sales floor area intended for assembly where the auction sales will be conducted. The location and size of that assembly area shall be approved by the Board of Appeals as an express condition of the special exception taking into account parking considerations. That area intended for assembly shall not be expanded without the approval of the Board of Appeals.

(b)

The Board of Appeals shall determine any appropriate limits on the hours of operation, taking into consideration the uses in the vicinity of the proposed auction facility, and the likely impact of that proposed facility on surrounding areas especially residential areas.

(c)

Subsection 20-16.14(c) of the Zoning Regulations shall not be applicable; however, the Board of Appeals may waive the amount of required parking based on the same consideration as outlined in Subsection 20-16.14(c), but the Board shall strictly apply those criteria when the subject property is within close proximity to residential areas and shall prohibit a waiver if any significant negative impact on those residential areas is likely.

(d)

When the subject property is in close proximity to residential areas, the Board shall consider increasing the required setbacks for the building and/or the parking area and may require additional buffer or screening mechanisms.

(e)

When the subject property is located within an integrated facility that shares parking with other uses, such as an integrated shopping center, the Board may restrict the size of the auction facility, especially the capacity of the sales assembly area, specifically to limit the required parking, taking into consideration the total amount of parking for the site, and the other uses on the site, especially the parking available for those uses. The relationship between the times of operation of those other uses and the times of operation of the proposed auction facility shall be considered by the Board.

(f)

In general, when the subject property is adjacent or within close proximity to residential areas, the Board shall have the authority to place whatever additional conditions it feels are appropriate to minimize the impact on those residential areas.

(a)

In any zone where allowed, a special exception for an automobile gas station may be granted upon a finding, in addition to the requirements of Sections 20-21.1 and 20-22.1, that:

(1)

The use will not constitute a nuisance because of noise, illumination, fumes, odors, or physical activity in the location proposed.

(2)

The use at the proposed location will not create a traffic hazard or traffic nuisance because of its location in relation to similar uses, because of the necessity of turning movements in relation to its access to public roads and intersections, or because of its location in relation to other buildings or proposed buildings on or near the site and the traffic patterns from such buildings, or will not cause frequent turning movements across sidewalks and pedestrian ways, thereby disrupting pedestrian circulation within a concentration of retail activity.

(3)

The use will not pre-empt frontage on any public highway or road in such manner as to substantially reduce the visibility and accessibility of an interior commercial area zoned or proposed for commercial use which is oriented to the same public highway or road.

(4)

When such use abuts a Residential Zone or institutional premises not recommended for reclassification to a Commercial or Industrial Zone on an adopted Master Plan and is not effectively screened by a natural terrain feature, the use shall be screened by a solid wall or a substantial, sightly, solid fence, not less than five (5) feet in height, together with a planting strip on the outside of such wall or fence, planted in shrubs and evergreens three (3) feet high at the time of original planting and which shall be maintained in good condition. The location, maintenance, vehicle sight distance provisions, advertising and parking areas pertaining to screening shall be as provided for in other sections of these regulations.

(5)

Signs, if erected, shall be in conformance with Division 7 of this article, and such signs, product displays, parked vehicles and other obstructions which adversely affect visibility at intersections or at entrances and exits to and from such use shall be prohibited.

(6)

Lighting, including permitted illuminated signs, shall be arranged so as not to reflect or cause glare into any Residential Zone.

(7)

When such use occupies a corner lot, the ingress or egress driveways shall be located at least twenty (20) feet from the intersection of the front and side street lines of the lot, as defined in Section 20-1.7.

(8)

A preponderance of evidence of record indicates that:

a.

A need exists for the proposed automobile gas station for service to the population in the community, considering the present availability of such use to the community.

b.

A need exists for the proposed automobile gas station due to an insufficient number of similar uses presently available to serve existing population concentrations in the City.

(Ord. No. 1960, 10-26-2020)

In the C-G zone, an automobile wash; provided that when such abuts the side or rear line of a lot in any Residential Zone, a solid wall or substantial, sight, tight fence five (5) feet in height shall be constructed and maintained along such lot line but not extending beyond a street line; and provided further, that lighting, including permitted illuminated signs, shall be arranged so as not to reflect or cause glare into any residential zone. When such use occupies a corner lot, the ingress or egress driveways shall be located at least twenty (20) feet from the intersection of the front and side street lines of the lot and such driveways shall not exceed twenty-five (25) feet in width. A lot shall not be used for an automobile laundry, if it is within three hundred (300) feet of an entrance to a public or parochial school, a public park or playground, or a hospital.

(Ord. No. 1960, 10-26-2020)

In any zone automobile parking lot. No vehicle shall be parked less than fifty (50) feet from the centerline of any highway; all permanent parking lots shall be constructed and maintained in accordance with the provisions of Division 6 of this article.

In zones where permitted, any automobile garage, repair, an automobile sales and service center, an automobile sales lot, automobile service center or an automobile service station; provided, that:

(a)

The lot for which such use is proposed is three hundred (300) feet or more from the entrance to any public or private school, park, playground, or hospital in the block on the same side of the street; and that the lot is across the street from, and does not abut along a side lot line, any lot in a Residential Zone.

(b)

The lot for which such use is proposed does not directly abut any property zoned for any residential use.

(c)

The location of driveways and access and egress points will not endanger pedestrians or create traffic congestion or hazards.

(d)

Adequate off-street parking space is provided.

(e)

The proposed use will not injure or be otherwise detrimental to established uses on adjacent lots within one hundred (100) feet of the proposed location on the same side of the street.

(f)

A preponderance of evidence of record indicates that:

(1)

A need exists for the proposed use for service to the population in the community, considering the present availability of such use to the community.

(2)

A need exists for the proposed use due to an insufficient number of similar uses presently available to serve existing population concentrations in the City.

(3)

The use at the proposed location will not result in a multiplicity or saturation of similar uses in the same general neighborhood of the proposed use.

(a)

Permitted locations and number of lodging units. Bed and breakfast facilities are allowed as a special exception in the R-5, R-55, and C-V Zoning Districts. No more than four (4) rooms or lodging units shall be provided on any building site. These rooms or lodging units shall be located with the principal building not in a detached garage or accessory building.

(b)

Exterior modifications. No alterations shall be made to the external appearance to the principal structure of the building site which changes the residential characteristics thereof.

(c)

Signs. No sign shall be permitted other than a non-illuminated nameplate attached to the main entrance of the principal building. This nameplate shall not exceed two (2) square feet in area.

(d)

Owner occupancy required. No bed and breakfast facility shall be permitted except where the principal building is owner-occupied.

In a C-G zone, a building supply or lumber sales yard; provided, there is no manufacturing or processing or machine operation other than one (1) rip saw and one (1) cutoff saw with not more than a total eight (8) horsepower motor or motors; and provided further that all operations shall be confined within building; and all open storage shall not exceed fifty (50) percent of the area of the property and shall be enclosed by a sight, tight wall or fence not less than eight (8) feet in height. The sale by bulk of sand or gravel or Portland cement is prohibited.

As listed in the respective zones, subject to the requirements therein.

In the P-I Zone subject to the regulations therein.

In an R-5 zone, subject to the provisions of any state or local law, a cemetery (also an animal cemetery) or a crematory; excluding from such uses any land deemed necessary for the establishment, widening, or improvement of existing or proposed highways, streets, or other public right-of-way bordering or within the area requested for such use.

(a)

In any zone, where listed, a child care residence for up to ten (10) children may be allowed, upon a finding by the Board that such use will not constitute a nuisance because of traffic, number of children in residence at any one time, noise or type of physical activity; and upon finding by the Board that the structure used for the child care residence is of sufficient size to accommodate the number of children and supervisory staff who will be residents; that the site provides ample outdoor play space free from hazard and appropriately equipped for the age and number of children being cared for; and that the structure meets the height regulations of the zone in which it is located or to be constructed.

(b)

In granting this special exception, the Board of Appeals may restrict the number and age distribution of the children to be cared for in the child care residence.

(c)

Area, frontage, and setback requirements.

Total area: One (1) acre.

Frontage: Sixty-five (65) feet.

Setback: Twenty-five (25) feet from all property lines.

In the O-B zone, subject to the requirements therein, in office developments having less than seventy-five thousand (75,000) square feet, provided it meets the minimum area and lot regulations, as required by the Prince George's County Department of Health, and/or other appropriate regulating agency.

In other zones, see Educational Institutions, private.

In the C-SH zone, children's rides and similar miniature amusements designed and operated primarily for children under ten (10) years of age, but excluding fairs, carnivals, and circuses subject to the following conditions:

(a)

Such use shall be accessory to an established shopping center or located on a lot abutting, along its side lot line, the lot on which is located a retail center.

(b)

There shall be no radio, recording device, public address system, or other speaker designed or used as a means to attract passersby, nor shall any such device be used in any manner deemed objectionable to surrounding residential areas.

(c)

Special conditions such as, but not limited to, additional setback from property lines, hours of operation, location and arrangement of lighting and signs, use of music or sound effects, and other reasonable requirements deemed necessary to safeguard the public general welfare, may be imposed by the Board as requisite to the grant of special exception.

As listed in the respective zones, subject to the regulations therein.

As listed in the respective zones, subject to the requirements therein.

A communications tower or monopole may be permitted subject to the following:

(a)

In all zones the setback for communications towers or monopole shall be fifty (50) feet more than the height of the structure on all sides and must have the proper clearing on each side of the tower. For example, if the tower is one hundred fifty (150) feet tall it shall be setback two hundred (200) feet from each boundary;

(b)

In the Commercial and Industrial Zones the structure shall generally be setback from all property lines and dwelling units a distance equal to the height of the structure (measured from its base). The Planning Commission may reduce the setback no less than one-half (½) the height of the structure based on certification from a registered engineer that the structure will meet applicable design standard for wind loads of the Electronic Industries Association (EIA) for Prince George's County. In the Residential Zones, on privately owned land, the structure shall be setback from all property lines and dwelling units a distance equal to the height of its structure (measured at its base);

(c)

On privately owned land, the structure shall not be used to support lights or signs other than those required for aircraft warning or other safety purposes;

(d)

Any tower or monopole which was originally used, but is no longer used, for telecommunications purposes for a continuous period of one (1) year shall be removed by the tower or monopole owner at the owner's expense; and

(e)

Any related telecommunications equipment shall be screened by means of landscaping or berming to one hundred (100) percent opacity.

Residential Zone.

Special exception or permitted use subject to the following:

A communication tower or monopole may be permitted in a residential zone subject to the following:

(a)

The antenna shall comply with the following standards:

(1)

Unless otherwise prohibited below, it shall be concealed within the opaque exterior of a structure or be attached to a public utility, radio, television, or telecommunications broadcasting tower/monopole; a light pole; a multifamily dwelling of at least five (5) stories in height; a structure owned by the City; or a structure owned and primarily used be a government agency that is exempt from the requirements of this subtitle;

(2)

It shall not extend more than fifteen (15) feet above the height of the tower or structure to which it is attached;

(3)

It shall not exceed the following dimensions:

a.

