Residential zones and their regulations are established in order to achieve, among others, the following purposes:

(a)

To regulate the bulk and location of buildings in relation to the land in order to obtain proper light, air, privacy and usable open spaces on each zoning lot appropriate for the zone;

(b)

To regulate the density and distribution of population in accordance with the objectives of the Master Plan to avoid congestion and to maintain adequate services;

(c)

To provide protection from noxious fumes, odors, dust, excessive noises, invasion of abnormal vehicular traffic and other objectionable influences; and

(d)

To protect the desirable characteristics of existing residential development, the promotion of stability, the most desirable and beneficial use of the land, and bringing about the eventual conformity with the adopted or officially accepted Master Plan and other plans of the City of Laurel.

(a)

Purposes.

(1)

To provide areas for activities relating to the purpose of local governmental entities and semi-public institutions providing necessary public services.

(2)

To preserve to the greatest extent possible the City's ecological balance and heritage, while providing for the proper use and enjoyment of natural resources.

(3)

To provide for open space in the physical pattern of development to permit passive and active recreational or aesthetic enjoyment of natural or developed park areas, or other open spaces.

(b)

Uses.

(1)

The uses allowed in the P-I Zone are as provided for in the Table of Residential Uses of this division.

(c)

Regulations.

(1)

Additional regulations concerning the location, size, and provisions for all buildings and structures in the P-I Zone are provided for in this division, Schedule of Area, Yard, and Height Regulations.

(a)

Purposes.

(1)

The purposes of the R-5 Zone are:

a.

To provide for and encourage variation in the size, shape, and width of one-family detached residential subdivision lots, in order to better utilize the natural terrain;

b.

To facilitate the planning of one-family residential developments with moderately large lots and dwellings of various sizes and styles;

c.

To encourage the preservation of trees and open spaces; and

d.

To prevent soil erosion and stream valley flooding.

(b)

Uses.

(1)

The uses allowed in the R-5 Zone are as provided for in the Table of Residential Uses of this division.

(a)

Purposes.

(1)

The purposes of the R-55 Zone are:

a.

To provide for and encourage variation in the size, shape, and width of one-family detached residential subdivision lots, in order to better utilize the natural terrain;

b.

To facilitate the planning of higher density one-family residential developments with small lots and dwellings of various sizes and styles;

c.

To encourage the preservation of trees and open spaces; and

d.

To prevent soil erosion and stream valley flooding.

(b)

Uses.

(1)

The uses allowed in the R-55 Zone are as provided for in the Table of Residential Uses of this division.

(a)

Purposes.

(1)

The purposes of the R-20 Zone are:

a.

To provide for and encourage variation in the size, shape, and width of one-family semi-detached, two-family detached and one-family triple-attached residential subdivision lots, in order to better utilize the natural terrain;

b.

To facilitate the planning of higher density one-family residential developments with small lots and dwellings of various sizes and styles;

c.

To provide for a greater variety of housing types;

d.

To encourage the preservation of trees and open spaces; and

e.

To prevent soil erosion and stream valley flooding.

(b)

Uses.

(1)

The uses allowed in the R-20 Zone are as provided for in the Table of Residential Uses of this division.

(a)

Purposes.

(1)

To provide suitable sites for townhouses and plexes that will more fully and efficiently utilize available public utilities and services;

(2)

To provide the maximum possible amount of freedom in the design of townhouses and plexes and their grouping and layout within the areas classified in that zone;

(3)

To provide the amenities normally associated with less dense zoning categories;

(4)

To permit the greatest possible amount of freedom in type of ownership of townhouse and plex development;

(5)

To prevent detrimental effects to the use or development of adjacent properties of the neighborhood;

(6)

To protect or enhance important or distinguishing natural features of the site through innovative site layout and green area design; and

(b)

Uses.

(1)

The uses allowed in the R-T Zone are as provided for in the Table of Residential Uses of this division.

(c)

Regulations.

(1)

Additional regulations concerning the location, size, and provisions for all buildings and structures in the R-T Zone are provided for in this division, Schedule of Area, Yard, and Height Regulations, Division 6, Parking and Loading Facilities, Division 7, Signs and Advertising Structures, Division 9, Exceptions and Supplements to Zone Regulations, Division 10, Special Exceptions and Division 15, Landscaping, Buffering, and Screening Regulations of this article.

(a)

Purposes.

(1)

To make available low-density, multifamily developments of the "garden apartment" type such as would offer many of the advantages normally associated with a single-family dwelling.

(2)

To provide for such development at locations recommended in the Master Plan and are selected so as to be adequately served by the necessary facilities for traffic circulation, sanitation, retail sales and service, and other desirable facilities.

(b)

Uses.

(1)

The uses allowed in the R-30 Zone are as provided for in the Table of Residential Uses of this division.

(c)

Regulations.

(1)

Additional regulations concerning the location, size, and provisions for all buildings and structures in the R-30 Zone are provided for in this division, Schedule of Area, Yard, and Height Regulations, Division 6, Parking and Loading Facilities, Division 7, Signs and Advertising Structures, Division 9, Exceptions and Supplements to Zone Regulations, Division 10, Special Exceptions and Division 15, Landscaping, Buffering, and Screening Regulations of this article.

(a)

Purposes.

(1)

To make available suitable sites for multifamily developments of moderate density and building bulk, at locations recommended in the Master Plan which is selected so as to provide for appropriate multifamily residential facilities as a transitional use between less dense residential uses and more intensely developed areas of the community.

(2)

To permit the construction of moderately tall multifamily buildings provided they are surrounded by a sufficient depth of open space to prevent detrimental effects to the use or development of others in the general vicinity.

(b)

Uses.

(1)

The uses allowed in the R-18 Zone are as provided for in the Table of Residential Uses of this division.

(c)

Regulations.

(1)

Additional regulations concerning the location, size, and provisions for all buildings and structures in the R-18 Zone are provided for in this division, Schedule of Area, Yard, and Height Regulations, Division 6, Parking and Loading Facilities, Division 7, Signs and Advertising Structures, Division 9, Exceptions and Supplements to Zone Regulations, Division 10, Special Exceptions and Division 15, Landscaping, Buffering, and Screening Regulations of this article.

(a)

Purpose.

(1)

To provide suitable sites for high-density multifamily residential development, at locations indicated in the Master Plan which is selected so as to provide opportunities for residence in close proximity to the more intensely developed commercial and cultural centers of the City.

(b)

Uses.

(1)

The uses allowed in the R-10 Zone are as provided for in the Table of Residential Uses of this division.

(c)

Regulations.

(1)

Additional regulations concerning the location, size, and provisions for all buildings and structures in the R-10 Zone are provided for in this division, Schedule of Area, Yard, and Height Regulations, Division 6, Parking and Loading Facilities, Division 7, Signs and Advertising Structures, Division 9, Exceptions and Supplements to Zone Regulations, Division 10, Special Exceptions and Division 15, Landscaping, Buffering, and Screening Regulations of this article.

(a)

Purposes.

(1)

To provide suitable sites for relatively high-density residential development at locations recommended in the Master Plan which are selected so as best to accomplish economies in the construction and operation of such public services as transportation, retail shopping facilities, and other community facilities which depend upon convenient access by residents of the area and so as to prevent undue congestion in sections of the City where such facilities are not available or cannot be conveniently and economically provided;

(2)

To provide on these sites a maximum of open space for the benefit of the residents of the development, together with a minimum of obstruction to the view of those who live in the surrounding areas;

(3)

To provide the maximum possible amount of freedom in the design of residential structures and their grouping and layout within the areas classified in that Zone.

(b)

Uses.

(1)

The uses allowed in the R-H Zone are as provided for in the Table of Residential Uses of this division.

(c)

Regulations.

(1)

Additional regulations concerning the location, size, and provisions for all buildings and structures in the R-H Zone are provided for in this division, Schedule of Area, Yard, and Height Regulations, Division 6, Parking and Loading Facilities, Division 7, Signs and Advertising Structures, Division 9, Exceptions and Supplements to Zone Regulations, Division 10, Special Exceptions and Division 15, Landscaping, Buffering, and Screening Regulations of this article.

(a)

Purposes.

(1)

The purposes of the R-MD Zone are:

a.

To provide for and encourage variation in the size, shape, and width of one-family detached residential subdivision lots, in order to better utilize the natural terrain;

b.

To facilitate the planning on one-family residential developments with medium-sized lots and dwellings of various sizes and styles;

c.

To encourage the preservation of trees and open spaces; and

d.

To prevent soil erosion and stream valley flooding.

(b)

Uses.

(1)

The uses allowed in the R-MD Zone are as provided for in the Table of Residential Uses of this division.

(c)

Regulations.

(1)

Additional regulations concerning the location, size, and provisions for all buildings and structures in the R-MD Zone are provided for in this division, Schedule of Area, Yard, and Height Regulations, Division 6, Parking and Loading Facilities, Division 7, Signs and Advertising Structures, Division 9, Exceptions and Supplements to Zone Regulations, Division 10, Special Exceptions and Division 15, Landscaping, Buffering, and Screening Regulations of this article.

(a)

Purpose and intent. It shall be the purpose and intent of Neo-Traditional Overlay areas (N-TO) to be an alternative form of development designed to:

(1)

Create additional development opportunities for creativity and siting of neighborhood design, which emulates certain aspects of traditional towns and neighborhoods by a site and landscape development plan reviewed and approved similarly to the process of a map amendment.

(2)

Enhance present and future neighborhoods within the City of Laurel, and to allow the provision of various housing opportunities, which are typified by reduced front lawns with the majority of parking provided for out of sight in rear alleys and service areas.

(3)

Creates residential environments typified by tree-lined streets, houses with front porches, and traditional town/row houses with specific architectural details emulating their historic counterparts.

(4)

Fences and walls shall be included in a comprehensive design plan, as well as signs, directional signs, and lighting fixtures proposed in conjunction with the proposal.

(5)

Allow for increased, consolidated, or comprehensively designed plans for neo-traditional proposals, which shall provide for the various design aspects of dwellings and amenities planned for the development.

(6)

Circulation through a neo-traditional development shall include a complete sidewalk system, which connects all aspects of the proposed area, including access to public spaces and recreational amenities.

(7)

The conditions and restrictions of such an overlay are considered an optional form of development, which is in addition to the land uses and restrictions contained within the base zoning of the R-55 Zoning and R-T Zoning Districts.

(8)

Acknowledge that the development and approval of any Neo-Traditional Overlay Zone is unique and specific to a unique parcel or groups of parcels that is conditioned upon meeting the objectives and specific goals of using such an overlay option.

(9)

Increase the attractiveness of the City for the potential of the development, stabilization, and improvement of its neighborhoods by increasing home ownership opportunities.

(10)

The Mayor and City Council is not obligated to approve a Neo-Traditional Overlay if it concludes that the proposal does not meet with the purpose and intent of these regulations. Approvals of an overlay does not usurp or diminish the jurisdiction of the City's Historic District Commission if the overlay is located within a Historic District. Uses provided for within the City's R-55 and R-T zoning categories, other than residential uses, are not permitted within a Neo-Traditional Overlay.

(11)

Setbacks, of any type, will not be waived, modified, or amended unless alternate methods will provide equal or superior protection to surrounding uses or additional amenities will be provided in accordance with subsection (c) below that justify such waiver, modification or amendment.

(12)

To conclude that the use of this overlay option does not diminish, modify, or in any way alter the applicant's right to development their property using the conventional base zone affixed to the property.

(13)

Neo-Traditional Overlay areas may be included for consideration within or an element of certain revitalization overlay areas, such as the RO-4, Revitalization Overlay for existing multifamily and attached housing areas, and the RO-6, the Patient River revitalization and M-X-T—Mixed Use—Transportation Oriented zone option.

(b)

Types and location of Neo-Traditional Overlay Areas.

(1)

Neo-Traditional Overlay Areas may be considered in areas currently zoned for R-55 and R-T residential uses.

(2)

They may also be also be included as an option or element of proposals with the RO-4 and RO-6 Revitalization Overlay areas, as provided for in the article.

(3)

Neo-Traditional Overlay Areas must contain a minimum of five (5) acres for consideration.

(4)

Placement that involves consolidation of existing properties that result in demolition within the jurisdiction of the City's Historic District Commission is specifically discouraged, except in possible locations within the RO-6, and M-X-T—Mixed Use—Transportation Oriented zone option.

(c)

Development standards for all neo-traditional overlay areas.

(1)

The provisions of additional amenities which are deemed to exceed conventional development requirements shall be provided and may include, but not be limited to, the dedication of open space and the dedication and/or construction of tot lots, athletic fields or recreational facilities and associated parking and the modification of certain development standards shall be based on the conclusion of the Mayor and City Council that the proposed development sufficiently meets the purpose and intent of the Neo-Traditional Overlay. The following elements contained within R-55 or R-T Zoning District development regulations may be considered for modification:

•

Building height.

•

More density is possible if this option is proposed in conjunction within or an element of revitalization overlay area where the base density of properties is higher than the R-55 Zone.