Twenty (20) feet in length and seven (7) inches in diameter for whips;

b.

Ten (10) feet in length and two (2) feet in width for panels;

c.

Seven (7) feet in length and one (1) foot in diameter for cylinder; or

d.

Seven (7) feet in diameter for parabolic dished; and

(4)

On privately owned land, it shall not support lights or signs unless required for air craft warning or other safety reasons.

(b)

The related telecommunications equipment building or enclosure shall comply with the following standards:

(1)

It shall not exceed five hundred sixty (560) square feet in gross floor area or twelve (12) feet in height;

(2)

The building or enclosure shall be screened by means of landscaping or berming to one hundred (100) percent opacity from any adjoining land in a Residential Zone (or land proposed to be used for residential purposes on an approved basic plan for a comprehensive design zone, or any approved conceptual or detailed site plan);

(3)

When attached to an existing building, it shall match the construction material and color(s) of that building;

(4)

When constructed as a freestanding building, it shall be constructed of brick and it's design shall coordinate with the design of any existing main building on the same lot or on an adjoining lot; and

(5)

The building or enclosure shall be unmanned, with infrequent (four (4) or fewer per year) visits by maintenance personnel, and with access and parking for no more than one (1) vehicle.

(c)

The communication tower or monopole shall comply with the following standards:

(1)

The maximum height shall be one hundred ninety-nine (199) feet when located on public property or one hundred (100) feet when located on all other properties;

(2)

For privately owned land, the minimum setback from all adjoining land and dwelling units shall be equal to the height of the structure measured from its base; for publicly owned land, the minimum setback shall be one-half (½) of the height of the structure measured from the base to the adjoining property lines;

(3)

The structure shall be designed, galvanized, and/or painted in a manner which is harmonious with surrounding properties;

(4)

The applicant shall provide certification from a registered engineer that the structure will meet the applicable design standards for wind loads or the Electronic Industries Association (EIA) for Prince George's County; and

(5)

Any monopole which is no longer used for telecommunication purposes for a continuous period of one (1) year shall be removed by the monopole owner at the owner's expense.

(d)

Collocation of antennas.

(1)

Antennas may be mounted and related telecommunications equipment building or enclosure installed on an existing communication tower, monopole or on a building or non-tower structure that has previously been approved as a special exception without such collocation being reviewed and approved by the Board of Appeals.

Antennas, related telecommunications equipment building, or enclosure shall comply with the standards contained in Residential Zone Subsections (a) and (b) above.

(e)

The replacement of antennas or telecommunications equipment building or enclosure because of maintenance, damage or change in technology on an existing communications tower, monopole or on a building or non-tower structure that has previously been approved as a special exception does not require review and approval by the Board of Appeals.

Antennas, related telecommunications equipment building, or enclosure shall comply with the standards contained in Residential Zone Subsections (a) and (b) above.

Commercial—Same as above.

Industrial—Same as above.

In all residential zones and in the C-N, C-C, C-G, C-V and O-B zones, subject to the provisions of this division including the following specific provisions:

(a)

Each unit shall be a separate "dwelling unit" as that term is defined in Section 20-1.7 of this article.

(1)

Any special exception granted pursuant to this section shall cease upon either: (1) the revocation of any required license and the expiration of any applicable appeal period relating to such revocation, or (2) the cessation of use of the land and improvements as a assisted living residence for more than six (6) months, provided that such six (6) month period may be extended for a reasonable time by the Planning Commission upon good cause shown. Upon such cessation, no assisted living residence shall thereafter be operated until a new special exception is granted. An application for a new special exception may be made at any time.

(b)

There shall be at least one (1) parking space for each unit, including each unit for residential staff, plus one (1) employee parking space for each nonresidential employee.

(c)

There shall be a minimum of green space of forty-five (45) percent of the total lot area.

(d)

The facility shall include a common central kitchen and dining room, as well as common areas for activities and services such as lounges, multi-purpose rooms, crafts, and other activities. The nature and extent of these common areas shall be determined by the Planning Commission after taking into consideration the size of the building, the number of dwelling units, the anticipated number of residents of the facility, and any other relevant factors. The facility shall provide at least two (2) meals each day to the residents.

(e)

Laundry facilities shall be provided in the facility, such facilities to include an appropriate number of washing machines and dryers to be determined by the Planning Commission, subject to the rules and regulations of the Board of Health of Prince George's County.

(f)

Provisions shall be made by the facility for reasonable transportation of the residents for shopping, attendance at religious services, routine medical and dental care, and civic and social activities.

(g)

The applicant shall demonstrate, by a preponderance of evidence, the need for the proposed facility, considering the availability of other such housing in the City of Laurel and the immediate Laurel area.

(h)

The applicant shall demonstrate, by a preponderance of evidence that the existence of the facility at the proposed location will not result in a multiplicity or saturation of similar facilities in the same general neighborhood of the proposed facility.

(i)

The facility shall be located in reasonable proximity to stores and community services, taking into consideration provisions made by the facility for transportation to such services.

(j)

The facility and accessory structures related to it shall be constructed, erected, altered, or enlarged in compliance with all provisions of this chapter and all other regulations of the zone in which the facility is located, except as otherwise provided herein.

(k)

The facility shall comply with all licensing requirements and regulations set forth in Chapter 12, Division 8 (Congregate Living Facilities for the Elderly or Physically Handicapped) of the Prince George's County Code, as amended from time to time, including provisions regarding penalties for failure to abide by such regulations, and shall comply with all other applicable laws, ordinances and regulations of any governmental agency with jurisdiction over such facilities.

(l)

Any special exception granted pursuant to this section shall cease upon either: (1) the revocation of any required license and the expiration of any applicable appeal period relating to such revocation, or (2) the cessation of use of the land and improvements as a congregate living facility for more than six (6) months, provided that such six-month period may be extended for a reasonable time by the Planning Commission upon good cause shown. Upon such cessation, no congregate living facility shall thereafter be operated until a new special exception is granted. An application for a new special exception may be made at any time.

(Ord. No. 1960, 10-26-2020)

Convenience stores: A convenience store may be located within the C-G, Commercial General, C-SH, Commercial Shopping Center Zones, within shopping centers or commercial complex under fifty thousand (50,000) square feet of gross floor area subject to the following regulations:

(a)

All stores must provide customer parking at a ratio of ten (10) spaces per one thousand (1,000) square feet of floor space used by customers.

(b)

The parking must be provided specifically for the use, regardless of whether the location is freestanding or in a multi-use building or complex, even if joint parking is provided.

(c)

The plans for gasoline pumps for freestanding locations on separate parcel or lots must describe the exact location and number of pumps. Gas pumps at convenience stores cannot exceed four (4) pumps (dispensing) and shall be located within one (1) island. All others shall be considered gas or filling stations permitted by special exception that could include convenience stores as part of the application.

(d)

The application must include normal days and hours of operation.

(e)

A circulation and traffic analysis is required of all applications.

(f)

Specific details for lighting, receptacles for trash, and a policy for litter control must be submitted with the application.

(g)

The windows of the establishment cannot contain more than ten (10) percent coverage by signs and advertising.

(h)

The application must also include a detailed landscaping plan including all loading areas, expected delivery times, dumpster location, and screening details.

(i)

The facility shall include the installation of security cameras, to include video, both interior and exterior. The exterior cameras shall be high resolution, with low lux, or similar night vision capability. Video must be maintained on site and secured for forty-five (45) days.

As listed in the respective zones, subject to the requirements therein. Retail commercial facilities as enumerated in the C-N Zone and professional office space not exceeding twenty-five (25) percent of the floor area of the center shall be permitted as accessory uses. Such accessory uses shall be shown to be accessory and immediately related to the convention center and shall be designed as a part of the motor service complex.

In a C-G or C-SH zone, a drive-in, carry-out, or fast-food restaurant may be allowed, upon a finding, in addition to the requirements of Sections 20-21.1 and 20-22.1 that:

(a)

The use will not constitute a nuisance because of noise, illumination, fumes, odors, or physical activity in the location proposed.

(b)

The use at the proposed location will not create a traffic hazard or traffic nuisance because of its location in relation to similar uses, necessity of turning movements in relation to its access to public roads and intersections, or its location in relation to other buildings or proposed buildings on or near the site and the traffic patterns from such buildings or cause frequent turning movements across sidewalks and pedestrian ways, thereby disrupting pedestrian circulation within a concentration of retail activity.

(c)

Pre-empt frontage on any highway or public road in such manner so as to substantially reduce the visibility and accessibility of an interior commercial area zoned or proposed for commercial use which is oriented to the same highway or public road.

(d)

When such use abuts a residential zone or institutional premises not recommended for reclassification to commercial or industrial zone on an adopted Master Plan and is not effectively screened by a natural terrain feature, the use shall be screened by a solid wall or a substantial, sightly, solid fence, not less than five (5) feet in height, together with a planting strip on the outside of such wall or fence, planted in shrubs and evergreens three (3) feet high at the time of original planting and which shall be maintained in good condition. Location, maintenance, vehicle sight distance provisions, advertising, and parking areas pertaining to screening shall be as provided for in other sections of these regulations.

(e)

Signs, if erected, shall be in conformance with Division 7 of this article, and such signs, product displays, parked vehicles and other obstructions which adversely affect visibility at intersections or at entrances and exits to and from such use shall be prohibited.

(f)

Lighting, including permitted illuminated signs shall be arranged so as not to reflect or cause glare into any residential zone.

(g)

When such use occupies a corner lot, the ingress or egress driveways shall be located at least twenty (20) feet from the intersection of the front and side street lines of the lot, as defined in Section 20-1.7.

(h)

A preponderance of evidence of record indicates that:

(1)

A need exists for the proposed fast-food, drive-in, or carryout restaurant for service to the population in the community considering the present availability of such use to the community.

(2)

A need exists for the proposed restaurant due to an insufficient number of similar uses presently available to serve existing population concentrations in the City.

(3)

The use at the proposed location will not result in a multiplicity or saturation of similar uses in the same general neighborhood of the proposed use.

The additional requirements imposed in Section 20-22.31 of this division pertaining to drive-in, carryout and fast-food restaurants shall not apply when such restaurant is located in a strip shopping center as an "in-line" store, provided that the restaurant faces directly on a roadway or parking lot, or is otherwise in direct orientation to the outside of the shopping center; and provided further that such restaurant has no drive-through facilities whereby orders can be taken directly from and service provided directly to a motor vehicle. All other provisions of this article pertaining to special exceptions, except for those additional requirements imposed by Section 20-22.31, shall pertain to the types of drive-in, carryout, and fast-food restaurants described in this Section 20-22.32.

In the C-C and C-G zones, subject to the following conditions that:

(a)

Dry cleaning plants shall not be located in buildings housing assembly or institutional occupancies or in buildings immediately attached to those housing these occupancies.

(b)

The total number of persons employed in the business shall not exceed thirty (30).