•

Lot size and coverage or other area regulations.

•

Landscaping, tree preservation, or preservation of natural area.

•

Screening, fencing, berms, or other features intended for noise attenuation or visual impact.

•

Traffic circulations, traffic generation, site design, refuse disposal areas and utility structures.

•

Adequate public facilities.

•

Waivers or modifications cannot be granted for street and alley widths, as currently provided for in this chapter for reasons of public safety, and access of public services.

(2)

The provision of amenities and other factors which are deemed to exceed conventional development may include, but not be limited to the following:

•

Architectural design and details or proposed buildings and parking structures.

•

Building materials.

•

Innovative designs for mixed residential complexes.

•

Under grounding of utilities on site and in the adjacent public right-of-way.

•

Public or scenic spaces, including plazas, fountains or water features and public sculpture or murals, including neighborhood parks and the siting of building oriented to these features.

•

Upscale attached or detached housing.

•

Provision for transit facilities, such as bus shelters which are designed to be integrated with neighborhood amenities.

•

Enhanced landscaping features which promotes the intent of neo-traditional development.

(d)

Process for the consideration of a development proposal within any Revitalization Overlay area or M-X-T Zone.

(1)

Applicants submitting a proposal for development utilizing the Neo-Traditional Overlay shall submit a plan in accordance with the City Zoning Regulations for Site and Landscape Plans. In addition, the plan(s) shall contain the following:

•

A traffic and circulation plan.

•

Plan for re-subdivision (for consolidations).

•

A specific plan for the uses and their design.

•

A phasing schedule, if a multi-phase development is planned.

•

Other studies or plans deemed necessary by the Department of Economic and Community Development, as recommended to the Planning Commission.

(2)

After review of a completed application or proposal, the Department of Economic and Community Development shall prepare a technical staff report, analyzing the compliance of the applicant's proposal with the intent and purpose of utilizing Neo-Traditional Overlay areas. The report shall be transmitted to the Planning Commission, who shall hold a public hearing for recommendation to the Mayor and City Council. The requirements for notifying the public of such proposals, including sign posting, shall be the same as that required by the City Zoning Regulations for Zoning map amendment applications.

(3)

Upon receipt of the recommendation of the Planning Commission and staff technical report, the Mayor and City Council shall schedule a review of the proposal and schedule two (2) public hearings on such proposal, including a specific notification to Prince George's County, the Maryland-National Capital Park and Planning Commission, if included within an annexation area annexed within five (5) calendar years, and the Maryland Department of State Planning in all cases. After the second public hearing, the Mayor and City Council may approve, reject, or modify the development request for the Neo-Traditional Overlay option.

(e)

Neo-Traditional Overlay Area map. The placement, location, and distinction of all overlay zones shall in accordance with the location of these areas within as approved by the Mayor and City Council within the R-55 or R-T Zoning District, containing a minimum of five (5) acres, or by inclusion within a specific proposal for revitalization overlay area, as stated herein.

(Ord. No. 1911, 4-24-2017; Ord. No. 1991, 1-10-2022)

(a)

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

(1)

The letter "P" indicates that the use is permitted in the zone indicated.

(2)

The letters "SE" indicate that the use is permitted, subject to the approval of a special exception in accordance with Division 4, Board of Appeals of this article.

(3)

The letter "A" indicates the use is permitted as an accessory building or use in the zone indicated.

(4)

The letter "X" indicates that the use is prohibited.

(5)

All uses not listed are prohibited.

(6)

Whenever the table refers to an allowed use, that use is either permitted (P), permitted by special exception (SE) or accessory (A) as accordingly listed in the zone in which it is allowed.

(a)

Rental and maintenance office in accordance with the following provisions: In any multifamily development containing twenty-four (24) or more dwelling units (including multiple group dwellings), there may be maintained on the premises an office for the conducting of business incidental to the rental operation, service, and maintenance of the project; provided that no such office shall be located within a dwelling, or if housed separately, in a permanent building in harmony with the general character of the dwellings. Any signs in connection with such office and visible from the exterior shall not exceed three square feet in area and any illumination hereof shall be nonflashing, and confined to the face of the sign.

(b)

Retail sales and consumer service establishments incidental to and located within a multifamily structure which has three (3) or more dwelling units therein, limited to drug store, restaurant, newsstand, barber shop, beauty shop, valet shop, and delicatessen primarily for service to the residents of such structure or project, provided:

(1)

Such establishments shall not be located above the ground level floor, except as provided in paragraph (2) below; any limited professional uses permitted as special exceptions shall be confined to the same floor.

(2)

In addition to the floor occupied by such establishments, a restaurant, sauna, solarium, or health club may be permitted on the top or penthouse floor of a structure or project.

(3)

Such establishments shall be so located and constructed as to protect the tenants of the building from noise, traffic, odors, and interference with privacy.

(c)

Reserved.

(d)

On a lot one (1) acre or greater in size.

(e)

At least eighteen (18) holes on a tract having a gross area of at least two hundred (200) acres; provided that any accessory recreational facilities shall be located at least one hundred (100) feet from the nearest property line and effectively screened from view of any adjoining land in a residential zone, or land proposed to be used for residential on an approved conceptual or detailed site plan, not on publicly owned land.

(f)

In a building other than a surplus public school building (with provisions for increased density and reduced lot size in multifamily zones).

(g)

For more than eight (8) elderly or physically handicapped residents.

(h)

A house of worship shall comply with the following:

(1)

The minimum setback for all buildings shall be twenty-five (25) feet from each lot line;

(2)

Ingress and egress shall be located so as to direct traffic away from streets that are internal to a residential subdivision;

(3)

The applicant shall satisfactorily demonstrate that parking and traffic will not adversely affect adjacent residential neighborhoods;

(4)

Parking spaces or loading areas shall not be located in the front yard; and

(5)

The maximum allowable lot coverage for the zone in which the use is proposed shall not exceed fifty (50) percent.

(i)

A lot or parcel shall contain at least two (2.0) acres for use by an organization providing benevolent services and a detailed site plan shall be approved by resolution, which may contain conditions, of the Mayor and City Council; any change in occupant or use shall also require detailed site plan approval by the Mayor and City Council.

(j)

A health campus shall comply with the following:

(1)

The definition of a "health campus" as set forth in Section 20-1.7:

(2)

Prior to the issuance of any grading or building permits for the health campus property, a detailed site and landscape plan, to include all structures and uses upon the health campus property, shall be approved by the Planning Commission;

(3)

At least twenty (20) percent of the health campus property shall be maintained as green area;

(4)

Each building constructed upon the health campus (other than accessory structures) shall have a front, side and rear yard of at least twenty-five (25) feet, and at least thirty-five (35) feet for any yard abutting residentially-zoned property;

(5)

Lot coverage of the entire health campus shall not exceed forty (40) percent; and

(6)

The subject property of the health campus shall contain a minimum of twenty (20) contiguous acres.

(k)

A tourist home shall comply with the following:

(1)

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

(2)

All tourist homes must obtain a tourist home license for this use, which must be applied for by the owner of the property. Prior to issuance of this license, the premises must be inspected by the Office of the Fire Marshal and Permit Services and approved, subject to any conditions deemed appropriate by the Fire Marshal or designee, prior to the first night of occupancy for this use, and every year thereafter of operation.

(3)

The tourist home license will expire annually on July 1, at which time the applicant has thirty (30) days to renew the license.

(4)

Off street parking must be provided for all visitor vehicles. All vehicles must be parked in accordance with Section 18-166.2 of the Laurel City Code.

(5)

Only one (1) tourist home is permitted per city street.

(6)

The owner may not rent the tourist home for a period less than three (3) days between visitor stays.

The City of Laurel will maintain a database for all tourist home licenses, 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.

The Fire Marshal shall be entitled to inspect the premises of any tourist home upon twenty-four-hour written notice to the owner, or immediately should an emergency condition be reasonably believed to exist. Should a violation be found to occur, the owner of the property may be cited for any such violation(s), and the owner shall be given fifteen (15) days to correct the violation. If, however, the violation involves an emergency condition that could, in the reasonable judgment of the Fire Marshal, substantially threaten the health or safety of any residents or visitors within the premises, the violation shall be corrected as directed by the violation notice, and the Fire Marshal may order that the premises be vacated until the violation is corrected. Otherwise, if a violation is found to exist by the Fire Marshal, and is not corrected within the fifteen-day period, the Fire Marshal may issue a civil citation, with a fine to be imposed as set forth in the City of Laurel Unified Land Development Code, Section 20-3.1. Failure to correct the violation within thirty (30) days may result in revocation of the tourist home license.

(l)

Subject to the provisions of Division 9, Exceptions and Supplements to the Zone Regulations. Generally and specifically Section 20-20.10(a).

(Ord. No. 1738, 2-27-2012; Ord. No. 1844, 4-27-2015; Ord. No. 1861, 2-8-2016; Ord. No. 1941, 4-22-2019; Ord. No. 1942, 4-22-2019; Ord. No. 1960, 10-26-2020; Ord. No. 1974, 6-28-2021; Ord. No. 1999, 9-26-2022; Ord. No. 2016, 9-25-2023)

(a)

Parking and garage facilities. Private and storage garages and open off-street parking areas shall be permitted in residential zones if accessory to a dwelling and for residents of that dwelling only.

(b)

Home professional offices. An office may be permitted in residential zones in the home of a person practicing any of the recognized professions, including the use of the premises by a lawyer, clergy person, architect, engineer, or other professional person for consultation, but not for the general practice of his profession provided:

(1)

No assistants other than members of the resident family work therein; no nonresident employees or customers conducting business permitted on the premises at any time;

(2)

The residential character of the dwelling exterior shall not be changed; and

(3)

No delivery trucks, additional parking other than that required for the dwelling, or signage is permitted.

(c)

Home occupations. In addition to the definition included in Section 20-1.7, Definitions, gainful home occupations may be permitted in residential zones, examples include: home crafts such as baking, dressmaking, millinery, weaving, home decorating; services such as repairing furniture and radios, sharpening tools; office space for businesses or services conducted solely by telephone such as real estate, selling or taking orders for merchandise, contracting work, provided:

(1)

The occupation is operated in its entirety within the single unit dwelling and only by the person or persons maintaining a dwelling therein;

(2)

The occupation is conducted wholly within a building and the space used for production and sale does not occupy more than twenty (20) percent of the floor area of the main building.

(3)

No mechanical equipment shall be used that will, in any way, create dust, noise, odors, glare, vibrations or electrical disturbances beyond the dwelling unit walls.

(4)

The residential character of the dwelling exterior or accessory buildings shall not be changed.

(5)

The occupational space does not have a separate entrance from outside the building.

(6)

The occupation does not display or create outside the building any external evidence of the operation of the home occupations except: on the lot on which the building is located, a sign shall be permitted in accordance with Division 7, Signs and Advertising Structures, of this article.

(7)

The occupation is limited to the use of only one (1) commercial vehicle not exceeding one (1) ton in capacity and of the light delivery type, containing no advertising other than a firm name or similar designation in letters not exceeding four (4) inches in height on any part of the vehicle. Any other type of commercial vehicle or one (1) containing advertising in excess of the foregoing limits shall be parked or stored in a garage. No other mobile equipment shall be permitted.

(8)

The sale of goods in the same form as purchased by occupant is prohibited.

(d)

Gardens and pets. The raising for private use of fruits, vegetables, or nursery stock, and the keeping of pets is permitted in residential zones; provided:

(1)

Notwithstanding other provisions for gardens and pets in this article, household pets shall be construed to include dogs, cats, canaries, parakeets and other kindred animals and fish usually and ordinarily kept as household pets. As used herein it shall not be construed to include horses, ponies, mules, asses, donkeys, cows, bulls, steer, heifer, sheep, goat, ewe, rabbits, ram, swine, fowl or poultry, pigeons or doves or other domesticated animals.

(e)

Renting of guest room. The renting from a resident owner family, all of which family members are related by blood, marriage or adoption, to not more than two (2) additional persons, neither of whom are related by blood, marriage or adoption, to any of the resident family members of not more than one (1) room (which may include one adjoining bathroom) for not less than six (6) months. No separate kitchen facility shall be permitted. All residents therein, including those residents who are renting the room shall maintain a single housekeeping unit, thus allowing the renting residents to have free use and access of the entire dwelling unit, including specifically access to and use of kitchen facilities.

(f)

Family day care. Family day care shall be permitted in accordance with the licensing requirements of Subtitle 5 of the Family Law Article of the Annotated Code of Maryland. All state and local licensing requirements shall be complied with.

(g)

A trailer as defined in Section 20-1.7, Definitions, of this article are not considered an accessory building.

(Ord. No. 1744, 7-23-2012)

Land and buildings shall be used only in accordance with the lot area regulations; and buildings shall be erected, altered, and maintained only in accordance with the area, yard and building height regulations set forth in the following sections:

(a)

The area of a zoning lot shall be not less than the area in square feet required for each dwelling unit as set forth in the schedule in Section 20-6.16, and when applicable, multiplied by the number of units in the building.