(c)

Plans of the dry cleaning store-plant shall be submitted with the applications for a special exception and for a building permit or for a use and occupancy permit. These plans shall show in detail the complete floor plan including the location, type, capacity and names of all dry cleaning units, allied equipment and shirt laundry equipment, the capacity of the ventilating system and the location of the end of the vent stacks with respect to the sidewalk grade and adjacent building; and a statement as to the total number of persons to be employed in the business.

(d)

The board may, at its discretion and for the protection of the health, safety, morals, and general welfare of the community, require such additional conditions as it deems necessary.

As listed in the respective zones, subject to the regulations and permitted types of the adjacent residential zone and to any other regulations specified in this article.

As listed in the respective zones, subject to the requirements therein.

In any Residential Zone, a lot, lots, parcel or tract of land to be used for a private educational institution, if, in the opinion of the Board of Appeals, such use will not constitute a nuisance or be detrimental to the existing or potential land uses in the general area; and if the lot, lots, parcel or tract of land on which the building or buildings to be used by the institution are located conform to the minimum area, minimum frontage, minimum setback requirements, and other restrictions deemed necessary by the Board.

(a)

Institutions which offer any general academic instruction at levels above eighth (8th) grade, subject to the conditions that:

(1)

The total area of the lot, lots, parcel, or tract of land shall be at least five (5) acres, and shall have a frontage of at least two hundred (200) feet;

(2)

No part of any building is or is proposed to be located less than seventy-five (75) feet from any bounding lot or street line; and

(3)

Adequate off-street parking is provided.

(b)

Institutions which offer partial or complete program of nursery school (including child day care facility or center and foster home care) kindergarten, first (1st) grade and second (2nd) grade instruction, subject to the condition that:

(1)

The total area of the lot, lots, parcel, or tract of land to be used is at least ten thousand (10,000) square feet and shall have a frontage of at least seventy-five (75) feet;

(2)

All applications must meet the minimum area and lot regulations, as required by the Prince George's County Department of Health and/or other appropriate agency.

(3)

No part of any building is or is proposed to be located less than twenty-five (25) feet from any bounding property or street line;

(4)

Any outdoor playground shall be located only in the rear yard, and its boundaries shall be at least twenty-five (25) feet from any dwelling on an adjacent lot;

(5)

Adequate fencing and screen planting may be required, if deemed necessary to protect adjacent properties against intrusion;

(6)

No private educational institution other than a nursery school or kindergarten shall be conducted in any apartment house or in any building of an apartment house development. The Board may waive the area, frontage and setback requirements of this section for a nursery school or kindergarten conducted in any apartment house or any building of an apartment house development, provided that the total enrollment of the institution does not exceed twenty (20), and further provided, that the outdoor playground contains at least two thousand (2,000) square feet and is located at least forty (40) feet from any dwelling on an adjacent lot;

(7)

Each application for a special exception for a private educational institution shall be accompanied by two (2) accurate plats or sketches drawn to scale, showing the property proposed for such use, its dimensions and area, and adjoining properties; the locations and dimensions of buildings on the subject and adjoining properties; and the location and dimensions of any playground proposed for the subject property;

(8)

A kindergarten or nursery school shall be deemed cooperative institution if it is a membership association wherein at least eighty (80) percent of the members are parents of the students of the school and wherein none of the net earnings enure to the benefit of any member or any other person or persons;

(9)

Enrollment shall mean the total number of children or students, or both, enrolled in the institution at any one time, provided that if there are separate morning, afternoon or evening sessions, each of which is attended by different children or students, or both, enrollment shall mean the number enrolled in the session having the largest number of children or students, or both.

(c)

Private educational institution, other than those covered by Subsections (a) and (b) above.

(1)

Where the maximum attendance at any one time does not exceed twenty (20) students.

Total area: Minimum of ten thousand (10,000) square feet.

Frontage: Minimum of seventy-five (75) feet.

Setback: Minimum of twenty-five (25) feet from all property lines.

(2)

Where the maximum attendance at any one time exceeds twenty (20) but does not exceed forty (40) students.

Total area: Minimum of twenty thousand (20,000) square feet.

Frontage: Minimum of one hundred (100) feet.

Setback: Minimum of twenty-five (25) feet from all property lines.

(d)

All institutions where the maximum attendance at any one time exceeds forty (40) students.

Total area: Minimum of thirty thousand (30,000) square feet.

Frontage: Minimum of one hundred fifty (150) feet.

Setback: Minimum of twenty-five (25) feet from all property lines.

As applicable, the regulations for child day care facility or center shall apply for elderly day care facility or center.

(a)

Within the C-G—Commercial General, S-SH—Commercial Shopping Center, C-V—Commercial Village, I-CS—Industrial-Commercial Services, and as required, within an M-X-T—Mixed Use-Transportation Oriented Zone, and specified Revitalization Overlay Areas.

(b)

Access:

(1)

If freestanding, buffering by a wall and/or landscaping will be provided in a manner, which physically separates and restricts access from the establishment and it is required parking area to nearby Residential Zones or areas.

(2)

All patron entrances will be well lit and clearly visible to patrons from the parking lot or a public street.

(c)

The applicant has provided written evidence that all sound resulting from business activities will be contained within the building.

(d)

The applicant shall provide hours of operation for the establishment, and shall notify the City if the operating hours are changed.

(e)

The applicant has provided written public safety plan which the City Police Department and the City Fire Marshal have recommended and submitted as part of the application, as well as hours of operation.

(f)

The applicant has provided a written lighting plan, which addresses exterior lighting on and surrounding the property.

(g)

The applicant shall provide written exterior refuse control plan, which must be approved by the Department of Economic and Community Development and the Department of Public Works.

(h)

The applicant has provided a floor plan, which identifies the areas for the primary use and for ancillary functions, which include, but are not limited to, patron dancing areas and/or stages for performances.

(i)

The plan shall demonstrate to the satisfaction of the Director of the Department of Economic and Community Development and the Director of the Department of Public Works, that the level of service on all streets accessed by the use shall be acceptable and not cause a reduction in the levels of service (LOS) identified within the required traffic study submitted in conjunction with the special exception application.

(j)

If the Director of the Department of Economic and Community Development determine that additional parking analysis is necessary the applicant shall provide a detailed parking needs study based on comparable establishments.

(k)

The applicant has provided any additional information required by City staff in order to evaluate the impacts of the proposed use upon the area.

(l)

The following operational standards must be met by the use throughout its operations:

(1)

All external doors shall be closed but not locked during business hours.

(2)

No external speakers will be permitted on the premises of a use permitted under this section.

(3)

The applicant/operator shall comply with all plans approved as provided herein.

(4)

Nonconformance with the provisions of the granting of the special exception shall be grounds for review by the City staff and recommended for hearing to the Board of Appeals for revocation.

(5)

The applicant must comply with all other applicable laws and ordinances of the City, or other agency having jurisdiction.

(Ord. No. 1991, 1-10-2022)

In R-5 and O-B zones, the use of a tract or parcel of land or buildings for a funeral home or funeral parlor, upon a finding by the Board that:

(a)

The use will not constitute a nuisance because of traffic, noise, or type of physical activity. Such use shall be devoted to services usually incident to funeral parlor and undertaking establishment operations including, but not limited to, transportation of human remains to and from the premises; embalming, cosmeticing and casketing of remains; visiting of the premises by decedents' families and the general public for the purpose of viewing the remains and conducting business with the establishment; delivery and storage of caskets including a room or area devoted to display thereof; provided, that cremation of remains is expressly prohibited, except as provided with a special exception and in accordance with the provisions of any other applicable state or local law.

(b)

The property and building will conform to the following:

(1)

Minimum lot area, one (1) acre.

(2)

Minimum front yard setback, fifty (50) feet.

(3)

Minimum side yard setback, twenty-five (25) feet each side.

(4)

Minimum rear yard setback, twenty-five (25) feet.

(5)

Building "height limit," same as specified in the applicable zone.

(6)

Minimum frontage at the building line, one hundred (100) feet.

(7)

The grounds and exterior of all buildings shall be kept and maintained in conformity with the prevailing standards of the community.

(8)

The following additional requirements shall also be met: Special conditions, such as provisions for additional fencing or planting or other landscaping, additional setback from property lines, location and arrangement of lighting, and other reasonable requirements deemed necessary to safeguard the general community interest and welfare, as may be invoked by the Board as requisites to the grant of special exception.

As listed in the respective zones, subject to the requirements therein.

(a)

A gas station complex may be allowed in those zones where such use is authorized by special exception, upon a finding by the Board that:

(1)

The use will not constitute a nuisance because of noise, illumination, fumes, odors, or physical activity in the location proposed.

(2)

The use at the proposed location will not create a traffic hazard or traffic nuisance because of its location in relation to similar uses, because of the necessity of turning movements in relation to its access to public roads and intersections, or because of its location in relation to other buildings or proposed buildings on or near the site and the traffic patterns from such buildings, or will not cause frequent turning movements across sidewalks and pedestrian ways, thereby disrupting pedestrian circulation within a concentration of retail activity.

(3)

The use will not preempt frontage on any public highway or road in such manner as to substantially reduce the visibility and accessibility of an interior commercial area zoned or proposed for commercial use which is oriented to the same public highway or road.

(4)

When such use abuts a residential zone or institutional premises not recommended for reclassification to a commercial or industrial zone on an adopted Master Plan and is not effectively screened by a natural terrain feature, the use shall be screened by a solid wall or a substantial, sightly, solid fence, not less than five (5) feet in height, together with a planting strip on the outside of such wall or fence, planted in shrubs and evergreens three (3) feet high at the time of original planting and which shall be maintained in good condition. The location, maintenance, vehicle sight distance provisions, advertising and parking areas pertaining to screening shall be as provided for in other sections of this article.

(5)

Signs, if erected, shall be in conformance with Division 7 of this article, and such signs, product displays, parked vehicles and other obstructions which adversely affect visibility at intersections or at entrances and exits to and from such use shall be prohibited.

(6)

Lighting, including permitted illuminated signs, shall be arranged so as not to reflect or cause glare into any residential zone.

(7)

When such use occupies a corner lot, the ingress and egress driveway shall be located at least twenty (20) feet from the intersection of the front and side street lines of the lot, as defined in Section 20-1.7, and the driveways shall not exceed twenty-five (25) feet in width.

(8)

A preponderance of the evidence of record indicates that:

a.

A necessity exists for the proposed retail sale of automotive fuel for service to the population in the community, considering the present availability of gas stations in the community.

b.

The necessity exists for the proposed retail sale of automotive fuel due to an insufficient number of gas stations presently available to serve existing population concentrations in the City.

(b)

In addition to the above, a gas station complex is subject to the following requirements:

(1)

If a fast food, carry-out, or drive-thru restaurant and/or a food or grocery store are proposed as accessory uses, they shall be contained in the same building as the primary use;

(2)

The primary use is limited in function to dispensing gasoline, oil, grease, antifreeze, tires, batteries and automobile accessories directly to motor vehicles and to servicing motor vehicles only to the extent of installation of the enumerated items;

(3)

The repair of motor vehicles or the installation of accessories into motor vehicles, except as provided in Subsection (b)(2) above, is prohibited;

(4)

The display or rental of motor vehicles, cargo trailers, trucks or other vehicles is prohibited;

(5)

The storage or junking of motor vehicles, trailers, or inoperable vehicles is prohibited;

(6)

If adjacent to residentially zoned property, the site shall be adequately screened with barriers of such dimensions that occupants of adjacent and facing residential structures are not unreasonably disturbed, either by day or night, by the movement of vehicles, and light facilities are so arranged that they neither unreasonably disturb occupants or adjacent residential properties nor interfere with traffic;

(7)

The gas station complex may not contain an automobile laundry if the lot is within three hundred (300) feet of an entrance to a public or parochial school, a public park or playground, or a hospital.

(c)

Site plan. A special exception application for a gas station complex shall be accompanied by a site plan prepared in accordance with Subsection 20-5.3(a)(2) of this article.

(d)

Enlargement of special exception. A gas station complex special exception shall not be enlarged or extended beyond the limits authorized in the grant of special exception. Any proposed enlargements or extensions shall require the granting of special exceptions as in the case of an original petition.

(a)

In any residential or I-G zone, a golf course or country club, private club, including community buildings and similar recreational uses not publicly owned or operated.

(b)

Provision for concessions for the serving of food, refreshments, or entertainment for club members and guests, also as a special exception.

(c)

Golf driving ranges and miniature golf courses, as a temporary special exception.

In any residential zone, a noncommercial greenhouse.

In the I-RTP Zone, subject to the requirements therein.

(a)

The intent of this section governing health, eleemosynary, and philanthropic institutions or congregate living facility, or personal care facility for the elderly or physically handicapped is to:

(1)

Facilitate coordination with other governmental agencies supplying services similar to those of the proposed health, eleemosynary, philanthropic institution or congregate living facility, or personal care facility for the elderly or physically handicapped.

(2)

Insure that accepted standards governing the proposed health, eleemosynary, philanthropic institution or congregate living facility, or personal care facility for the elderly or physically handicapped are followed.

(3)

Insure quality service, care, or treatment.

(4)

Insure the orderly operation of the proposed health, eleemosynary, philanthropic institution or congregate living facility, or personal care facility for the elderly or physically handicapped, of said institution.

(5)

Preserve the character of residential neighborhoods and avoid the erection of advertising signs.

(b)

In any residential and in the O-B, C-N, C-C, and C-G zones, a lot, parcel or tract of land may be used for a hospital, nursing, or care home, eleemosynary, or philanthropic institution, congregate living facility, or personal care facility for the elderly or physically handicapped, upon a finding by the Board of Appeals that:

(1)

Such use will not constitute a nuisance because of traffic, noise, number of patients or persons being cared for, or the type of physical activity.

(2)

Such use will not affect adversely the present character or future development of the surrounding residential community.

(3)

Such use meets the following standards:

a.

Meets present or future standards licensing requirements, or similar regulations imposed by county, state, or federal agencies having jurisdiction over such use. The Board of Appeals may solicit review and comment by appropriate government agencies providing similar services.

b.

That, whenever appropriate, the proposed institution establishes a working relationship with public and private agencies offering related services.

c.

That the applicant for a special exception for an institution provides the Board with a detailed written description of its formal program.

d.

That all principal staff members, whether volunteer or paid, of a proposed institution, possess qualifications appropriate to the service offered by the proposed institution, such qualifications being similar to those imposed by any governmental or private agency having jurisdiction over said institution.

e.

That, in the case of nursing homes, hospitals, sanitoria, eleemosynary, philanthropic, or similar facilities, an appropriate number of qualified staff members are in-charge at any given time.

f.

That, in Residential Zones, the exterior features of an institution are compatible with the character of the surrounding neighborhood.

g.

Congregate living facilities and personal care facilities for the elderly or physically handicapped shall contain a minimum of five hundred (500) square feet of floor area for each unit. This includes an amount of common area large enough to provide a feeling of the entire building being a shared residence. This common area shall be designed with an abundance of natural light and visibility and residential type interior finishes, and a minimum of long hallways, tile floors, and institutional interior finishes. The common area shall include small sitting areas as well as dining recreation, large living area(s) with at least one (1) fireplace, and outside porches. There should be a special focus in these types of facilities on providing psychological amenities to maintain dignity for the residents. This extends to a need for a generous landscape plan keeping in mind the need for shade and comfortable walking areas.

h.

Accessory uses within a congregate living or personal care facility may include recreational and educational services, therapy areas, retail store, and personal and professional services, provided that use of these facilities is limited to on-site residents and their guests. If public use of these services is made available, then parking and other zoning considerations shall be calculated for each specific use.

i.

The site location for congregate living and personal care facilities shall have adequate accessibility to public transportation, medical service, shopping areas, recreational and other community services frequently desired by elderly and handicapped persons.

(4)

A preponderance of evidence of record indicates that:

a.

A need exists for the proposed health, eleemosynary, philanthropic institution, congregate living facility, or personal care facility for the elderly or physically handicapped, for service to the population in the community considering the present availability of such use to the community.

b.

A need exists for the proposed health, eleemosynary, philanthropic institution, congregate living facility, or personal care facility for the elderly or physically handicapped, due to an insufficient number of similar uses presently available to serve existing population concentrations in the City.

c.

The activity at the proposed location will not result in a multiplicity or saturation of similar uses in the same general neighborhood of the proposed health, eleemosynary, philanthropic institution, congregate living facility, or personal care facility for the elderly or physically handicapped.

(c)

The lot, parcel or tract of land, on which the building or buildings to be used by such institution are located, must conform to the minimum area, frontage, setback green-space, and building coverage of the appropriate zone, and off-street parking shall be provided according to the requirements of Division 6, Parking and Loading Facilities, of this article.

(d)

Should any section, subsection, clause or phrase of this enactment be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of the enactment in its entirety or of any part thereof other than that so declared to be invalid.

(e)

The percentage of green space for a congregate living facility, or personal care facility for the elderly or physically handicapped site, shall be dictated by the zone in which it is located in but shall be a minimum of forty-five (45) percent. Special consideration may be given for immediate accessibility to permanent public green space and/or private green space protected by a permanent easement.

In the I-RTP Zone, subject to the requirements therein.

Housing for senior and handicapped persons shall be allowed as special exception uses in the following zones:

(a)

In the R-5, R-55, R-20, R-T, R-30, R-18, R-10, and R-H residential zones and also in the C-N, C-C, C-G, C-V, O-B, and I-RTP zones.

(b)

In addition to the criteria contained in Section 20-21.1 of this article, the Board of Appeals shall consider the bulk and scale of the proposed project, in relation to the character of the surrounding neighborhood.

(c)

In I-RTP and O-B zones, the Board may approve an application if it finds that the proposal represents a transition between residential uses or other adjacent uses located within the neighborhood.

(d)

Senior and handicapped housing projects may contain uses permitted by right if the underlying zone, subject to parking and other yard regulations.

(e)

In each respective zone, the Board of Appeals may consider waivers relating to area, yard, parking, and height requirements to encourage the provision of housing for senior and handicapped citizens.

(f)

If the proposed project is located within one (1) of the Historic Districts, an application to the Historic District Commission shall be submitted and approved as a concept plan before the application is heard by the Board of Appeals.

(g)

The minimum size for any parcel of land on which housing for senior and handicapped citizens shall be located shall be one (1) acre.

(h)

The Board of Appeals shall require, as a condition to the granting of a special exception for housing for senior and handicapped person, that the owner of the property on which the housing is to be located file a declaration of covenants in the land records which references the special exception, and which requires that the housing may only be used in accordance with the special exception unless otherwise approved by the Board of Appeals. The declaration shall expressly require that any lease for the rental of any unit of housing for senior and handicapped persons shall include an express provision that such unit shall be leased and occupied in conformance with the provisions of this chapter relating to housing for senior and handicapped person. The declaration shall further provide that in the event that the residents of any unit of housing for senior and handicapped persons cease to qualify pursuant to the provisions of this article, such residents shall promptly cease such occupancy of such unit. The declaration shall also provide that its terms may be enforced by the City of Laurel as well as any owner of property in the project or any resident of the project. The declaration shall be subject to review by the City Solicitor for conformance with the provisions of this subsection.

(Ord. No. 1960, 10-26-2020)

In the Industrial General (I-G) Zone subject to the following conditions:

(a)

That adequate measures shall be taken to ensure that no loaded firearms will be brought into or taken out of the buildings except by law enforcement officers or others legally authorized by permit to carry a loaded firearm.

(b)

That the consumption or possession of alcoholic beverages on the premises is prohibited.

(c)

That such ranges are constructed in such a manner as to eliminate danger to persons or property from flying projectiles.

(d)

That the manner and times of operation shall be such as determined by the Board of Appeals, that there will be no resulting detrimental disturbances to neighboring uses.

(e)

That such ranges shall be used for training or recreational programs only.

(f)

That the following parking shall be provided in lieu of parking required by Division 6, Parking and Loading Facilities, of this article:

(1)

One (1) space per firing position; and

(2)

An additional one (1) space for every two (2) employees.

(3)

The Board of Appeals may reduce these parking requirements in situations where shared parking is appropriate.

(g)

That the Board of Appeals may revoke the special exception, after proper notice and hearing upon a finding that any substantial violation, or repeated minor violations of any of these conditions or of any other law applicable to such facilities have occurred.

In the Industrial General (I-G) Zone, subject to the following conditions:

(a)

That the use must provide sanitary facilities for the use of customers and clients during the times when, in addition to normal operating hours, when clients might be expected to need such facilities.

(b)

The use must operate to accommodate client demand, and must not have clients congregate outside the building, block any driveways or other access points.

(a)

In the PDA-E zone, but only in those areas of a PDA-E zone designated primarily for Industrial Research and Technology Park uses, interim limited retail uses, as described herein, may be allowed, upon a finding, in addition to the requirements of Sections 20-21.1 and 20-22.1, that:

(1)

The interim limited retail use proposed for such locations be a specialty in nature, having the characteristics of low or off-peak traffic and parking generation needs, such as, but not limited to, apparel, sporting goods (but not the sale of guns), crafts, books, and other similar specialty stores. Such uses shall not include restaurants, convenience stores or any other use deemed to have parking requirements that exceed those permitted as main uses within the Industrial Research and Technology Park (I-RTP) zone, unless such excess parking requirements are generated only during periods in which the only uses in the building or complex are not in operation;

(2)

The commencement or continuation of permitted uses within the specific location is premature, or that the location has been rendered vacant, because of market conditions, or other extraordinary economic conditions beyond the control of the property owner; and

(3)

Such conditions or circumstances are only temporary in nature.

(b)

The special exception granted pursuant to this section shall be only for the specific use for which and the specific user for whom it was granted, and shall not constitute a permanent land use.