(b)

The width of a zoning lot shall be not less than the width required for the type of dwelling or other building permitted in the zone in which the lot is located as set forth in Section 20-6.16, or as modified in subsequent sections, and shall be measured at the building line. Each one- and two-family lot shall abut upon a dedicated street for the required lot width, except on curved streets, the width at the front line may be less provided the lot width at the building line meets the required lot width of the particular zone.

(c)

The percent of lot covered by buildings, as set forth in the schedule in Section 20-6.16, shall not be exceeded when the area of the building is divided by the area of the lot.

(d)

The front yard depth or setback of a zoning lot shall be not less than the depth set forth in the schedule in Section 20-6.16 for the type of dwelling or other building permitted in the zone in which it is located.

(e)

Two (2) side yards shall be provided for everyone and two-family dwelling on a lot. Widths of side yards of a lot shall be not less than the respective dimensions as set forth in the schedule in Section 20-6.16.

(f)

The rear yard depth of a lot for main buildings shall be not less than the depth set forth in the schedule in Section 20-6.16 for the zone in which it is located. A detached accessory building shall be located in accord with yard regulations as set forth in Section 20-6.23.

(g)

The height of a main building permitted on a zoning lot shall not exceed the number of stories as set forth in the schedule in Section 20-6.16. The height of accessory buildings shall not exceed fifteen (15) feet.

The Planning Commission may allow an increase to the height limitation in R-10 and R-H zones if it finds that such an increase will create additional usable open space on the site thereby improving the overall nature and quality of the proposed design.

(h)

The maximum number of dwelling units to be built on a tract shall be calculated by multiplying the net lot area by the number of dwelling units allowed under the zoning classification governing the tract to be developed.

(i)

Deck and patio regulations.

Supplementary regulations.

1.

In condominium developments containing limited common area, decks may cover one hundred (100) percent of the rear yard limited common area of the condominium unit.

2.

If the deck is for an end unit townhouse, end unit triple attached or semi-detached dwelling, the maximum amount of deck area permitted in the rear yard shall not exceed fifty (50) percent of the rear yard. An additional deck area shall be permitted in the side yard of end unit townhouses, end unit triple-attached or semi-detached dwellings to a maximum of fifteen (15) percent of the side yard. A deck including attached stairs in a side yard shall not extend out from the building more than six (6) feet, and shall not be permitted to be constructed closer to the front building line than the midpoint between the front and rear building lines of the end unit townhouse, end unit triple-attached or semi-detached dwelling.

3.

In the T-T, R-18, and R-30 zones, the above provisions shall only apply to townhouses. In the R-20 Zone, the above provisions shall apply only to one-family semi-detached and one-family triple-attached dwellings. In the PUD-E and PDA-E zones, the above provisions shall apply only to one-family semi-detached dwellings, one-family triple-attached dwelling, and townhouses, and shall not apply to one-family detached dwellings.

4.

No deck or an attached staircase shall be enclosed by a roof and/or walls, nor may the area directly under a deck or attached staircase be enclosed. The upper surface of the floor of the deck shall be at least twelve (12) inches above the ground.

(j)

A unit of a townhouse shall not be less than twenty (20) feet in width and any main or longitudinal wall of a sequence of townhouse units shall not exceed one hundred thirty-two (132) feet in length without a ninety (90) degree offset of at least ten (10) feet, and the aggregate length of any wall, including its offsets shall not exceed one hundred eighty-six (186) feet in length.

(k)

Flag lots are expressly prohibited in all zones.

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

Any illustrations contained in Appendix "A", Setbacks Illustrations, to this division are hereby incorporated herein by reference; provided, however, that in the event of a conflict between the appendix and the text of this division, the provisions of the text shall supersede.

(a)

Outer lots three thousand (3,000) square feet; inner lots two thousand (2,000) square feet.

(b)

Forty (40) percent for outer lots; thirty (30) percent for inner lots.

(c)

Front yard dimensions from street right-of-way line. On private drives in-group developments front yard dimensions are measured from the near edge of the pavement.

(d)

Measured at the building line. In-group development this need not correspond to lot width at the street line.

(e)

Minimum fifty (50) feet; for any building of fifty (50) feet in height, the minimum front yard dimension shall be increased one (1) foot for each two (2) feet by which the height of the building exceeds fifty (50) feet.

(f)

Thirty-foot outer lots; twenty-foot inner lots.

(g)

Reserved.

(h)

Density is the maximum permitted within the zone; actual yield is dependent on design and configuration of specific site plans.

(i)

On a corner lot the minimum side yard along the street is twenty-five (25) feet.

(Ord. No. 1877, 9-26-2016; Ord. No. 1966, 1-25-2021; Ord. No. 1987, 10-25-2021)

(a)

In order to encourage greater flexibility in design and more attractive arrangements of buildings and greater utilization of open spaces, yard regulations for multifamily dwellings are hereby established for single development and yard regulations for locating several buildings within a group development.

(b)

The yards of multifamily buildings shall be attractively landscaped and related to the space within the dwelling units and common areas. Buildings shall be arranged so as to assure privacy between adjacent buildings and intersecting wings of buildings, and from streets, parking and recreation areas in accordance with the following:

(1)

The terms used in this section are defined as follows:

a.

Single development: A development of one (1) multifamily building on one (1) lot coordinated with the surrounding neighborhood and fronting on a dedicated street.

b.

Group development: A development of more than one (1) multifamily building on a parcel planned as a unit and coordinated with the surrounding neighborhood.

c.

Main wall: Any exterior wall of a multifamily building containing the principal windows of a living, dining and/or sleeping room or rooms.

d.

End or secondary wall: Any exterior wall of a multifamily building other than a main wall and containing secondary windows required for ventilation and not intended to provide a direct view.

e.

Overlapping walls: Means that portion of the exterior walls which are directly opposite when two (2) buildings, parallel, face each other across an open yard or court.

(2)

The minimum distance between buildings with overlapping walls or parts thereof in a group development of multifamily buildings shall be determined as follows:

a.

In the R-30 zone, the minimum distance between main buildings shall be fifty (50) feet, provided that such distance be increased by one (1) foot for each additional one (1) foot of building height over thirty (30) feet of the taller of the two (2) buildings.

b.

In the R-10 and R-H zones, the minimum distance between main buildings shall be fifty (50) feet, provided that such distance be increased by one (1) foot for each additional two (2) feet of building height over thirty (30) feet of the taller of the two (2) buildings.

Minimum distance: The required minimum horizontal distance between any wall of Building "A" and the nearest wall of Building "B".

(3)

For distance between walls of court arrangements, such minimum distances shall be determined by applying the standards set forth in Subsection (2), hereof, to each set of facing walls.

(4)

Distance between non-overlapping walls, when the walls of two (2) buildings do not directly face each other, or do not overlap (that is where lines drawn perpendicular from the face of any one (1) wall of any one (1) building will not intersect the face of any wall of another building), the minimum horizontal distance between such buildings shall not be less than one-half (½) of the combined height of the two (2) buildings.

(5)

Distance between building and property lines of a multifamily building or part thereof, in a single development shall be determined by Section 20-6.16.

(6)

The required yards set forth in this section shall be attractively landscaped and may be used for driveways, pedestrian walks, and passive recreation areas. If, however, courts between buildings are used for parking areas or playgrounds, the distances between buildings shall be increased by the dimensions of such intermediary facilities. The site shall be designed so that entrances to all buildings shall be located not more than two hundred (200) feet from the accessory parking area, the distance to be measured along pedestrian walks.

(7)

Building permits for multifamily dwellings shall not be issued until a final development plan has been approved by the Planning Commission.

(8)

Cluster development.

a.

All requests for cluster development shall require approval from the Planning Commission.

b.

Applicant must clearly demonstrate to the Planning Commission that cluster development is better suited to the site than conventional development.

c.

The purpose of cluster development is to provide larger open areas with greater utility for green space and recreation, and to encourage the development of more attractive and economic building forms by utilizing moderately higher standards of open space.

d.

The minimum distance between facing and overlapping buildings or parts thereof in a cluster development of multifamily buildings shall be the same as in Subsections 20-6.17(b)(2) a. and b., with the exception that the minimum distance between main buildings shall be twenty-five (25) feet.

e.

The average density shall be determined by the number of dwelling units which could be built under the respective zone.

f.

Cluster development is permitted in the R-30 (low density, multifamily), R-10 (high density, multifamily), and R-H (high-rise, multifamily) zones only.

The required yards surrounding an existing building shall not be separated in ownership from that portion of the lot upon which the building is located, and no part shall be considered as providing a required yard for any other existing building on the same or on an adjacent lot. A yard shall not be reduced to less than the required dimensions for the zone in which it is located by enlarging an existing building, and a yard of less than the required dimensions shall be open and unobstructed from the ground upward except for accessory buildings as set forth in Section 20-6.23. and projections into yards set forth in Section 20-6.15. All parking of any vehicles, trailers, recreational vehicles, or all others shall not be stored, parked or be located on a grassed surface other than those provided for in this article.

In cases where the Planning Commission has determined that on street parking is an issue or in short supply, the Commission may permit a waiver of the coverage restrictions within this article on an individual basis, if the reduction results in the provision of new or additional off-street parking. Such consideration is intended for the R-5 and R-55 Zones, or other zones, which in the opinion of the Commission, necessitate such consideration. Such additions to the off-street parking by such waivers shall be approved only if the following are proposed:

1.

Minimizing the coverage of green space through the use of grasscrete or similar materials, or the placement of asphalt or concrete strips for the car tires.

2.

The use of gravel, unless previously approved by the Historic District Commission within their jurisdiction, is not allowed.

3.

The placement of such parking area shall not unduly encroach into the front yard, but be placed on the side, by use of a single stall or tandem driveway.

4.

The use of this section does not apply to the construction of enclosed garages or carports, which must comply with all provisions of this article. The driveway leading up to such structure may be the subject of a waiver.

5.

New asphalt or concrete parking areas permitted under the provisions of this section shall plant landscaping or a fence compliant to these regulations to minimize the effect on adjoining properties.

6.

The applicant is responsible for providing for the management of any additional stormwater or drainage that results from the increased parking area.

Where a building line has not been established, and where fifty (50) percent or more of the aggregate street frontage between two (2) successive intersecting streets is occupied by buildings of the type and use permitted in the zone before the effective date of this article or any amendments thereto, the minimum front yard for new buildings shall be the average setback distance of existing buildings located within one hundred (100) feet on either side of a given lot, provided, however, the depth of the front yard resulting therefrom shall be not less than one-half (½) of the dimensions specified in the schedule set forth in Section 20-6.16.

Where side yards are narrower than required for the zone in which the buildings and lot are located and which was owned separately from all other tracts of land on the effective date of this article or any amendment thereto, and is still so owned, the building may be maintained or altered but may not be enlarged in width unless the total width of the side yards complies with these regulations or a variance is obtained.

The depth of the front yard on a corner lot shall be not less than the required setback from the front lot line. The width of the side yard on the side street shall be the same as that of the front yard required for the adjoining lot which abuts the side street.

The specific yard regulations set forth in this section may be modified by the Board of Appeals in accordance with Division 4, Board of Appeals, where the regulations cannot be complied with reasonably as a result of irregular shape of lot or for topographical reasons, i.e. slopes of fifteen (15) percent or greater, land within the one hundred-year floodplain, or flood protection setbacks.

Supplementary regulations.

(a)

On corner lots, any accessory building shall be set back from the side street line not less than the required setback for the adjacent main building of the abutting lot plus an additional five (5) feet.

(b)

No detached garage shall project closer to the side street property line than the existing main building.

(c)

In conjunction with multifamily developments, the Planning Commission may waive all setback regulations for accessory buildings at its discretion.

(d)

In no case shall an accessory structure extend into the front yard.

(e)

The front yard is defined as that area from the front property line to the front plane of the dwelling, to the sidelines of the lot. This restriction is valid regardless of the total green space required for the lot.

(f)

Unless provided for elsewhere within this article for the Planning Commission to consider a waiver, or unless the parking area and driveway has been approved within a Neo-Traditional Overlay (N-TO), Planned Unit Development-Existing (PUD-E), Planned Development Area-Existing (PDA-E), or Revitalization Overlay (RO) the twenty (20) percent paved area within the front yard shall not be exceeded. In cases of narrowness of lots, asphalt, or concrete strips may be used for off-street parking, provided the area in between the strips is maintained as grass. Additionally, PermaTURF® interlocking lawn panels, or an equivalent, may be used.

(g)

Parking areas and driveways located in the rear of lot accessed by an alley, or double side lots, or areas accessed by a front driveway which comes around the side of the house, shall not exceed twenty (20) percent of the rear area of the lot, defined as the rear lot line space to the place of the house facing such line, to the sidelines of the lot. Driveways leading to the rear of a lot for the purpose of accessing a garage, or use as a tandem driveway, must be setback a minimum of three (3) feet from the side property line.

(h)

Recreation areas not permitted in required front yards.