(c)

Any special exception granted pursuant to this section shall cease automatically upon the happening of the first to occur of any of the following events:

(1)

Five (5) years after the granting of the special exception; or

(2)

The termination of the tenancy or occupancy of the premises of the tenant to whom the special exception is granted.

(d)

If the special exception is requested for more than five (5) years based on the existence of a lease with an initial term of longer than five (5) years, satisfactory proof thereof shall be presented by the applicant which shall include a certified copy of the original lease and any amendments thereto. Such lease shall contain provision that in the event of any amendment to the lease which shortens its initial term, the holder of the special exception shall notify the Board of Appeals within thirty (30) days of the date of such amendment, in which event the date of the special exception shall automatically be amended to coincide with the revised expiration date of the initial lease term. Failure to give such notification shall result in the automatic revocation of the special exception, unless waived by the Board of Appeals for good cause. In addition, the holder of the special exception shall certify annually to the Board of Appeals that there has been no change in the initial term of the lease. Failure to do so will result in revocation of the special exception by the Board of Appeals unless waived by the Board of Appeals for good cause.

(e)

The special exception shall not be transferred or assigned to any person or entity other than the applicant to whom it was granted.

(f)

Permitted accessory uses otherwise allowed in the PDA-E zone shall not be allowed as interim limited retail uses pursuant to this section.

(g)

No special exceptions may be granted pursuant to this section unless an application for such special exception is made on or before August 1, 1993.

In the I-RTP Zone, subject to the requirements therein, laboratories, medical, chemical and other similar scientific research and testing facilities involving biological genetic, or similar types of research and testing.

(a)

Conditions under which limited professional uses are permitted:

(1)

When a two-family or multiple-family dwelling in the R-20, R-30, or R-18 Zone immediately abuts, along its side lot line, a lot zoned for any Commercial or Industrial use.

(2)

When a lot containing a multiple-family dwelling in the R-30 or R-18 zone has an area of no less than three (3) acres and adjoins land zoned for any commercial or industrial use whether within or outside the corporate limits of the City of Laurel.

(3)

When a lot containing a multifamily dwelling in the PUD-E, R-10, or R-H zone abuts a street carrying more than ten thousand (10,000) vehicles per day as determined from the most recent available traffic data and is located at least two hundred (200) feet from land zoned or proposed to be zoned R-5, R-55, or R-T.

(b)

In addition to conditions outlined in subsection (a).

(1)

Limited professional uses are uses practiced by members of recognized professions. Examples of limited professional uses include, but are not limited to, physicians, dentists, accountants, attorneys, engineers, surveyors, realtors, architects, and other occupations recognized as professions due to either education or licensing.

(2)

In the case of two-family dwellings in the R-20, R-30, and R-18 zone, such uses shall occupy not more than fifty (50) percent of the total floor area of the building. In the case of multifamily dwellings in the R-20, R-30, and R-18 zone, such uses shall occupy not more than twenty-five (25) percent of the total floor area. In the case of two-family or multifamily buildings, in the R-10, R-H, and PUD-E zones, such uses shall not occupy more than ten thousand (10,000) square feet, or twenty-five (25) percent of the total floor area, whichever is greater.

(3)

In the R-20, R-30, and R-18 zone, such uses shall not be located above the ground level floor and shall be so located, constructed and sound controlled as to protect tenants of the building from noise, odor, and office traffic.

(4)

The exterior of the premises shall not be changed or altered, nor shall any name plate or other sign exceeding two (2) square feet in area be displayed on the premises except as provided in Division 7, Signs and Advertising Structures, of this article.

(5)

There shall be provided sufficient "reserved" parking spaces during hours of operation to accommodate patients, clients, and visitors.

(6)

The Board of Appeals shall have found that such use will not constitute a nuisance because of noise, traffic, or physical activity, and will not tend to affect adversely the use and development of neighboring properties and the general neighborhood.

In a C-G, C-SH, or C-V zone, liquor stores may be allowed, upon a finding, in addition to the requirements of Sections 20-21.1 and 20-22.1 that:

(a)

The use will not constitute a nuisance because of noise, illumination, or physical activity in the location proposed.

(b)

The use at the proposed location will not create a traffic hazard or traffic nuisance because of its location, the necessity of turning movements in relation to its access to public roads and intersections, or its location in relation to other buildings nor proposed buildings on or near the site and the traffic patterns from such buildings, or cause frequent turning movements across sidewalks and pedestrian ways, thereby disrupting pedestrian circulation within a concentration of retail activity.

(c)

Pre-empt frontage on any highway or public road in such a manner so as to substantially reduce the visibility and accessibility of an interior commercial area zoned or proposed for commercial use which is oriented to the same highway or public road.

(d)

When such use abuts a residential zone or institutional premises not recommended for reclassification to a Commercial or Industrial Zone on an adopted Master Plan and is not effectively screened by a natural terrain feature, the use shall be screened by a solid wall or a substantial, sightly, solid fence, not less than five (5) feet in height, together with a planting strip on the outside of such wall or fence, planted in shrubs and evergreens three (3) feet high at the time of original planting and which shall be maintained in good condition. Location, maintenance, vehicle sight distance provisions, advertising, and parking areas pertaining to screening shall be as provided for in other sections of this article.

(e)

Signs, if erected, shall be in conformance with Division 7, Signs and Advertising Structures, of this article, and such signs, product displays, parked vehicles and other obstructions which adversely affect visibility at intersections or at entrances and exits to and from such use shall be prohibited.

(f)

Lighting, including permitted illuminated signs, shall be arranged so as not to reflect or cause glare into any Residential Zone.

(g)

When such use occupied a corner lot, the ingress or egress driveways shall be located at least twenty (20) feet from the intersection of the front and side street lines of the lot, as defined in Section 20-1.7.

(h)

A preponderance of evidence of record indicates that:

(1)

A need exists for the proposed liquor store for service to the population in the community considering the present availability of such use to the community.

(2)

A need exists for the proposed liquor store due to an insufficient number of similar uses in the same general neighborhood of the proposed use.

(i)

The special exception shall be conditioned on the granting of the appropriate liquor license by the Board of License Commissioners for Prince George's County within the time specified by the Board of Appeals.

(j)

The special exception shall terminate upon the occurrence of any one (1) of the following events:

(1)

The termination of the required Prince George's County liquor license;

(2)

The revocation of such license; or

(3)

The suspension of such license for more than thirty (30) days.

(k)

The application must include normal days and hours of operation.

(l)

A circulation and traffic analysis is required of all applications.

(m)

Specific details for lighting, receptacles for trash, and a policy for litter control must be submitted with the application.

(n)

The windows of the establishment cannot contain more than ten (10) percent coverage by signs and advertising.

(o)

The application must also include a detailed landscaping plan, in addition to other landscaping requirements, including all loading areas, expected delivery times, dumpster location, and screening details.

(p)

The facility shall include the installation of security cameras, to include video, both interior and exterior. The exterior cameras shall be high resolution, with low lux, or similar night vision capability. Video must be maintained on site and secured for forty-five (45) days.

(Ord. No. 1966, 1-25-2021)

In any C-G, C-SH, or C-V zone, a motel/hotel, upon a finding by the Board of Appeals that such use will not constitute a nuisance because of noise, sanitary conditions, or traffic and will not adversely affect the present character or future development of the surrounding residential community and that such use of land shall conform to the following requirements:

(a)

Minimum area and frontage requirements.

(1)

Minimum one thousand (1,000) square feet per sleeping unit.

(2)

A lot, parcel, or tract of land to be so used shall have a frontage of not less than one hundred fifty (150) feet on an arterial roadway.

(b)

If the land to be so used abuts the property line of a lot, parcel, or tract of land developed for residential purposes, a substantial, sightly fence, not less than six (6) feet in height, shall be constructed and maintained along the full length of such abutting property line.

(c)

No building, structure, or parking area shall be located less than fifty (50) feet from the nearest property line; except that, when the land to be so used abuts the property line of a lot, parcel, or tract of land in either a Commercial or Industrial Zone, said building, structure or parking area may be constructed not less than twenty-five (25) feet from the property line abutting such land in a commercial or industrial zone. No building, structure, or parking area shall be located less than two hundred (200) feet from any existing dwelling nor less than one hundred fifty (150) feet from the centerline of any highway, street, road or other public right-of-way.

(d)

Each transient guest room or unit shall be provided with its own toilet and washroom.

(e)

Each application for special exception shall be accompanied by two (2) copies each of the following maps or plats:

(1)

An accurate map, drawn to an indicated scale no smaller than one (1) inch equals two thousand (2,000) feet, showing the subject property and its vicinity and such accurate measurements and distances as may be necessary to locate and identify said property.

(2)

An accurate plat or plot plan, drawn to an indicated scale no smaller than one (1) inch equals fifty (50) feet, on which the following information shall be provided:

a.

Meets and bounds description of all property lines.

b.

Location and proposed use of all buildings and structures (including swimming pool, if any).

c.

Location and total number of parking spaces.

d.

Location, width, and surface of all interior roads and/or drives and all points of ingress and egress.

e.

All setbacks or other distances required under this section.

f.

Each application for special exception shall also state the total number of guest rooms or units proposed.

g.

Such additional information as the Board of Appeals may deem necessary.

(f)

Special conditions, such as but not limited to planting and other landscaping, additional setback from property lines, additional parking, location and arrangement of lighting and signs, and other reasonable requirements deemed necessary to safeguard the general welfare and interest of the community, may be imposed by the Board of Appeals as requisite to the grant of special exception.

(g)

A standard restaurant or coffee shop may be maintained as a separate, detached accessory use in the C-G zone, in connection with a motel/hotel provided that the standard restaurant meets the setback requirements for the main building as set forth in Section 20-7.10 and the facility property shall have not less than fifty (50) guest rooms available for occupancy. Parking for such restaurant shall comply with the requirements of Division 6, Parking and Loading Facilities, of this article and shall be in addition to that required for the motel/hotel.

(h)

The following accessory uses which are incidental to a motel/hotel may be planned and developed integrally with the main building provided: that there are no direct entrances from the street or parking lot to these businesses; that no signs or other evidence indicating the existence of such businesses are visible from outside of the building other than a business identification sign which shall not exceed six (6) square feet in area; that such use has no injurious effect on adjoining use districts; that the total of all such accessory uses specified herein be limited to a maximum of twenty (20) percent of the total ground floor area; and that such accessory uses shall be limited to the following:

(1)

Barber/beauty salon.

(2)

Standard restaurant/lounge.

(3)

Newspaper/magazine sales.

(4)

Greeting cards and gifts.

(5)

Pharmacy/drug store.

(6)

Dry cleaning and laundry-pickup only.

(7)

Airline ticketing counter, travel agency.

(8)

Messenger and telegraph services.

In a C-G zone, a newspaper publishing establishment or printing office, when the Board of Appeals finds the proposed use will not create noise, dust, or vibration that will affect adversely or be detrimental to other businesses, buildings, or occupants thereof, on adjacent properties.

(a)

In any residential zone and in the O-B zone, a public utility use, or structure, when the Board finds that:

(1)

The proposed use at the location selected is necessary for public convenience and service and cannot be supplied with equal public convenience, if located elsewhere.

(2)

The proposed use at the location selected will not endanger the health or safety of workers or residents in the community and will not impair or prove detrimental to neighboring properties or the development thereof.

(b)

Public utility buildings and structures, in any residential zone shall, whenever practicable, have an exterior appearance harmonious with the general character of the neighborhood and shall have landscaping, screen planting, or fencing, whenever these are deemed necessary by the Board of Appeals.

(c)

Signs in connection with a public utility use or structure shall be governed by the provisions of Division 7, Signs and Advertising Structures, of this article.

(d)

Off-street automobile parking space shall be provided in accordance with the provisions of Division 6, Parking and Loading Facilities, of this article.

(e)

In residential zones, the following public utility uses or structures may be permitted:

(1)

Buildings and structures for the housing of switching equipment and regulators, stationary transformers, and similar facilities;

(2)

Telephone central offices shall be located only in R-18, R-10, and R-H zones. Telephone business offices, power plants, storage yards, and similar commercial and industrial uses shall be excluded from any residential zone.

(3)

Public transit or transportation rights-of-way and stations (not including car barns, bus storage yards, roundhouses, freight yards, or similar uses).

(4)

Power transmission line rights-of-way, towers, and similar facilities; except that in public airport approach zones or areas, the height of any overhead lines, towers, and poles shall conform to regulations of the Federal Aeronautics Administration (FAA) or other governmental agency having jurisdiction there over;

(5)

Radio or television transmitter towers or stations, excluding commercial studios, but any such tower shall be located a distance equal to its height plus fifty (50) feet from all bounding lot or street lines; except that such uses shall be excluded from airport approach areas.

In the R-5 Zone, subject to the requirements therein.

In any C-C zone, a baseball, football, or boxing stadium or an arena, race track, swimming pool, outdoor motion picture theatre, or other recreational establishment of a commercial nature. In a C-C zone, indoor recreational establishments of a commercial nature.

(Ord. No. 1960, 10-26-2020)

In the I-RTP zone, subject to the requirements therein, not to include carry-out, drive-in, or fast food restaurants.

In the General Industrial (I-G) Zone, subject to the requirements therein:

(a)

The use shall not include provisions for adult entertainment facilities, as contained within Section 20-22.5, unless a separate special exception application is filed separately, or in conjunction with the provisions of Section 20-22.59.

(b)

The use shall operate under hours of operation established by the Board of Appeals, and no loitering after daily closure shall be permitted.

(c)

The provision of adequate parking shall be determined by the Board of Appeals as a condition of the granting of any special exception for this use.

(d)

The premises shall be sufficiently noise insulated as to confine any exterior noise to residential noise standards for commercial or industrial uses, especially is residential development is located nearby.

(e)

The use must operate under any and all condition imposed upon the license granted by the Prince George's County Board of License Commissioners.

(f)

The Board of Appeals may impose conditions such as police presence inside and outside the premises if conditions warrant.

(g)

The approval of such use is subject to an annual review, and analysis of crime or other activity, which would allow the Mayor and City Council to comment or object to the licensing of such establishment by the Prince George's County Board of License Commissioners.

(h)

The annual review of such use is subject to the provisions of Subsection 20-21.2(e), revocation, contained within the Zoning Regulations.

In the R-H zone, retail sales and consumer service establishment's incidental to and located within a multiple-family structure, subject to the following provisions:

(a)

The lot upon which the multiple-family structure is located shall have an area of not less than five (5) acres.

(b)

The total floor area devoted to such establishments shall not exceed six (6) percent of the gross floor area of all of the buildings in the development located on the lot.

(c)

Establishments shall be limited to drug store, newsstand, barber shop, beauty shop, valet service, restaurant, and delicatessen for service to the residents of the building or project.

(d)

Establishments shall be so located, constructed, and sound controlled as to protect tenants of the building from noise, traffic, and interference with privacy.

(e)

All such establishments shall be located in a single building floor which is not above ground level, except that a restaurant may be permitted on the top floor of the same building.

(f)

There shall be no separate entrance to any such establishments directly from outside the building, nor shall any signs, displays, or other evidence indicating the existence of such establishments be visible from outside the building.

(g)

No deliveries shall be made by the establishments except to occupants on the project site.

(h)

The Board of Appeals shall have found that such use will not constitute a nuisance because of noise, traffic, or physical activity, and will not tend to affect adversely the use and development of neighboring properties and the general neighborhood. In the R-10 zone, subject to the requirements of Section 20-6.9 and those enumerated (as applicable) above.

In an R-5 zone, a golf driving range or miniature golf course, if adjacent areas are predominantly, undeveloped, as a temporary special exception.

In the I-G and R-5 zones, the use of vacant land for any or all of the purposes or uses mentioned in the catch line of this section, subject to the following conditions that:

(a)

There shall be no use of heavy machinery for washing, refining, or other processing, or manufacturing. The use of heavy machinery for extraction and removal of natural material or deposits from the site is permissible;

(b)

The extraction and removal operation of natural material or deposits from the site shall not be noxious, offensive, or otherwise objectionable by reason of dust, smoke, noise, or vibration, in zones where special exceptions may be granted for these purposes or uses;

(c)

The land areas exposed by the extraction and removal of natural materials or deposits shall be left suitable for development purposes. A final grading plan shall be submitted, showing the existing exposed ground elevations of the site, of the land immediately adjacent thereto, and of all bounding streets and roads. Exposed land area shall not have a slope greater than three (3) to one (1).

(d)

Special exceptions shall be limited to a period not exceeding five (5) years. All applications for special exceptions shall be accompanied by a map or plat, showing the area proposed to be included in the pit or quarry, and an estimate of the time required for the removal of the material.

(a)

Small wind energy systems are subject to the use restrictions of the various zoning districts throughout the City.

(b)

Provisions, regulations, and conditions for small wind energy systems are as follows:

(1)

Maximum rated capacity. More than one (1) small wind energy system may be placed on a property; however, the combined rated capacity of all systems on a property may not exceed one hundred (100) kilowatts in the following districts: I-CS, I-G, and I-RTP. The combined rated capacity of all small wind energy systems may not exceed ten (10) kilowatts in the R-5, R-55, and R-MD districts.

(2)

Minimum yard requirement (setback). The base of the tower shall be set back from all adjacent property lines, public rights-of-way, and public utility lines a distance equal to 1.1 times the total height. A turbine may be located closer to a property line if the abutting property owner grants appropriate easements. Notwithstanding the provisions of Section 20-5.2 of this article, a variance to the setback from adjacent property lines may not be granted by the Board of Appeals.

(3)

Total height. For property sizes between one-half (½) acre and one (1) acre the tower height shall be limited to eighty (80) feet. For property sizes of one (1) acre or more, there shall be no specific height limitation, except as may be imposed by Federal Aviation Administration regulations, as long as the total height meets setback requirements.

(4)

Noise. Sound produced by the system under normal operating conditions, as measured at the property line, shall not exceed fifty-five (55) dba. This sound level may be exceeded during short-term events such as utility outages and/or severe windstorms.

(5)

Appearance. Wind turbines shall be painted in a non-obtrusive color such as the manufacturer's default color option or a color that conforms to the environment and architecture of the community.

(6)

Compliance with Building Code. Systems must obtain a building permit and must comply with all applicable requirements of the International Building Code. A manufacturer's specification sheet including a photograph of the system shall accompany the application for the building permit.

(7)

Inspections. A final inspection of the installation, including an electrical inspection, is required before a system may be activated.

(8)

Requirement for engineered drawings. Building permit applications for small wind energy systems shall be accompanied by standard drawings of the system and stamped engineered drawing of the tower, base, footings, and/or foundation (with consideration given to specific soil conditions) as provided by the manufacturer. Wet stamps shall not be required.

(9)

Compliance with Federal Aviation Administration Regulations. Small wind energy systems must comply with FAA regulations described in FAR Part 77 of the FAA guidance on airspace protection.

(10)

Compliance with National Electric Code. Electrical permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components, as supplied by the manufacturer, in sufficient detail to allow for a determination that the manner of installation confirms to the National Electrical Code. Wiring and power lines shall be wireless or underground whenever possible.

(11)

Net energy metering. Small wind energy systems connected to the utility grid must comply with the Maryland Net Metering Laws (Maryland Code, Public Utility Companies Article, Section 7-306).

(12)

Public Service Commission. A property owner seeking to install a small wind energy system must comply with all requirements of the Maryland Public Service Commission and provide written documentation of such with the building permit application.

(13)

Unsafe or abandoned systems. If a system is found to be unsafe by the Building Official, the system must be repaired and made code compliance within thirty (30) days of notification of the property owner. A system that is unused or abandoned for a period of more than twelve (12) months shall be ordered by the Building Official to be made operational or removed within thirty (30) days of such order.

(14)

Signage. No signs or advertising shall be displaced on any part of a system, other than the manufacturer or installer's identification and appropriate safety warning signs.

(15)

Lighting. No illumination of the system shall be permitted unless required by the FAA, or unless the tower is also used for street or parking lot lighting, or some similar compatible use.

(16)

Safety. Towers shall not be equipped with steps or other devices to allow or assist climbing up to twelve (12) feet above ground level. Appropriate warning signs shall be displaced on the system.

In a residential zone, a community swimming pool, including a pool maintained as an accessory use in connection with an apartment development for the sole use of apartment tenants and their guests, subject to the following conditions:

(a)

The swimming pool, including the apron, filtering and pumping equipment and any buildings, shall be at least seventy-five (75) feet from the nearest property line and at least one hundred twenty-five (125) feet from any existing dwelling on an adjoining property except that where the lot upon which it is located abuts land in a commercial or industrial zone, such pool may be constructed not less than twenty-five (25) feet from the nearest property line of such land in a Commercial or Industrial Zone.

(b)

When the lot on which any such pool is located abuts the rear or side lot line of, or is across the street from, any land in a Residential Zone, a substantial sightly wall, fence or shrubbery shall be erected or planted so as to effectively screen the pool from view from the nearest property of such land in a residential zone.

(c)

Off-street parking shall be provided in accordance with requirements of Division 6, Parking and Loading Facilities, of this article.

(d)

The use of any radio, recording device, public address system or other speaker shall be restricted solely to that necessary for safety purposes and shall not be used for the playing of music or other entertainment.

(e)

The Board may, at its discretion, and for the protection of the health, safety, morals, and general welfare of the community, require such additional conditions as it deems necessary, including, but not limited to, provision for additional fencing or planting or other landscaping; additional setback from property lines; parking space; location and arrangement of lighting; and other reasonable requirements.

In the I-RTP Zone subject to the requirements therein.