(i)

"Little free library" structure or similar structure locations in the R-5 One-Family Detached, R-55 One-Family Detached, R-T Townhouse, R-30 Low Density Multi-Family, R-18 Medium Density Multi-family, R-10 High Density Multi-Family, R-MD Single-Family Detached Medium Density, CV Commercial Village and the CN Commercial Neighborhood zones. Little free library structures shall require Homeowners' Association (HOA) approval where applicable prior to permit approval. Little free library structures built where the R-T, R-30, R-18, and R-10 zones shall be placed on common area, where applicable.

(Ord. No. 1966, 1-25-2021; Ord. No. 1974, 6-28-2021)

(a)

A projection is that part or feature of a building which extends or projects outside of the enclosing walls. It is intended that certain features may project into required yards but they shall be regulated so as not to substantially interfere with the reception of sun, light, air and the use of adjacent lots as provided for in this article.

(a)

Driveways. Driveways to garages or parking areas shall be permitted in any required yard that is not less than ten (10) feet in width.

(b)

Other structures. Floodlights, searchlights, loud speakers, or similar structures shall not be erected or used in a residential zone in any manner that will cause hazards or annoyance to the public generally or to the occupants of neighboring property.

(a)

There shall be not more than one (1) one-family or one (1) two-family dwelling permitted on a lot. There may be more than one (1) multifamily building on a lot. There may also be one (1) accessory building or one (1) detached garage on the same lot with a main building. The percent of lot covered by buildings, as set forth in the Section 20-7.16, Schedule of Area, Yard, and Height Regulations shall not be exceeded when the area of the building(s) is divided by the area of the lot.

(b)

No one- or two-family dwelling shall be located to the rear of any building on the same lot or on another lot which does not have the required frontage on a dedicated street. However, multifamily structures, with the approval of the Planning Commission, may be arranged in groups and each building need not directly front on a dedicated street. Improvement within these developments must conform to standards set forth in Section 20-6.17.

(a)

A parcel of land may be subdivided into two (2) or more parcels, provided all lots resulting from such division shall conform to all the lot area and width regulations of the zone in which it is located. A lot of record which conformed to the provisions of this article or an amendment thereafter which affected its conformity shall not be reduced in any manner which would make it nonconforming.

(b)

The lot area or any part thereof required for a dwelling or other use shall not be considered as providing any part of the required lot area for another dwelling or use.

A lot of record which does not comply with the area or width of lot regulations of the zone in which it is located on January 1, 1990 or any amendment to this article which made it nonconforming may be used as follows:

(a)

If occupied by a building, such building may be maintained or repaired. However, the building may not be enlarged in floor area unless the depth of front yard, total width of side yards and the rear yard regulations are complied with or a variance is obtained.

(b)

If vacant, the lot may be used provided that:

(1)

No adjoining vacant lot or parcel of land was owned by the same owner on January 1, 1990.

(2)

Not owning adjacent land, other vacant land cannot be equitably acquired adjoining the lot, and

(3)

All other regulations of this article, except the lot area regulations shall be complied with.

(a)

For this purpose, the area shall be the sum of the gross floor areas above the basement level, and not more than three (3) feet below finished grade, including those rooms (and closets) having a minimum ceiling height of seven (7) feet six (6) inches and having the natural light and ventilation as required by the Building Code; rooms above the first floor may be included which are directly connected by a permanent stairs and hall, and spaces under pitched roofs having a minimum knee wall height of five (5) feet. The calculated floor area of such spaces shall include only that portion of the habitable room where the ceiling height is not less than six (6) feet six (6) inches.

(b)

The area for frame buildings shall be measured from the exterior face of the enclosing walls at the respective floor line. For brick veneer buildings no more than four (4) inches of exterior wall thickness may be included in the area calculation. For two-family and multifamily dwellings where applicable, measurements will be made to the centerline of party walls. All areas within garages and porches, public halls and general storage rooms in multifamily dwellings shall be excluded in the measurement.

Schedule of Minimum Floor Area by Dwelling Type
(Area is in square feet)

*Maximum of three (3) bedrooms; for each additional bedroom unit one hundred twenty (120) square feet additional area must be provided.

**For each additional bedroom unit one hundred twenty (120) square feet additional area must be provided.

Area of garage. Private garages required for each type of dwelling unit shall be in accordance with the following schedule: (Area is in square feet, exclusive of all circulation space.)

*Twenty-four (24) feet or depth of house, whichever is greatest.

**Per parking stall if in a parking garage.

(c)

Additions that exceed fifty (50) percent of gross floor area beyond the gross floor area effective June 1, 2024, single-family dwelling in the R-5, R-55, or other zone or zones which allow single-family detached dwellings, including PUD-E and PDA-E Zones, shall be allowed as a special exception only. For purposes of computation, the fifty (50) percent area shall be calculated by using all areas of the structure, including basement, but not any area used for garages, whether, attached or detached. Approval of such additions shall also provide required parking for the applicable zone, as stated in Division 6, Parking and Loading Facilities, of this article.

(Ord. No. 2024, 4-22-2024)

Main or accessory buildings shall be erected, altered, moved, or maintained only in accordance with the maximum height of building regulations as established in Section 20-6.15, except that the following structures may be permitted above the aforesaid limitations:

(a)

Mechanical space for building equipment placed on the building's roof may be allowed above the maximum height specified for multifamily structures, provided such mechanical space is set back a minimum of fifteen (15) feet in height, is adequately screened from view, and said mechanical space and screening is approved by the Planning Commission.

Driveways, walks, or other access ways to any use which is not permitted in the zone shall be prohibited.

A tractor and other equipment used for the maintenance of lawns and gardens on said property and supplies may be permitted on a residential lot provided they are stored in an enclosed structure. No occupancy for human habitation can be maintained or business conducted therein while such vehicle is so parked or stored. The wheels or any similar transporting device shall not be removed nor shall such vehicle be temporarily or permanently affixed to the ground. This section shall apply except as provided for elsewhere in this article.

(a)

Soil, sand or gravel shall not be stripped or removed in a residential zone except excess soil, sand, or gravel resulting from excavations or grading operations in connection with the landscaping, construction, or alteration of a structure for which a permit has been issued.

(b)

No building or structure shall be erected within any area described by the City as a drainage course. For the purpose of this article, a drainage course includes any area such as drainage ways, channels, streams, and creeks designated as such on geodetic or City topographic maps, and further include any area designed or intended for use in drainage purposes as shown on a recorded subdivision.

(c)

No filling of land or excavation of land shall be permitted within a drainage course, or on any land, within one hundred (100) feet, or more than one hundred (100) feet when so designated on the Zoning Map, of the centerline of such drainage course, except upon issuance of a certificate by the City that such filling will not obstruct the flow of water or otherwise reduce the water carrying capacity of such drainage course, or impair the design and character of such drainage course.

(a)

Permitted buildings and uses. Temporary structures may be permitted in any residential zone if such structures (including structures on wheels) are deemed necessary for construction operations of the dwellings and accessory buildings of the area for which a building permit has been issued, provided:

(1)

Such structures shall be limited to offices, yards and buildings for the storage of lumber, equipment and other building material, and workshops for prefabricating building components; under no circumstances shall these structures be used for living space;

(2)

The operations and activities carried on within such structures shall not adversely affect the use of nearby dwellings by reason of noise, smoke, dust, odor, fumes, vibration, electrical disturbance or glare to a greater extent than normal in a residential zone that is being developed;

(3)

All temporary structures shall be located at least one hundred (100) feet from the nearest occupied residential dwelling;

(4)

All structures and yard storage areas are enclosed by a fence; and

(5)

A permit for such temporary structures shall be applied for, and approved along with special conditions that may be required.

(b)

Removal of structure. All temporary structures shall be removed within thirty (30) days after the completion of work on the premises for which a permit has been issued or if construction has ceased for one hundred eighty (180) days.

(a)

Except as provided for in this article, commercial pools may be located in any zoning district except residential provided that all the regulations of this article pertaining to community pools are complied with.

(b)

Permits. A building permit shall be required for each private pool. A detailed site plan shall be submitted with each application for a permit. The construction, plumbing and electrical requirements, inspection, and other safety facilities shall be regulated by other ordinances and codes of the City of Laurel. All permanent pools three (3) feet in depth and over shall require the issuance of a building permit. All permanent club and commercial pools three (3) feet in depth and over shall require the issuance of a building permit. All permanent club and commercial pools three (3) feet in depth and over shall require approval by the Prince George's County Health Department.

(c)

The pool shall be completely enclosed by a fence at least six (6) feet in height; and further provided that the pool shall not encroach upon any of the yard requirements for the zone in which such pool is located; except that such pool may be constructed not less than eight (8) feet from the rear property line.

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

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

Parking in residential zones shall be in accordance with regulations set forth in Division 6, Parking and Loading Facilities, of this article.

(a)

Site development, landscape, and other plans and materials which the Planning Commission deems necessary shall be prepared by the developer for all proposed developments in any residential zone which shall be submitted to the Planning Commission for review and approval.

(b)

If the site development plan is found by the Commission to be in compliance with the requirements of the zone and all other applicable parts of this chapter, it shall approve such development plan within forty (40) days from the date of the meeting when all required plans and data had been received. If not found to be in compliance therewith, the Planning Commission may recommend revisions to be made by the developer.

(c)

After Planning Commission approval, the developer may apply for a building permit which shall be issued by the City Building Official if the building plans and specifications are found to comply with the City Building Code and Fire and Life Safety Code.

(d)

A date shall accompany all site and landscape plan requests for approval. All site and landscape plans submitted to the Planning Commission for review shall display the name or seal of a registered civil engineer. In addition, all submissions shall be accompanied by a location map of the site.

(a)

General purposes.

(1)

To provide in appropriate and convenient locations zoning districts of sufficient size for the exchange of goods and services and other commercial activities;

(2)

To protect adjacent residential neighborhoods by regulating the types and spacing of business uses, particularly at the common boundaries, which would create hazards, noise, odors, or other objectionable influences;

(3)

To encourage the tendency of commercial development to locate in concentrated groups of facilities which are mutually compatible and which have in common similar trading areas and similar frequency of use;

(4)

To improve traffic efficiency through the maintenance of design capacities and to lessen congestion on streets, particularly in residential areas;

(5)

To establish criteria and procedures for planned business areas so they may be coordinated with surrounding developments; and

(6)

To promote the most desirable land use and traffic patterns in accordance with the objectives of the Master Plan and this article.

(b)

Purposes of specific commercial zones. The function and characteristics of each of the commercial zones established by this article are intended to be as follows:

(1)

Commercial Neighborhood Zone. The purpose of this classification is to provide a zone, which, (i) encourages the economic stability and preservation of historic commercial uses such as offices, small businesses and other trade establishments that have developed within specified older sections of the City and developed under older codes and ordinances; (ii) provides both flexibility and control in their continuance through modification options exercised by the Planning Commission, and (iii) allows improvement and expansion where the uses, both existing and proposed, have no detrimental effect on adjoining commercial or residential properties which have developed largely in existing structures whose reconversion to residential use is unlikely. Properties placed in the Commercial Neighborhood Zones may also be locations for mixed use, in order to fulfill the housing goals of the duly adopted Master Plan such as establishing housing opportunities for the elderly and the handicapped. The following shall be the specific intents of the Neighborhood Commercial Zone:

a.

To recognize businesses which have evolved and which are largely contained in the City's Historic District areas or immediate environs.

b.

To provide a mechanism to control the expansion of these uses.

c.

To allow infill development where such expansion may be appropriate and compatible with surrounding properties.

d.

To recognize and permit the continuance of small yard regulations.

e.

To insure that resulting rehabilitation, renovation or new construction is in character with surrounding neighborhoods, which shall involve coordination, where applicable, with the Historic District Commission.

(2)

Commercial Community Zone. The purpose of this classification is to provide locations for predominantly retail commercial shopping facilities for a substantially wider service area than those provided for in the Commercial Neighborhood Zone, yet not containing the fuller range of commercial activities which characterize and justify the Commercial General Zone. Consequently, many open uses are excluded in order to ensure the tight, pedestrian-oriented character which typifies a shopping precinct or because they are incompatible with the proper functioning of type of commercial node.

(3)

Commercial General Zone. The purpose of this classification is to provide locations for general retail commercial activities. These activities are those associated with a large trade area, serving a large portion of the regional area. The list of permitted uses excludes those uses which are considered incompatible with general retail functions. Where possible, land classified in this zone should be located on roads carrying large volumes of traffic; be grouped in concentrations of relatively large areas and narrow frontage; have few points of highway access; and concentrations should be relatively far apart.

(4)

Commercial Shopping Center Zone. The purpose of this classification is to provide zones, where compatible commercial facilities, with functional relationships, will be planned, organized and grouped in a building or in a unified arrangement of buildings and service facilities all designed on a designated area of sufficient dimensions to satisfy all off-street parking demands and located along major arterial streets where the traffic generated by such development can be accommodated in a manner that the public health, welfare, and safety of the surrounding area will be maintained.