In any Residential Zone, a temporary structure, including wayside stands for the sale of farm products grown or produced on the premises, temporary tool sheds, or contractor storage buildings in connection with a construction project, and temporary real estate signs. No wayside stand shall be governed by the provisions of Division 7, Signs and Advertising Structures, of this article. A temporary building, such as contractor's office, taxi stand, and similar structure, occupied by workers, shall be equipped with sanitary facilities unless otherwise available on the premises.

In an O-B Zone, an indoor theatre.

As listed in the respective zones, subject to the requirements therein.

In the C-C, C-G, C-SH, and C-V zones, video stores, subject to the following conditions:

(a)

No drop boxes for video returns shall be permitted except with the express approval of the Planning Commission as to their location, in conjunction with site plan approval. The Planning Commission shall specifically consider such factors as traffic flow and vehicular and pedestrian safety when considering whether or not to allow drop boxes, and if allowed, the Planning Commission shall specify their location and may impose any other conditions regarding their installation and use in the interest of traffic flow and vehicular and pedestrian safety.

(b)

All parking requirements, including those specifically relating to video stores pursuant to Division 6 of this article, shall be complied with. The Board of Appeals, upon recommendation from the Planning Commission, may modify the parking requirements for this use if:

(1)

The proposed use is located within the village zone, or other officially designated modification zone approved by the Mayor and City Council.

(2)

The proposed use is located within an integrated shopping center or commercial complex of stores and service establishments; provided that the Board of Appeals shall make a finding that the adjacent stores within such center have parking demands that do not create an undue concentration of high activity uses within the immediate vicinity of the proposed video store.

As listed in the respective zones, subject to the requirements therein.

(a)

Licensed premises of a licensed dispensary of cannabis requiring a special exception, as defined in the Code of Maryland Regulations ("COMAR"), Section 10.62.01.01, shall comply with the following requirements:

(1)

The subject premises shall not be located within five hundred (500) feet of the lot line of a public or private school, or real property owned by the Prince George's County Board of Education, or a house of worship; within five hundred (500) feet of a pre-existing licensed childcare center or registered family childcare home; or within five hundred (500) feet of a playground, recreation center, library, or public park.

(2)

Vehicular access shall be directly from an arterial or higher classification road.

(3)

"No Loitering" signs shall be conspicuously posted in all parking areas serving the dispensary.

(4)

The subject premises shall not be located within one thousand (1,000) feet of any other licensed premises of a licensed dispensary of cannabis located within the City limits of the City of Laurel.

(5)

The subject premises shall not allow the display of unpackaged cannabis to be visible to its customers or the general public.

(6)

The premises may not have an on-site physician for the purpose of issuing written certifications for medical cannabis.

(7)

A premises may sell cannabis with applicable special exception application approval.

(8)

A licensed dispensary of cannabis for medical use that obtained special exception approval from the City of Laurel on or before January 1, 2023, will be able to sell personal non-medical cannabis without approval of a new special exception.

(b)

Any licensed premises of a licensed dispensary of cannabis that wishes to include a drive-thru window may be allowed to do so, subject to approval of a special exception, which, in addition to the general requirements for a special exception as set forth in Section 20-21, shall demonstrate to the satisfaction of the Board of Appeals, the following:

(1)

The use shall not constitute a nuisance due to noise, illumination, fumes, odors, physical activity, or other factors in the location proposed;

(2)

The use at the proposed location shall not create a vehicular or pedestrian traffic hazard or traffic nuisance at its location;

(3)

The use shall not pre-empt frontage on any highway or public road in such manner so as to substantially reduce the visibility from, or prevent reasonable accessibility to a public or private right-of-way;

(4)

When such use abuts a residential zone, institutional premises not recommended for reclassification to commercial, or industrial zone on an adopted Master Plan the use shall be screened by either:

a.

A substantial, sightly, and solid wall or fence, not less than six (6) feet in height, together with a minimum four-foot planting strip on the outside of such wall or fence, planted in shrubs and evergreens at least three (3) feet high at the time of original planting; or

b.

A natural terrain feature that provides screening that is equally effective as the previously described wall or fence and planting strip; either of which shall be maintained in good condition.

(5)

Location, maintenance, vehicle sight distance provisions, advertising, and parking areas pertaining to screening shall be as provided for in other sections of these regulations.

(6)

Signs, if erected, shall be in conformance with Division 7 of this article, and such signs, product displays, and any other obstructions which adversely affect visibility at intersections or at entrances and exits to and from such use shall be prohibited.

(7)

Lighting, including illuminated signs that may be permitted as set forth in Section 20-17, shall be arranged so as not to reflect or cause glare into any property within a residential zone.

(8)

When the proposed use occupies a corner lot, the ingress or egress driveways shall be located at least twenty (20) feet from the intersection of the front and side street lines of the lot, as defined in Section 20-1.7.

(Ord. No. 1862, 2-8-2016; Ord. No. 1966, 1-25-2021; Ord. No. 2012, 10-23-2023)

(1)

Definitions. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this Section 20-22.73 shall govern the construction, meaning and application of words and phrases as used in this section. In the interpretation and construction of Section 20-22.73, all words not specifically defined in this section or elsewhere in the City Code, have the meanings or definitions ordinarily ascribed to them in a standard dictionary, unless any such meaning or definition is inconsistent with the acts of the legislature, the decisions of the courts of the State, law or with the manifest intent of the City Council, or the context clearly requires otherwise. For the purpose of this Section 20-22.73, the following words and phrases shall have the meanings respectively ascribed to them:

Body art. The practice of physical body adornment by permitted establishments and practitioners using, but not limited to, the following techniques: body piercing, tattooing, cosmetic tattooing, branding, and scarification. This definition does not include practices that are considered medical procedures by the State of Maryland, such as implants under the skin, which procedures are prohibited.

Body art establishment, tattoo parlor/body piercing studio or establishment. A location, place, venue or business, whether permanent or temporary, or mobile, that has been granted a special exception by the City of Laurel Board of Appeals where the practices of body art are performed, whether or not for profit.

Body piercing. The penetration or puncturing of the human skin by any method for the purpose of inserting jewelry or other objects in or through the body or portion thereof. Body piercing does not include the piercing of the outer perimeter or the fatty lobe part of the ear using a pre-sterilized single-use stud-and-clasp ear-piercing system. The piercing of any other part of the ear or the use of any other procedure shall be considered body piercing.

Certificate of inspection. Written approval from the City that the tattooing establishment has been inspected and meets all the requirements of this article relating to physical facilities, equipment and layout for the operation of a tattoo establishment.

Employee. Any person over eighteen (18) years of age, other than an operator, who renders any service in connection with the operation of a body art establishment and receives compensation from the operator of the business or its patrons.

Operator. Any individual, firm, company, corporation or association that owns or operates a body art establishment where tattooing and/or body piercing is performed and any individual who performs or practices the art of tattooing or body piercing on the person of another.

Patron. Any person over eighteen (18) years of age who receives a tattoo or body piercing at a body art establishment and any person under the age of eighteen (18) who receives semi-permanent body piercing at a body art establishment provided that the minor is accompanied by his/her parent or legal guardian, the parent or legal guardian is present at the time the service is performed and the parent or legal guardian has provided written consent to the service being performed.

Tattoo, tattooed and tattooing. Refers to any method of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instruments designed to touch, penetrate or puncture the skin.

(2)

Violations and penalties. Any person, firm or corporation violating any of the provisions of this Section 20-22.73 shall be subject to the provisions of the Uniform Land Development Code, Section 20-3, Violations and Remedies.

(3)

Conflict between Section 20-22.73 and Federal or State law. In the event of a conflict between any provision of this Section 20-22.73 and any provision of Federal or State law, rule or regulation, the applicable Federal or State law shall prevail, unless the provision of Section 20-22.73 is stricter, in which case Section 20-22.73 shall prevail.

(4)

Severability. If any clause, sentence or provision of this Section shall be declared invalid by a court of competent jurisdiction, such declaration shall not affect the remaining provisions hereof.

(5)

Health and sanitary requirements. Each body art establishment shall comply with the following requirements:

(a)

There must be a separate work area and waiting area for the customers.

(b)

The establishment must be well-ventilated and have adequate lighting.

(c)

The work area must have a clean sink and basin, with running cold and hot water.

(d)

The room(s) in which tattooing is done shall have an area of not less than one hundred (100) square feet. The walls, floors and ceilings shall have an impervious, smooth and washable surface. The room must be constructed in a manner that allows easy cleaning (ie, walls and ceilings must be light in color and the floors must not be carpeted (because it absorbs blood)).

(e)

The body art establishment must have a clean and working toilet and sink (lavatory). The lavatory(s) shall be accessible at all times that the establishment is open for business. The lavatory shall be supplied with hot and cold running water, soap and sanitary towels.

(f)

Each person performing body art must have his or her own work tables, chairs and own set of cabinets for instruments, dyes and/or single-use articles.

(g)

The furnishings in the establishment (work tables, countertops and chairs) must be made of nonabsorbent, corrosive resistant and smooth material that is easily sanitized. All tables and other equipment shall be painted or finished in a light color with a smooth, washable finish and shall be separated from waiting customers or observers by a panel at least six (6) feet high or by a door. Work tables and chairs must be sanitized with a bactericidal solution after each client.

(h)

The entire premises and equipment shall be maintained at all times in a clean, sanitary condition and in good repair.

(i)

Before starting a tattooing procedure, the person performing the tattoo must first remove all watches, bracelets and rings and inspect his or her hands for hangnails, cuts and sores. All cuts and sores must be bandaged, and fingernails trimmed, before tattooing. The person shall then wash his/her hands thoroughly with antibacterial soap and water, using a hand brush, before starting to tattoo. Hands shall be dried with a blow drier or an individual single-use towel.

(j)

Persons with diarrhea, vomiting, fever or rash or skin infections shall not perform body art procedures.

(k)

No tattooing shall be done on any skin surface that has a rash, pimples, boils or infections or manifests any evidence of any other unhealthy condition.

(l)

A separate bin for hazardous waste must be located in each workplace of the body art establishment. Do not dispose of household waste in this bin. There must be a separate waste bin for household waste in the waiting area and work area. Hazardous waste and sharps waste shall not be placed in this waste bin. Another separate bin exclusively for sharps must be located in each workplace of the establishment. The bin for sharps must be solidly built have puncture-resistant and leak-proof walls, and must have a narrow mouth and be sealable. The sharps bin must be conspicuously marked. Hazardous and sharps waste must be collected and disposed of by a licensed medical waste disposal provider.

(m)

All implements that will be in contact with a patron's skin and blood must be of single-use, or can be completely sterilized as provided for herein. However, a new and sterile needle shall be used on each patron. All needles and safety razors shall be disposed of in a sharps waste bin.

(n)

Forceps shall be used to attach and remove tattoo needles into the machine.

(o)

Safety razors with new single-surface blades for each customer or patron or a straight-edged razor may be used and shall be thoroughly cleaned and sterilized before use on each customer or patron. Additionally, disposable single use razors may be used.