(5)

Commercial Village Zone. The purpose of this classification is to provide for a zone which, (i) encourages the economic stability and improvement of the Main Street Business Area and its immediate environs, (ii) furthers the improvement and retention of the historic character of the Main Street Business District through modification options of the City Planning Commission guidelines on historic preservation of the Historic District Commission, (iii) encourages the continuation and establishment of small business, office uses, skilled craft occupations, and entertainment facilities along with certain residential uses, which are appropriate to the scale and existing character of the Main Street Business Area, (iv) encourages mixed use of permitted uses appropriate to the Business District.

It shall be the specific intent of the Commercial Village Zone to be utilized where historic development of the business district uses formed a pattern of buildings and other features that would be disrupted by a standard zoning category intended for highway uses. Its placement is intended where established building patterns have been developed and new development, rehabilitation, or other improvement proposals face practical hardships due to their inability through conventional zoning to be compatible with the existing character of the district. The placement of any property within the Commercial Village Zone infers the use of modification procedures through the Planning Commission to alleviate undue hardship relating to parking restrictions, setback, and other yard requirements necessary to maintain the existing character of the Business District.

(6)

Commercial Village Activity Center Zone. The purpose of this classification is to provide locations where localized retail, service commercial, and employment opportunities can be located to serve an existing population, or located where approved residential development is programmed to serve an area within a two (2) to four (4) mile radius. The zone can also provide locations to serve as a town center for residential development, located within walking distance to offer easy access to stores, services, and employment uses located within the zone.

Buildings and land shall be used and buildings shall be designed, erected, occupied, altered, moved, or maintained in whole or in part in Commercial Neighborhood Zones only for the uses set forth in the Table of Commercial Uses and the following regulations. The floor space of the structure dedicated to the use permitted hereunder, with the exception of the permitted dwelling units shall not exceed two thousand (2,000) square feet in area.

(a)

Uses.

(1)

The uses allowed in the C-N Zone are as provided for in the Table of Commercial Uses of this division.

(b)

Regulations.

(1)

Additional regulations concerning the location, size, and provisions for all buildings and structures in the C-N Zone are provided for in Section 20-7.9, Land Coverage, Section 20-7.10, Yard Regulations, Division 6, Parking and Loading Facilities, Division 7, Signs and Advertising Structures, Division 9, Exceptions and Supplements to Zone Regulations, Division 10, Special Exceptions and Division 15, Landscaping, Buffering, and Screening Regulations, of this article.

Buildings and land shall be used and buildings shall be designed, erected, occupied, altered, moved, or maintained in whole or in part in Commercial Community Zone only for the uses set forth in the Table of Commercial Uses and the following regulations:

(a)

Uses.

(1)

The uses allowed in the C-C Zone are as provided for in the Table of Commercial Uses of this division.

(b)

Regulations.

(1)

Additional regulations concerning the location, size, and provisions for all buildings and structures in the C-C Zone are provided for in Section 20-7.9, Land Coverage, Section 20-7.10, Yard Regulations, Division 6, Parking and Loading Facilities, Division 7, Signs and Advertising Structures, Division 9, Exceptions and Supplements to Zone Regulations, Division 10, Special Exceptions and Division 15, Landscaping, Buffering, and Screening Regulations, of this article.

Buildings and land shall be used and buildings shall be designed, erected, occupied, altered, moved, or maintained in whole or in part in Commercial General Zones only for the uses set forth in the Table of Commercial Uses and the following regulations:

(a)

Uses.

(1)

The uses allowed in the C-G Zone are as provided for in the Table of Commercial Uses of this division.

(b)

Regulations.

(1)

Additional regulations concerning the location, size, and provisions for all buildings and structures in the C-G Zone are provided for in Section 20-7.9, Land Coverage, Section 20-7.10, Yard Regulations, Division 6, Parking and Loading Facilities, Division 7, Signs and Advertising Structures, Division 9, Exceptions and Supplements to Zone Regulations, Division 10, Special Exceptions and Division 15, Landscaping, Buffering, and Screening Regulations, of this article.

Buildings and land shall be used, and buildings shall be designed, erected, occupied, altered, moved, or maintained in whole or in part in Commercial Shopping Center Zones only for the uses set forth in the Table of Commercial Uses and the following regulations:

(a)

Uses.

(1)

The uses allowed in the C-SH Zone are as provided for in the Table of Commercial Uses of this division.

(b)

Regulations.

(1)

Additional regulations concerning the location, size, and provisions for all buildings and structures in the C-SH Zone are provided for in Section 20-7.9, Land Coverage, Section 20-7.10, Yard Regulations, Division 6, Parking and Loading Facilities, Division 7, Signs and Advertising Structures, Division 9, Exceptions and Supplements to Zone Regulations, Division 10, Special Exceptions and Division 15, Landscaping, Buffering, and Screening Regulations, of this article.

Buildings and land shall be used, and buildings shall be designed, erected, occupied, altered, moved, or maintained in whole or in part in the Commercial Village Zone only for the uses set forth in the Table of Commercial Uses and the following regulations:

(a)

Uses.

(1)

The uses allowed in the C-V Zone are as provided for in the Table of Commercial Uses of this division.

(b)

Regulations.

(1)

Additional regulations concerning the location, size, and provisions for all buildings and structures in the C-V Zone are provided for in Section 20-7.9, Land Coverage, Section 20-7.12, Yard Regulations, Division 6, Parking and Loading Facilities, Division 7, Signs and Advertising Structures, Division 9, Exceptions and Supplements to Zone Regulations, Division 10, Special Exceptions and Division 15, Landscaping, Buffering, and Screening Regulations, of this article.

Buildings and land shall be used and buildings shall be designed, erected, occupied, altered, moved, or maintained in whole or in part in Commercial Village Activity Center Zones only for the uses set forth in the Table of Commercial Uses and the following regulations:

(a)

Uses.

(1)

The uses allowed in the C-VAC Zone are as provided for in the Table of Commercial Uses of this division.

(b)

Regulations.

(1)

Additional regulations concerning the location, size, and provisions for all buildings and structures in the C-VAC Zone are provided for in Section 20-7.9, Land Coverage, Section 20-7.13, Yard Regulations, Division 6, Parking and Loading Facilities, Division 7, Signs and Advertising Structures, Division 9, Exceptions and Supplements to Zone Regulations, Division 10, Special Exceptions and Division 15, Landscaping, Buffering, and Screening Regulations, of this article.

(a)

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

(1)

The letter "P" indicates that the use is permitted in the zone indicated.

(2)

The letters "SE" indicate that the use is permitted, subject to the approval of a special exception in accordance with Division 4, Board of Appeals of this article.

(3)

The letter "A" indicates the use is permitted as an accessory building or use in the zone indicated.

(4)

The letter "X" indicates that the use is prohibited.

(5)

All uses not listed are prohibited.

(6)

Whenever the table refers to an allowed use, that use is either permitted (P), permitted by special exception (SE) or accessory (A) as accordingly listed in the zone in which it is allowed.

Table of Commercial Uses

(a)

Any accessory use such as storage of goods which is clearly incidental to conducting a retail business, office or service establishment or other permitted main use shall be permitted provided such an accessory use has no injurious effect on the adjoining residential zone. Any such storage must be contained in an enclosed building; a trailer or any other type or vehicle with or without wheels, will not be an acceptable permitted accessory use for the storage of goods.

(b)

Reserved.

(c)

(1)

All storage and sale activities related to such facility shall occur, and be contained, within an enclosed building, except as otherwise provided herein.

(2)

Merchandise to be auctioned at such facility shall be limited to nonperishable items, the sale and purchase of which is permitted by applicable law; examples of such items including antiques, art work, coins, collectibles, furniture, household appliances, dishes, clothing, books, and other similar items. Additionally, motor vehicles may be auctioned at such facility provided that:

a.

Motor vehicles obtained by the operator of the auction facility as a portion of a decedent's estate may be auctioned at the facility.

b.

Motor vehicles auctioned as part of the sale of all or a substantial portion of the household furniture, furnishings, and other personal property of a family moving from its personal residence may be auctioned at the facility.

c.

Motor vehicles not obtained by the operator of the auction facility as provided herein shall not be auctioned at the facility.

d.

Upon request of the Director of the Department of Economic and Community Development, or his or her designee, the operator of the auction facility shall provide documentation and/or certification, satisfactory to the Director, substantiating that the sale of any automobile at the facility complies with the provisions of this section. The Director may order that the automobile not be sold until this requirement has been complied with. Failure to comply with the provisions of this subsection shall be a municipal infraction, punishable pursuant to the provisions of this article.

e.

Motor vehicles to be auctioned at the facility shall not be stored in any enclosed auction facility building. Motor vehicles to be auctioned shall be stored in the auction facility operator's parking area.

f.

The auction facility operator shall not store more than three (3) motor vehicles for auction, on the premises where the auction facility is located, at any time. All vehicles shall be removed from the facility no later than twenty-four (24) hours after the completion of the sale at which such vehicles were offered for sale. No vehicle to be offered for sale shall be placed on the lot more than twenty-four (24) hours prior to the sale.

(3)

The following types of merchandise shall be prohibited from sale at such facility: All perishable materials; foodstuffs generally, with the exception of beverages which are nonperishable and which are sealed in impermeable packaging; alcoholic beverages, except as expressly permitted pursuant to state law; all produce or harvested materials; plant or vegetable materials generally; all drugs or pharmaceuticals; livestock or animals of any kind; farm machinery, construction machinery, or machinery of any kind, except machinery and equipment normally used for household purposes; and all items the sale or purchase of which is prohibited by applicable law.

(d)

Reserved.

(e)

Reserved.

(f)

Reserved.

(g)

Sale of Christmas trees or other decorative plant materials between November 1 and January 1, provided that an application for a temporary use permit has been approved by the Department of Economic and Community Development, the site has adequate off-street parking, and it is determined by the Director of the Department that such a use would not cause traffic or safety problems. Land use must be set back a minimum of one hundred (100) feet from the nearest residency.

(h)

Convenience stores, if located in shopping centers, integrated commercial complexes larger than fifty thousand (50,000) square feet of gross leasable area and not including any gas pumps. Locations within integrated shopping centers and commercial complexes must provide parking at a ratio of ten (10) spaces per one thousand (1,000) square feet of floor area in freestanding locations on separate parcels, out parcels or pads within shopping centers or commercial complexes, or as an in-line store located within such complexes. Locations not requiring a special exception must comply with the following criteria:

(1)

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.

(2)

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.

(3)

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.

(4)

The application must include normal days and hours of operation.

(5)

A circulation and traffic analysis is required of all applications.

(6)

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

(7)

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

(8)

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

(9)

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.

(i)

Convenience stores, includes freestanding facilities on separate lots, or locations within integrated commercial complexes or shopping centers of less than fifty thousand (50,000) square feet. Gas pumps may not be considered as part of the application except freestanding locations on separate parcels, and subject to provisions within Section 20-22. Locations within integrated shopping centers and commercial complexes must provide parking at a ratio of ten (10) spaces per one thousand (1,000) square feet of floor area in freestanding locations on separate parcels, out parcels or pads within shopping centers or commercial complexes, or as an in line store located within such complexes.

(1)

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.

(2)

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.

(3)

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.

(4)

The application must include normal days and hours of operation.

(5)

A circulation and traffic analysis is required of all applications.

(6)

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

(7)

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

(8)

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

(9)

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.

(j)

Dog grooming establishment provided that:

(1)

Appropriate measures are taken to control noise and odor.

(2)

All animals and services are confined to the interior of the building.

(3)

The structure is located at least one hundred (100) feet from a lot in any residential zone.

(4)

No animals are kept for boarding or breeding

(k)

Dwellings, one-family detached provided that:

(1)

Any such structure is pre-existing, and that such structure has not been modified in such a way that its essential character as a one-family detached structure has been lost. Nothing in this subsection shall be construed to permit the construction of new dwellings in this zone, unless otherwise expressly provided herein.

(2)

Any such dwelling is a newly constructed replacement of an existing single-family detached dwelling unit.

(l)

Garden equipment and supplies, garden furniture, nursery stock, and monuments may be sold on an open lot provided the operation is in connection with an established related business conducted within a store, building, or retail greenhouse, not more than one hundred fifty (150) feet therefrom and provided the sales in open yards comply with the setbacks established in Subsection 20-7.10.b.

(m)

Subject to the provisions of Division 10, Special exceptions. Generally and specifically Sections 20-21.1, 20-22.1 and 20-22.41. When such use includes a fast food restaurant or carryout, no drive thru shall be allowed. In addition to this, garages and repair stations are also prohibited with a gas station complex.

(n)

General contractors' office shall not exceed five thousand (5,000) square feet and no outdoor storage of materials or equipment is permitted; accessory storage allowed in enclosed building, not to exceed five hundred (500) square feet. Stored materials shall not be hazardous or highly flammable in nature. All accessory storage buildings shall be sprinkled per NFPA 13, as amended.

(o)

Gun shops subject to the following conditions:

(1)

That sale of firearms of any type shall not be made to minors.