(p)

The area to be tattooed or pierced shall first be thoroughly washed for a period of two (2) minutes with warm water to which has been added green liquid soap. A sterile single-use sponge shall be used to scrub the area. After shaving and before tattooing or piercing has begun, a solution of seventy (70) percent alcohol shall be applied to the area with a single-use sponge which is used and applied with a sterile instrument.

(q)

Markers used to draw designs onto the patron's skin must be single-use only.

(r)

The use of styptic pencils, acetate stencils, alum blocks or other solid styptics to check the flow of blood is prohibited. Paper stencils shall be for single-use only and must be disposed of in the hazardous bin after each use.

(s)

Inquiry shall be made, and anyone giving a history of recent jaundice or hepatitis shall not be tattooed.

(t)

Single-service or individual containers of dye or ink shall be used for each patron, and the container therefor shall be discarded immediately after completing work on a patron, and any dye in which the needles were dipped shall not be used on another person. Excess dye or ink shall be removed from the skin with an individual sterile sponge or a disposable paper tissue which shall be used only on one (1) person and then immediately discarded. After completing work on any person, the tattooed area shall be washed with sterile gauze, saturated with a green soap solution or a seventy-percent alcohol solution. The tattooed area shall be allowed to dry and a sterile gauze dressing shall then be fastened to the tattooed area with adhesive.

(u)

All clean and ready-to-use needles and instruments shall be kept in a closed glass or metal case or storage cabinet when not in use. Such cabinets shall be maintained in a sanitary manner at all times.

(v)

A steam sterilizer (autoclave) shall be provided for sterilizing all non-disposable devices and similar instruments before use on any patron. Non-disposable devices and instruments must be first scrubbed in hot water and soap, and then sterilized in an autoclave. Sterilization of equipment shall be accomplished by exposure to live steam for at least thirty (30) minutes at a minimum pressure of fifteen (15) pounds per square inch at a temperature of two hundred forty (240) degrees Fahrenheit or one hundred sixteen (116) degrees Celsius.

(w)

The needles and instruments required to be sterilized shall be so used, handled and temporarily placed during tattooing and/or piercing that they will not be contaminated.

(x)

During work, tattoo artists must wear clean and single-use barrier protection and gloves to avoid contact and exchange of body fluids. The gloves and barrier protection must be changed after each patron and when they are punctured or cut. Used gloves and barrier protection shall be thrown away in the hazardous waste bin.

(y)

Employees shall wear barrier protection whenever handling hazardous and sharps waste.

(z)

All applicable Federal, State, County and City laws, regulations and rules, including, but not limited to, those rules and regulations of the Occupational Safety and Health Administration ("OSHA") and the Centers for Disease Control and Prevention.

(aa)

To obtain a certificate of inspection prior to opening and be subject to a quarterly inspection by the City.

(bb)

Hazardous and sharps waste must be collected and disposed of by a licensed medical waste disposal provider.

(6)

Records. Each tattoo establishment shall maintain permanent records for each patron. Before the tattooing operation begins, the patron shall be required personally to enter on a record form provided for such establishments the date, his or her name, his or her address, his or her age and his or her signature. The records shall also provide that the patron has not had any jaundice or hepatitis and, if so, the date of such jaundice or hepatitis. Such records shall be maintained in the establishment and shall be available for examination by the City. Such records shall be maintained by the tattoo establishment for a period of not less than two (2) years.

(7)

Infections to be reported. No patron having any skin infection or other disease of the skin or any communicable disease whatsoever shall be tattooed. All infections resulting from the practice of body art which become known to the establishment shall promptly be reported to the City by the operator of the establishment, and the infected patron shall be referred immediately to a physician.

(8)

Pigments and dyes. All pigments and dyes used in tattooing must be from bulk, commercially-packaged, single-use containers only. Pigments and dyes must be stored in an area away from toilets or other areas with high-contamination levels. All pigments, dyes. colors and any other material used in tattooing shall be sterile and free from bacteria, virus particles and noxious agents and substances, and the pigments, dyes and colors used from stock solutions for each patron shall be placed in a single-service receptacle, and such receptacle and the remaining solution shall be discarded after use on each patron.

(9)

Bandages and surgical dressings. All bandages and surgical dressings used in connection with body art shall be sterile.

(10)

Certain persons prohibited on premises. No establishment shall permit any person under the age of eighteen (18) years to enter upon or remain on the premises. Unless the person is accompanied by an adult who is a patron of the body art establishment and the person is located in a room separate from the room and/or area in which body art is being performed and is supervised by an adult. A State or Federally issued photo identification shall be required for all patrons of a body art establishment.

(11)

Persons prohibited to be tattooed. It shall be unlawful to tattoo the following:

(a)

Any person under the age of eighteen (18) years:

(b)

Any person under the influence of alcohol, drugs or controlled dangerous substances.

(12)

Alcoholic beverages prohibited. No person shall sell, give, dispense, provide or keep or cause to be sold, given, dispensed, provided or kept any alcoholic beverage on the premises of any establishment.

(13)—(15)

Reserved.

(16)

Special exception required. No person shall engage in or carry on the business of operating an establishment unless he has a valid special exception approval issued by the City of Laurel Board of Appeals pursuant to the provisions of City Code, Chapter 20, Division 10, "Special Exceptions" for each and every separate office or place of business conducted by such person within the City. A certificate of inspection shall be required for a use and occupancy permit for an establishment.

(17)

Additional requirements for special exception application for establishment. Any person desiring a permit to operate a body art establishment shall file a written application for a special exception with the City Department of Economic and Community Development on a form to be furnished by the Department. The applicant shall include with the application the correct permit fee and shall, in addition, furnish the following with his/her application:

(a)

The type of ownership of the business, i.e., whether individual, partnership, corporation or otherwise.

(b)

The name, style and designation under which the business or practice is to be conducted.

(c)

The business address and all telephone numbers of the business to be conducted.

(d)

The following personal information concerning the applicant if an individual, and concerning each stockholder holding more than ten (10) percent of the stock of the corporation, each officer and each director if the applicant is a corporation, and concerning the partners, including limited partners, if the applicant is a partnership, and concerning the manager or other person principally in charge of the operation of the business:

1.

Name, complete residence address and residence telephone number.

2.

The two (2) previous addresses immediately prior to the present address of the applicant.

3.

State or Federally issued photo identification shall be required as proof of age.

4.

Height, weight and color of hair and eyes.

5.

Diploma, certificate or other written proof of first aid training for the person who shall be directly responsible for the operation and management of the establishment.

6.

Certificate of comprehensive general liability insurance with coverage limits of not less than one million dollars ($1,000,000.00).

(e)

Authorization for the City, its agents and employees to seek information and for the special exception.

(f)

Written declaration by the applicant, under penalty of perjury, that the information contained in the application is true and correct, that the applicant will submit to a quarterly inspection by the City and the applicant will comply with all applicable Federal, State, County and City laws, rules and regulations, specifically including, but not being limited to, rules set by the Occupational Safety and Health Administration ("OSHA") and the Centers for Disease Control and Prevention, with said declaration being duly dated and signed.

(g)

Whether the applicant has operated a tattoo establishment and has had a license or permit denied, revoked or suspended by the approval authority within two (2) years prior to the date of the current application.

(18)

Sign required. Any establishment offering to perform body piercing shall post a sign conspicuously placed at the location where the body piercing is to be performed so that the sign is clearly visible to the patron, that states:

WARNING, BODY PIERCING IS A POTENTIAL HEALTH HAZARD. THE OPERATOR IS NOT LICENSED BY THE CITY OF LAUREL.

The sign shall have a white background with black lettering in all capitals, and each letter shall be a font (size) of at least one (1) inch.

(19)

Acknowledgment. Any establishment offering to perform body piercing shall require each patron to sign an acknowledgment stating the following: "I do hereby acknowledge that body piercing is a potential health hazard, and that neither this establishment nor the operator is licensed by the City of Laurel."

(Ord. No. 1896, 1-9-2017)

In the R-5, R-55, R-20, R-MD, C-N, C-C, C-G, C-V and O-B zones, an adult group home may be permitted, subject to the following:

(1)

The adult group home must be operated and under the direct supervision and control of a non-profit organization, being an organization qualified under Section 501(c)(3) of the Internal Revenue Code.

(2)

The organization shall employ an adult, State of Maryland licensed social worker for each adult group home, who shall have established a permanent residence on the premises, and who shall be fully responsible for assuring that all rules and regulations of the City of Laurel (as set forth herein), and the operating organization are followed by all of the residents at all times.

(3)

The group home shall only be operated within a single-family detached dwelling that includes at least three (3) bedrooms and two (2) full bathrooms, a full-size kitchen (one that includes, at a minimum, a full-size oven and range, and a full-size refrigerator), and a full-size washer and dryer.

(4)

There shall be only one (1) occupant per bedroom.

(5)

Unless used for a recognized religious observance, no lighted candles shall be allowed in the home at any time.

(6)

Each occupant shall be at least twenty-five (25) years of age, and shall be self-sufficient (i.e., needs no assistance for clothing, eating or personal hygiene).

(7)

There shall be no smoking, no use of controlled dangerous substances, and no alcohol use in the house or on the property upon which the house is located at any time.

(8)

Each group home shall have at least two (2) off-street parking spaces for up to three (3) bedrooms, and one (1) additional off-street parking space for every additional two (2) or more bedrooms (or fraction thereof).

(9)

There shall be no outdoor gatherings of three or more individuals after 9:30 p.m.

(10)

The organization operating the home may include additional rules and regulations, but all the rules and regulations for any such home shall be approved as part of the special exception. In its approval of the special exception, the Board of Appeals may include additions or amendments to said rules and regulations, if based upon the facts of the application under consideration.

Initially, a special exception for an adult group home shall be valid for a period of three (3) years, unless the Board of Appeals grants some lesser period of time (but no less than one (1) year). Within one hundred eighty (180) days prior to the expiration of the special exception (or within sixty (60) days if granted for a period of one (1) year), the applicant shall file a request for extension, along with a report describing the operation of the home since the special exception approval. A copy of said request for renewal and the report shall also be sent to all adjoining property owners (including those directly across any public or private right-of-way from the subject property). The Office of the Fire Marshal and Permit Services shall conduct an inspection of the home and the property upon which it is located, and shall present a report on the inspection, and any complaints that have been received regarding the home during the period of operation, to the Board of Appeals. The Board of Appeals shall schedule a public hearing on the request for renewal in the same manner as the original hearing, and may grant an extension of up to five (5) years, after which a further request for renewal shall be filed by the organization and processed just as was done for the first such request.

(Ord. No. 1960, 10-26-2020)

Respite Care shall comply with the following:

(a)

It shall only be located within a single-family dwelling (one family detached) that is the permanent residence of the owner.

(b)

Only one (1) Respite Care is permitted within a quarter mile (.25 miles) radius.

The City of Laurel shall maintain a database for all Respite Care or Short-Term Living Assistance residences, which will include, but is not limited to the following:

(1)

The property owner's name, phone number, and email address.

(2)

The name, phone number and e-mail address for designated emergency contacts.

(Ord. No. 2016, 9-25-2023)