(2)

That no gun shop shall be allowed within one hundred (100) yards of a park, church, or school.

(p)

Reserved.

(q)

No on premises consumption permitted.

(r)

Reserved.

(s)

Establishments as defined in Section 20-1.7 shall be allowed in an integrated shopping center within this zone subject to site plan review and approval by the Planning Commission upon a showing:

(1)

That the proposed use 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.

(2)

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.

(3)

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, slightly, 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 evergreen trees 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.

(4)

Signs, if erected, shall be in conformance with Division 7, Signs and Advertising Structures, 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 permitted.

(5)

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

(6)

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 by Section 20-1.7.

(7)

This permitted use shall apply only in integrated shopping centers containing at least fifty thousand (50,000) square feet of gross leasable area.

(t)

Subject to approval of site plan by Planning Commission with the following criteria:

(1)

Located within a comprehensively planned professional or retail park.

(2)

The subject property shall have at least one hundred fifty (150) feet of frontage on and vehicular access to a public street with a right-of-way of at least seventy (70) feet.

(3)

The use shall not include the display and rental of cargo trailers, trucks, or similar uses.

(4)

The storage or junking of wrecked motor vehicles (whether capable of movement or not) is prohibited.

(5)

Access driveways shall be defined by curbing.

(6)

Gasoline pumps and other service appliances shall be located at least twenty-five (25) feet behind the street line.

(u)

Automobile rental only may be permitted in open yards provided that all vehicles and advertising are located behind a concrete curb or precast barrier at least ten (10) feet from the front lot line, and that the front yard between the aforesaid barrier and front lot line is landscaped and maintained.

(v)

Automobile rental agencies, subject to the following conditions:

(1)

Only passenger cars, pick-up trucks or vans which do not exceed fifteen (15) feet in bed length, may be rented at such locations. All other types of motor vehicles, including but not limited to trucks, are expressly prohibited. The terms "passenger car," "motor vehicle" and "truck" shall have the same definitions for purposes of this Subsection as in Section 11-144.1 of the Transportation Article of the Annotated Code of Maryland as amended from time to time;

(2)

Automobile rental agencies be allowed only in conjunction with an automobile service facility at the shopping center; and

(3)

No advertising shall appear on the rental vehicles.

(w)

Food or grocery store, limited to five thousand (5,000) square feet, including bakery and delicatessen uses.

(x)

Over five thousand (5,000) square feet, including bakery and delicatessen uses.

(y)

With waiver for area, yard, and parking requirements.

(z)

Laundromat hours of operation limited to 6:00 a.m. to 8:00 p.m.

(aa)

Buildings and offices for professional persons such as doctors, lawyers, architects, engineers and accountants and general business uses including insurance companies, trade associations, executive and administrative offices, real estate companies, and sales offices, provided only samples are displayed or stored on the lot and no goods are distributed from there.

(bb)

Professional offices such as doctor, dentist, lawyer, and architect. Such offices shall be limited to a total of ten thousand (10,000) square feet.

(cc)

Reserved.

(dd)

Reserved.

(ee)

Reserved.

(ff)

Reserved.

(gg)

Reserved.

(hh)

A house of worship shall comply with the following:

(1)

The minimum setback for all buildings shall be twenty-five (25) feet from each lot line;

(2)

Ingress and egress shall be located so as to direct traffic away from streets that are internal to a residential subdivision;

(3)

The applicant shall satisfactorily demonstrate that parking and traffic will not adversely affect adjacent residential neighborhoods;

(4)

Parking spaces or loading areas shall not be located in the front yard; and

(5)

The maximum allowable lot coverage for the zone in which the use is proposed shall not exceed fifty (50) percent.

(ii)

Sale of alcoholic beverages for off-premises consumption is permitted in a State of Maryland approved Development District.

(jj)

Retail sales of cigars, flavored tobacco, hookahs and accessories. The sale, distribution, consumption and smoking of cannabis on the premises is prohibited. Hookah/shishas is a water pipe used to smoke tea, herbs and/or flavored tobacco. It can have single or multiple hoses and tips to share among a group.

A retail store and smoking lounge is subject to the following conditions:

(1)

All lounge patrons and occupants must be at least twenty-one (21) years of age.

(2)

Smoking lounge can only sell pre-packaged snacks such as chips and nuts no on-site food preparation.

(3)

Live performance by a band or other performing group permitted, no dancing allowed. Performances limited to two (2) events per month. The business owner shall give written notice seven (7) days before the event to the Department of Economic and Community Development. The notice shall include the band or group in order for the Laurel Police Department to determine security needs.

(kk)

Rental hall encompassing the whole or part of a building leased to groups for private meetings, private banquets, business seminars, weddings, training classes, and other such similar functions not including a restaurant or on-site kitchen facilities. A rental hall does not include a nightclub or social club holding a liquor license or any use with entertainment and/or dancing or uses not listed herein and shall not charge an admission, cover, or other fee other than the facility rental fee.

(ll)

Premises must front on U.S. Route 1 (Washington Boulevard, Second Street, or Baltimore Avenue).

(mm)

A tourist home shall comply with the following:

(1)

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

(2)

All tourist homes must obtain a tourist home license for this use, which must be applied for by the owner of the property. Prior to issuance of this license, the premises must be inspected by the Office of the Fire Marshal and Permit Services and approved, subject to any conditions deemed appropriate by the Fire Marshal or designee, prior to the first night of occupancy for this use, and every year thereafter of operation.

(3)

The Tourist Home license will expire annually on July 1, at which time the applicant has thirty (30) days to renew the license.

(4)

Off street parking must be provided for all visitor vehicles. All vehicles must be parked in accordance with Section 18-166.2 of the Laurel City Code.

(5)

Only one (1) tourist home is permitted per city street.

(6)

The owner may not rent the tourist home for a period less than three (3) days between visitor stays.

The City of Laurel will maintain a database for all tourist home licenses, which will include, but is not limited to, the following:

(3)

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

(4)

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

The Fire Marshal shall be entitled to inspect the premises of any tourist home upon twenty-four-hour written notice to the owner, or immediately should an emergency condition be reasonably believed to exist. Should a violation be found to occur, the owner of the property may be cited for any such violation(s), and the owner shall be given fifteen (15) days to correct the violation. If, however, the violation involves an emergency condition that could, in the reasonable judgment of the Fire Marshal, substantially threaten the health or safety of any residents or visitors within the premises, the

(nn)

In the Commercial Shopping Center (C-SH) zone, the vehicle service center must be operated in a stand-alone existing building, not attached to the strip development.

(oo)

Subject to the provisions of Division 9, Exceptions and Supplements to the Zone Regulations. Generally and specifically Section 20-20.10(b).

(Ord. No. 1720, 7-25-2011; Ord. No. 1738, 2-27-2012; Ord. No. 1777, 7-22-2013; Ord. No. 1800, 6-16-2014; Ord. No. 1815, 11-24-2014; Ord. No. 1833, 3-9-2015; Ord. No. 1844, 4-27-2015; Ord. No. 1862, 2-8-2016; Ord. No. 1877, 9-26-2016; Ord. No. 1912, 4-24-2017; Ord. No. 1931, 9-24-2018; Ord. No. 1942, 4-22-2019; Ord. No. 1960, 10-26-2020; Ord. No. 1966, 1-25-2021; Ord. No. 1974, 6-28-2021; Ord. No. 1987, 10-25-2021; Ord. No. 1991, 1-10-2022; Ord. No. 1999, 9-26-2022; Ord. No. 2012, 10-23-2023; Ord. No. 2016, 9-25-2023; Ord. No. 2024, 4-22-2024)

(a)

In Commercial Neighborhood, Commercial Community, Commercial General, Shopping Center, and Commercial Village Activity Center Zones, notwithstanding any other provisions of this article, the land area occupied by main and accessory buildings shall not be more than thirty (30) percent of the total area of the parcel being developed, except that a parking deck or garage or portion thereof which supplies up to but not exceeding forty (40) percent of the required off-street parking shall not be included in calculating land coverage in the C-G and C-SH Zones.

In all commercial zones, buildings and land shall abut a dedicated street for required lot width, and shall be used, and buildings shall be designed, erected, occupied, altered, moved or maintained in whole or in part only in accordance with the following schedule and regulations:

(a)

Yards for dwelling. The yard requirements established for the adjacent residential zones shall apply to the buildings, or the parts thereof, used for dwelling purposes; however, dwellings which are nonconforming in regard to the area or yard regulations on January 1, 1990 may be continued to be used in accordance with the provisions of Division 11, Nonconforming Uses, of this article.

(b)

Schedule. See schedule of area, yard, and height regulations for commercial uses, Section 20-7.11.

(c)

Supplementary yard regulations.

(1)

Front yards. For buildings and uses, shall not be less than established in the schedule of area, yard, and height regulations for commercial uses, Section 20-7.11, and no structure shall be erected in front of such line.

a.

Wherever parking areas are proposed in front yards, the Planning Commission may require, as a condition of approval, that a front yard depth greater than set forth in Section 20-7.11 is deemed proper to relate the proposed structure to surrounding development. If parking, not associated with off-street parking requirements, for the sales or rental of vehicles is permitted in a front yard, a concrete curb or precast barrier shall be erected along the parking, sales, or rental area, and the front yard between such line and the public right-of-way shall be not less than thirty-five (35) feet and shall be landscaped and maintained.

(2)

Side yards. Whenever a commercial building is located adjacent to another commercial building having one (1) or more party walls with one (1) or more similar buildings, there shall be no side yards required except for external walls. Individual commercial buildings shall be separated not less than ten (10) feet from the nearest commercial building.

(3)

Side yard on corner lots. Whenever a business building is located on a corner lot, the width of the side yard on the side street shall be not less than fifty (50) feet for major arterial streets, thirty-five (35) feet for collector streets, and twenty-five (25) feet for local collector and local streets.

(4)

Yard screening and landscaping.

a.

Wherever a commercial building is located on a lot which adjoins a residential zone, a side or rear yard of not less than set forth in Section 20-7.11 shall be provided on the commercial lot, and the Planning Commission may require a wall, fence, berm or other appropriate screening placed at least ten (10) feet inside the commercial zone boundary line to reduce the visual encroachment of commercial buildings, signs and activity, shielding adjacent residential areas from parking lot illumination, headlights, fumes, heat, blowing papers, and dust.

b.

The area between such wall, fence, or berm and the property line shall be treated with plantings to form a permanent landscaped area.

c.

The Planning Commission may waive the requirement for wall or fence if equivalent screening is provided by existing or planned parks, parkways, recreation area or by topography or other natural conditions.

d.

In Commercial zones the yards shall not be less than that set forth in the following schedule:

(a)

Landscaping required for parking areas may be included in determining the required green space.

(b)

Mechanical spaces for building equipment placed on the building's roof may be allowed above the maximum height specified provided such mechanical space is setback a minimum of fifteen (15) feet from any exterior wall, does not exceed fifteen (15) feet in height, is adequately screened from view.

(c)

May be increased in increments of ten (10) feet to a maximum of one hundred (100) feet provided that for every ten (10) feet increase the side and rear yards are increased ten (10) feet if adjacent to a residential zone and five (5) feet if adjacent to a nonresidential zone and the front yard is increased fifteen (15) feet.

The Planning Commission may modify the provisions of the yard regulations at Section 20-7.11 and parking regulations at Section 20-16.14 if: (1) the proposed development is in character with existing buildings and enhances the intent of the zone, and if (2) better design and building siting results in improved circulation and enhanced landscaping.

(a)

Automobile service stations.

(1)

Whenever a proposed automobile service station is within five hundred (500) feet of a house of worship, school, library, public playground, or existing automobile service station, notice by mail shall be given to said institutions or individuals at least ten (10) days before Planning Commission reviews the request.

(2)

All driveways, platforms, and curbs of service stations, whether located on a City street, county road, or state highway, shall be designed in accordance with the latest revision of the "Regulations Governing Ingress and Egress at Gasoline Service Stations Fronting on all Highways under State Jurisdiction in Maryland," adopted by the Maryland Department of Transportation.

(3)

Notwithstanding any of the provisions of this article, any individual, company, or corporation intending to establish an automobile service station shall submit to the Planning Commission data of existing and projected traffic volumes and patterns in proximity to the proposed station as well as a marketing study showing "need" for another automobile service station.

(b)

Satellite dish antennas. A receiving satellite dish antenna may be installed as an accessory use, up to ten (10) feet in diameter, in the C-N and C-G Zones, and up to sixteen (16) feet in diameter in C-G, C-SH, C-V, and C-VAC Zones, when mounted on the ground and subject to the provisions of Section 20-15.2.

(a)

Established. A Commercial Shopping Center Zone may be established upon a tract of land in single ownership or under unified control, provided that a detail site plan for a planned commercial center is submitted and approved in accordance with the regulations, procedures, and requirements of this article.

(b)

Scope of commercial shopping center development area. Any development may submit development plans for neighborhood, community, and regional shopping centers in accordance with the provisions of this section and other applicable parts of this article.

(a)

A developer shall submit to the Planning Commission a sketch development plan of the shopping center with supporting data including, but not limited to, a market analysis, financial report, time schedule, traffic study, and substantiation of ownership, all of which shall be prepared by qualified professional persons.

(b)

The sketch development plan and supporting data shall include the following:

(1)

Sketch development plan. Designed in accordance with the planning standards, regulations and criteria established in this article and the Laurel Subdivision Regulations shall show: a unified and organized arrangement of buildings, off-street parking, internal pedestrian and vehicular circulation, and service facilities.

(2)

Market analysis. Shall include:

a.

Identification of the trade area of the proposed shopping center;

b.

Trade area population, present and future; and

c.

Net potential customers buying power for stores in the proposed shopping center.

(3)

Financial report. To satisfy the Planning Commission as to the financial responsibility of the proponent to carry the proposal to completion in full compliance with this section shall include:

a.

The source of construction funds;

b.

Names of persons who are main, general, and/or controlling partners.

(4)

Traffic study. Shall include an estimate of traffic volumes to be generated by the development and the assignment of traffic to proposed entrances and exits.

(5)

Substantiation of ownership. Shall include a certification of a title company that the record owners of the property as represented on the application for shopping center development are correct.

(a)

Report to council.

(1)

Within sixty (60) days after a sketch development plan has been filed with the Executive Secretary of the Planning Commission, the Planning Commission shall evaluate the land and shall furnish to the Mayor and City Council its detailed report and recommendation with respect thereto.

(2)

The report of the Planning Commission shall include a finding either that the sketch development plan and supporting data complies with the regulations, standards and criteria prescribed by this article for planning shopping centers applicable to the proposal, or a finding of any failure of such compliance, and the Commission's action that the sketch development plan is approved, disapproved or modified.

(3)

If in any such evaluation the Planning Commission finds that any regulations, standards or criteria prescribed by this article are inapplicable because of unusual conditions related to the shopping center, or the nature and quality of the proposed design, it may recommend to council that an adjustment in such regulations, standards or criteria be made, provided such adjustment will not be in conflict with the promotion of the public health, safety and general welfare of the City.

(b)

Action by council. The Mayor and City Council at not later than its next regular meeting following receipt of the Planning Commission report shall then proceed to act upon such sketch plan as provided in the City Charter.

Following affirmative action by the Mayor and City Council, the Department of Economic and Community Development shall notify the developer of such action, and authorize him/her to proceed with the preparation of a preliminary development plan.

(a)

The preliminary development plan shall contain the following:

(1)

Location, orientation, and exterior dimensions of all main and accessory buildings;

(2)

Location and dimensions of vehicular and service entrances, exits and drives;

(3)

Location, arrangement and dimensions of automobile parking space, width of aisles, width of bays and angle of parking;

(4)

Location, arrangement and dimensions of truck loading and unloading spaces and docks;

(5)

Location and dimensions of pedestrian entrances, exits, walks and walkways;

(6)

Topography and general drainage system;

(7)

Location and dimension of all walls and fences;

(8)

Location, size, height, orientation, and design of all freestanding signs;

(9)

Location of all buildings, streets and other topographical features within five hundred (500) feet of the proposed shopping center boundary; and

(10)

Location, dimensions and arrangements of area to be devoted to planted lawns, trees or any other purpose.

(b)

Action by Planning Commission. Within sixty (60) days from the date on which the preliminary development plan is filed with the Department of Economic and Community Development, the Planning Commission shall review, approve or disapprove such plan in writing, stating in the case of disapproval, the reasons for such disapproval, and in all cases giving due notice to the applicants. In the case of disapproval, the applicant may submit to the Planning Commission an amended plan which shall include those changes made necessary to accomplish compliance with the conditions for approval stated by the Planning Commission.

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

(a)

A complete final development plan covering the entire Commercial Shopping Center Zone shall be prepared by the developer and filed with the Department of Economic and Community Development within not more than:

(1)

One (1) calendar year from the effective date of any designating an area a Commercial Shopping Center Zone at a neighborhood shopping center.

(2)

Two (2) calendar years from the effective date of any designating an area a Commercial Shopping Center Zone at a community shopping center.

(3)

Five (5) calendar years from the effective date of any designating an area a Commercial Shopping Center Zone at a regional shopping center.

(b)

The final development plan shall be a refined version of the preliminary development plan and shall incorporate all conditions stipulated by the Planning Commission in their approval of the preliminary development plan and have all approvals from utilities providers.

(c)

Within sixty (60) days from the date on which the final development plan is filed with the Department of Economic and Community Development, the Planning Commission shall review, approve, or disapprove such plan. If the Planning Commission finds that a proposed final development plan of a shopping center is in substantial compliance with, and represents a detailed expansion of the preliminary development plan heretofore approved; that it complies with all of the conditions which may have been imposed in the approval of the preliminary development plan; that it is in accordance with the design criteria and provisions of these regulations which apply particularly to any plan of a Commercial Shopping Center Zone and that all applicable provisions of the Subdivision Regulations have been complied with, the Planning Commission shall then approve such final development plan.

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

Following the approval of a final development plan of a shopping center, the Chief Building Official (CBO) shall be so notified and building and other permits may be issued upon payment of the required fees.

(a)

If the developer of a planned shopping center in any Commercial Shopping Center Zone wishes to make any change, alteration, amendment, or extension to any approved final development plans, he shall submit such request to the Planning Commission.

(b)

If, in the opinion of the Commission, the requested change is in substantial compliance with the final development plan, the Planning Commission shall approve such change and notify the Director of the Department of Economic and Community Development who shall issue a building permit accordingly.

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

(a)

A developer, having obtained approval of any final development plan for a shopping center may accomplish the development in progressive stages as may be approved by the Planning Commission.

(b)

If the development of a shopping center is to be carried out in progressive stages, each stage shall be so planned that the foregoing requirements and the intent of this article shall be fully complied with at the completion of any stage. Each stage of development shall be reviewed and approved by the Planning Commission before a building permit can be issued.

(a)

A building permit shall be secured and construction begun in accordance with the approved final development plan for a Commercial Shopping Center Zone within eighteen (18) months from the effective date of the approval of the final development plan.

(b)

In the event that construction is not started within the specified time limits and the project has not been delayed by circumstances beyond the control of the owner, the Mayor and City Council after a recommendation by the Planning Commission shall review the zoning and the progress which has taken place and, if deemed necessary, initiate proceedings to reclassify the property to an appropriate zoning classification; if land which is zoned C-SH was previously and most recently zoned C-N, C-C, or C-G, then the most appropriate zoning classification shall be that of the previous and most recent zone.

A performance bond or letter of credit shall be required guaranteeing the completion of all public improvements required by the City before a building permit may be issued.

(a)

In order to implement the Master Plan and supplements, the regulations and criteria of the Zoning Regulations, the Planning Commission may prepare area plans for the construction, completion, or rehabilitation of any commercial area or for coordinating the proposed development with surrounding areas. Such designs may include, but are not limited to, the Planning Commission's recommendations on:

(1)

The use, location, and general design of buildings;

(2)

The relationship of buildings to each other, yard and other open spaces;

(3)

The location and width of streets and pavements;

(4)

The location, width and control of access ways to major streets, parking and loading area; and

(5)

Pedestrian ways, paved areas, landscaped planting, exterior lighting, signs, street furniture, and other exterior and landscape features.

(6)

Any other condition placed upon the property by the Planning Commission or Mayor and City Council.

(b)

Such area plans shall be developed in accordance with the objectives of the comprehensive plan and criteria set forth in this section and any other applicable provisions of the Zoning Regulations. After such plans are duly adopted by the Planning Commission and Mayor and City Council, they shall be construed as being a part of this article and any new construction, additions to or rebuilding of such a commercial area, or parts thereof, shall be in substantial compliance therewith.

(a)

Site development plans, including landscaping and any other plans or material, which the Planning Commission or Mayor and City Council deems necessary, shall be prepared by the developer for all proposed developments in any commercial zone which shall be submitted to the Planning Commission for review and approval.

(b)

If the site development plan and other plans or material required is found by the Planning Commission to be in compliance with the requirements of the zone and all other applicable parts of this article, it shall approve such development plan within sixty (60) days from the date of the meeting when all required plans and data had been received. If not found to be in compliance therewith, the Planning Commission may recommend revisions to be made by the developer. If revisions are necessary, the sixty-day review period shall start when the revised plans are filed.

(c)

Data to accompany site and landscape plan requests for approval. All site and landscape plans submitted to the Planning Commission for review shall display the name or seal of a registered civil engineer. In addition, all submissions shall be accompanied by a location map of the site.

(d)

After Planning Commission approval, the developer may apply for a building permit which shall be issued by the Director of the Department of Economic and Community Development if the building plans and specifications are found to comply with the City Building Code and Fire and Life Safety Code.

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

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

Parking in any commercial zone shall be in accordance with the regulations as set forth in Division 6, Parking and Loading Facilities, of this article.

Where a particular parcel(s) of land has been designated as a Commercial Shopping Center Zone by the Mayor and City Council as of January 1, 1990 and prior to initiation by a developer and submission of sketch, preliminary, and final development plans by the developer, such plans shall still be submitted prior to any further development within that Commercial Shopping Center Zone in accordance with the time requirements as specified in this section.

These regulations regarding area, yard, parking and setback requirements may be modified by the Planning Commission, when a specific lot or lots, structure, or use is located in the Modification Overlay areas, identified in the Master Plan, where the Mayor and City Council has resolved after a public hearing that practical difficulties and possible undue hardship prevent the strict application of these requirements within that established area and the Mayor and City Council have approved the changes.

The intent of the special purpose overlay is to provide opportunities for development to occur with collections of individual, but highly interrelated, complimentary uses (e.g., residential and nonresidential). The mix of allowed uses, the flexibility of development and the development standards distinguishes the overlay. The regulations also promote areas that will enhance the economic viability of the special mixed-use overlay and the City as a whole. In addition, the regulations provide clarity to property owners, developments, and neighbors as to the limits of what is permitted.

(a)

General purpose. The purpose of the Arts and Entertainment Overlay is to provide an active, pedestrian oriented area with its character set by residential, commercial, arts and entertainment uses. The scale of the areas comes for its existing historic structure. The enhancement and preservation of those features within the area that contribute to the area's focus as a pedestrian arts and entertainment center is encouraged. The overlay offers opportunities for more intense redevelopment of housing, businesses, and workplaces to complement the Main Street business area. Improvements should highlight the historic nature of the area as well as expand the cultural opportunities. Redevelopment shall extend positive characteristics of the Main Street business area such as the pattern of blocks, pedestrian-oriented street fronts, and outdoor spaces. New construction shall maintain the business area's existing character.

The standards contained in the Arts and Entertainment Overlay area shall be applied only to those lots/parcels which are contained in the area defined as: Beginning at the northwest corner of Washington Boulevard—Rt. 1 southbound and Tolson Alley, running westerly along the south side of Tolson Alley to the west side to "A" Street, then running northerly along the west side of "A" Street to an unnamed alley that transverses Block 41 Lots 7 and 15, then running westerly along the south of said unnamed alley to the west side of "B" Street, then running northerly along the west side of "B" Street to Parcel 25, aka Riverfront Park, then running westerly along the south side of Parcel 25 to Fourth Street, then running southerly along the east side of Fourth Street to Fetty Alley, then running easterly along the north side of Fetty Alley to Washington Boulevard—Rt. 1 southbound, then running northerly along the west side of Washington Boulevard—Rt. 1 southbound to the point of beginning.

(b)

Uses. Buildings and land shall be used and buildings shall be designed, erected, occupied, altered, moved, or maintained in whole or in part in the Arts and Entertainment Overlay only for the uses set forth in the Table of Arts and Entertainment Uses and the following regulations.

(c)

Regulations.

(1)

Additional regulations concerning the location, size, and provisions for all buildings and structures in the AE Overlay are provided for in Section 20-7.9, Land Coverage, Section 20-7.11, Schedule of Area, Yard, and Height Regulations for commercial uses, Division 6, Parking and Loading Facilities, Division 7, Signs and Advertising Structures, Division 9, Exceptions and Supplements to Zone Regulations, Division 10, Special Exceptions and Division 15, Landscaping, Buffering, and Screening of this article (Article I, Zoning).

(d)

Pedestrian standards.

(1)

Purpose. The pedestrian standards encourage a safe, attractive, and usable pedestrian circulation system in a nonresidential development. Standards ensure a direct pedestrian connection between the street and buildings on the site, and between buildings and other activities within the site. In addition, standards provide for connections between adjacent sites, where feasible.

(2)

Qualifying types of development. This regulation applies to all new nonresidential development and remodeling projects that exceed fifty (50) percent of the structure's assessed value. Assessed value shall be determined by reference to the official property tax assessment rolls of the year the structure is to be remodeled.

(3)

Standards. An on-site pedestrian circulation system must be provided. The system must meet all standards of this section.

a.

Connections.

i.

Connection to street. The sidewalk system must connect all abutting streets to the main entrance.

ii.

Internal connections. The sidewalk system must connect all buildings on the parcel, and provide connections to other areas of the site, such as parking areas, bicycle parking, recreational areas, common outdoor areas, and any other amenities.

b.

Materials.

i.

The circulation system must be hard-surfaced, and be at least five (5) feet wide.

ii.

Where the system crosses driveways, parking areas and loading areas, the system must be clearly identifiable through the use of elevation changes, speed bumps, different paving materials, or other similar method. Striping does not meet this requirement.

iii.

Where the system is parallel and adjacent to a motor vehicle travel lane, the system must be a raised path or be separated from the lane by a raised curb, bollards, landscaping or other physical barrier. If a raised path is used the ends of the raised portions must be equipped with curb ramps.

c.

Lighting. The on-site pedestrian circulation system must be lighted to a level where the employees, residents, visitors and customers can use the system at night. Lighting shall be in accordance with the Department of Public Works period lighting program.

(e)

Exterior display, storage and work activities.

(1)

Purpose. The standards of this section are intended to assure that exterior display, storage, and work activities:

a.

Will be consistent with the desired character of this zone;

b.

Will not be a detriment to the overall appearance of the Commercial Village area;

c.

Will not have an adverse impact on adjacent properties, especially those with residential uses; and

d.

Will not have an adverse impact on the environment.

(2)

Qualifying types of development. This regulation applies to all existing, new, remodeling projects.

(3)

Exterior display and storage. Exterior display and storage of goods are prohibited.

(4)

Exterior work activities. Exterior work activities are prohibited except for the following uses that comply with all applicable regulations: restaurants, entertainment and recreation uses that are commonly performed outside, commercial surface parking lots, and outdoor markets.

(a)

No use shall be allowed in the Arts and Entertainment Overlay, except as provided for in the Table of Arts and Entertainment Uses. In the table, the following applies:

(1)

The letter "P" indicates that the use is permitted in the overlay indicated.

(2)

The letters "SE" indicate that the use is permitted, subject to the approval of a special exception in accordance with Division 4, Board of Appeals of this article.

(3)

The letter "A" indicates the use is permitted as an accessory building or use in the overlay indicated.

(4)

The letter "X" indicates that the use is prohibited.

(5)

All uses not listed are prohibited.

(6)

Whenever the table refers to an allowed use, that use is either Permitted (P), Permitted by Special Exception (SE) or Accessory (A).

Table of Arts and Entertainment Uses

(a)

Hours of operations limitation. Retail stores and facilities shall not be opened for business between the hours of 12:00 midnight and 6:00 a.m.

(b)

Art sale limitation. Any goods manufactured for sale shall only be sold on site or by internet.

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

(a)

This zone is established to provide for certain uses of land and structures for office space and certain service uses which are compatible to office building use. This zone will not allow local or general retail commercial uses, billboards and other outdoor advertising structures. The zone will provide a transition from Commercial General to residential uses. The regulations are designed to permit development of permitted uses limited to design standards to protect abutting or surrounding residential zones. To these ends, the regulations establish standards resulting in compatible office building uses with service facilities and necessary parking facilities.

(b)

The Office Building Zones and their regulations are established herein in order to achieve, among others, the following purposes:

(1)

To provide areas devoted exclusively to professional services, banking and other similar financial services and the management of commercial, industrial, public and semi-public institutions;

(2)

To establish criteria and procedures for planned office areas so they may be coordinated with surrounding developments;

(3)

To protect adjacent residential neighborhoods by regulating the types, bulk and spacing of office uses, particularly at the common boundaries; and

(4)

To promote the most desirable land use and traffic patterns in accordance with the objectives of the duly adopted Master Plan.

Buildings and land shall be used and buildings shall be designed, erected, altered, or maintained in whole or in part in Office Building Zones only for the uses set forth in the Table of Office Building Uses and the following regulations:

(a)

Uses.

(1)

The uses allowed in the O-B Zone are as provided for in the Table of Office Building Uses of this division.

(b)

Regulations.

(1)

Additional regulations concerning the location, size, and provisions for all buildings and structures in the O-B Zone are provided for in Section 20-8.4, Land coverage, Section 20-8.6, Yard Regulations, Division 6, Parking and Loading Facilities, Division 7, Signs and Advertising Structures, Division 9, Exceptions and Supplements to Zone Regulations, Division 10, Special Exceptions and Division 15, Landscaping, Buffering, and Screening of this article.

(a)

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

(1)

The letter "P" indicates that the use is permitted in the zone indicated.

(2)

The letters "SE" indicate that the use is permitted, subject to the approval of a special exception in accordance with Division 4, Board of Appeals of this article.

(3)

The letter "A" indicates the use is permitted as an accessory building or use in the zone indicated.

(4)

The letter "X" indicates that the use is prohibited.

(5)

All uses not listed are prohibited.

(6)

Whenever the table refers to an allowed use, that use is either Permitted (P), Permitted by Special Exception (SE) or Accessory (A) as accordingly listed in the zone in which it is allowed.

Table of Office Building Uses

(a)

Does not include parking lots or parking structures that are accessory to the main use of the property.

(b)

Such use shall not include scientific testing or experimentation upon animals, and testing or experimentation upon animals related to such use shall be prohibited. For the purposes of this section, an animal shall be defined as any member of the subphylum vertebrata, commonly known as vertebrates. The issuance of a use and occupancy permit for any laboratory shall be expressly conditioned upon the granting to and the maintaining by the applicant of all licenses required by all appropriate federal, state, and local governmental agencies for the operation of the laboratory. The use and occupancy permit shall also be expressly conditioned upon a satisfactory review by the City of Laurel Department of Economic and Community Development, at least annually, but more frequently at the discretion of the Director of the Department of Economic and Community Development, to confirm that all such required licenses are still in full force and effect. At the time of any such periodic review, the permit holder shall provide copies of all inspection reports of all such licensing agencies to the Director of the Department of Economic and Community Development. Failure to maintain all such required licenses or failure to provide the information required herein shall be grounds for suspension or revocation of the use and occupancy permit.

(c)

Reserved.

(d)

Reserved.

(e)

Publicly owned or operated buildings and uses including community buildings and public parks, playgrounds and other recreational areas; but excluding dumps, incinerators and sanitary landfills.

[(f)

Reserved.]

(g)

Subject to the provisions of Division 9, Exceptions and Supplement to the Zone Regulations. Generally and specifically Section 20-20.10(c).

(h)

Subject to the provisions of Division 9, Exceptions and Supplement to the Zone Regulations. Generally and specifically Section 20-20.10(d).

(Ord. No. 1738, 2-27-2012; Ord. No. 1744, 7-23-2012; Ord. No. 1844, 4-27-2015; Ord. No. 1931, 9-24-2018; Ord. No. 1960, 10-26-2020; Ord. No. 1974, 6-28-2021; Ord. No. 1999, 9-26-2022)

(a)

In the Office Building Zones, notwithstanding any other provisions of this article, the land area occupied by main and accessory buildings shall not be more than thirty (30) percent of the total net lot area of the parcel being developed.

(b)

In Office Building Zones, at least ten (10) percent of the net lot area must be green space. Landscaping for parking areas may be included in determining the required green space.

In the Office Building Zones, buildings and land shall either abut a dedicated street or be arranged in groups or clusters such that each group or cluster abuts a dedicated street for the required lot width (although each office building within such group or cluster need not so abut) provided:

(a)

Each office building is accessible by means of a private drive to service and emergency vehicles in a manner acceptable to the Chief Building Official.

(b)

The method of construction and construction materials for private drives meet accepted engineering practice and are approved by the Chief Building Official.

(c)

The location, design and construction of all utilities on private or common land is approved by the Chief Building Official.

(d)

The preservation and maintenance of all private drives and utilities on private land is assured.

(a)

Schedule. In the Office Building Zones the yards shall not be less than that set forth in the following schedule:

Schedule of Yards and Setback Dimensions for Office Building Uses

(a)

Mechanical spaces for building equipment placed on the building's roof may be allowed above the maximum height specified provided such mechanical space is setback a minimum of fifteen (15) feet from any exterior wall, does not exceed fifteen (15) feet in height, is adequately screened from view.

(b)

May be increased in increments of ten (10) feet to a maximum of one hundred (100) feet provided that forever ten (10) feet increase the side and rear yards are increased ten (10) feet if adjacent to a residential zone and five (5) feet if adjacent to a nonresidential zone and the front yard is increased ten (10) feet.

(b)

Supplementary yard regulations. Yards may be used for off-street parking, loading, traffic circulation, illumination, landscaping and signs as regulated in other sections of this article.

(1)

Front yards. Front yards for buildings and uses, shall not be less than established in the preceding schedule, and no structure shall be erected in front of such line.

a.

If parking is permitted in front yards, a concrete curb or precast barrier shall be erected along the parking area, and the front yard between such line and the public right-of-way shall be landscaped and maintained attractively.

(2)

Side yards. Whenever an office building is located adjacent to another office building having one (1) or more walls with one (1) or more similar buildings, there shall be no side yards required except for external walls. Individual office buildings shall be separated by not less than twenty (20) feet from the nearest office building.

(3)

Side yard on corner of lots. Whenever an office building is located on a corner lot, the width of the side yard on the side street shall be not less than fifty (50) feet.

(4)

Yard screening and landscaping. Whenever an office building is located on a lot which adjoins a residential zone, a side or rear yard of not less than set forth on the preceding schedule shall be provided on the office building lot, and the Planning Commission may require a wall, fence, or other appropriate screening placed at least ten (10) feet inside the Office Building Zone boundary line to reduce the visual encroachment of office buildings, signs, and activity and shield adjacent residential areas from parking lot illumination, headlights, fumes, heat, blowing papers and dust. The area between such wall or fence and the property line shall be treated with plantings to form a permanent landscaped area.

(a)

Site and landscape plans including conceptual building plans and elevations and any other plans which the Planning Commission deems necessary, shall be prepared by the developer for all proposed developments in any Office Building Zone which shall be submitted to the Planning Commission for review and approval.

(b)

If the site and landscape plans are found by the Planning Commission to be in compliance with the requirements of the applicable zone and all other applicable parts of this article, it shall approve such plans within sixty (60) days from the date of the meeting when all required plans and data had been received. If not found to be in compliance therewith, the Planning Commission may recommend revisions to be made by the developer.

(c)

After Planning Commission approval, the developer may apply for a building permit which shall be issued by the Chief Building Official if the building plans are found to comply with the City Building Code.

(d)

Data to accompany site and landscape plan requests for approval. All site and landscape plans submitted to the Planning Commission for review shall, at the discretion of the Director of the Department of Economic and Community Development, display the name or seal of a registered civil engineer. In addition, all submissions shall be accompanied by a location map of the site.

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

Signs shall be designed, erected, altered, reconstructed, moved and maintained, in whole or in part, in accordance with the provisions set forth in Division 7, Signs and Advertising Structures, of this article.

Parking in an Office Building Zone shall be in accordance with the regulations as set forth in Division 6, Parking and Loading Facilities, of this article.

This zone is established to provide for certain office uses and structures that pre-exist the adoption of this section to continue as uses permitted by right. Expansion of either uses or structures is to be prohibited, except that the uses existing at the time of the adoption of this section shall be permitted by right in order to ensure the continued use of the structures and to protect adjacent residential structures from a change in character of the neighborhood.

Buildings and land shall be used or maintained in whole or in part in Office Building-Existing Zones only for the uses set forth in the Table of Office Building Uses and the following regulations:

(a)

Uses.

(1)

The uses allowed in the O-B-E Zone are as provided for in the Table of Office Building Uses of this division.

(b)

Regulations.

(1)

Additional regulations concerning the location, size, and provisions for all buildings and structures in the O-B-E Zone are provided for in Section 20-8.4, Land coverage, Section 20-8.6, Yard Regulations, Division 6, Parking and Loading Facilities, Division 7, Signs and Advertising Structures, Division 9, Exceptions and Supplements to Zone Regulations, Division 10, Special Exceptions and Division 15, Landscaping, Buffering, and Screening, of this article.

Freestanding signs in the Office Building-Existing (O-B-E) Zone shall be designed, erected, altered, reconstructed, moved and maintained, in whole or in part, in accordance with the provisions set forth in Division 7, Signs and Advertising Structures, of this article. Unless approved by the Planning Commission, in the Office Building-Existing (O-B-E) Zone flat wall signs shall not exceed twenty (20) square feet for each building in which the main use is located, and projecting signs shall not exceed ten (10) square feet for each face of the sign for each building in which the main use is located.

Any expansion of parking which existed on March 19, 1992 in the Office Building-Existing (O-B-E) Zone shall be at the discretion of the Planning Commission.

Industrial-Commercial Service, Industrial General, and Industrial Research and Technology Park Zones, and their regulations are established herein in order to achieve, among others, the following purposes:

(a)

To provide appropriate, convenient zones, and sufficient areas for carrying on research, production, manufacturing, and distributing goods to serve the community, to promote employment and to strengthen the economy of the community.

(b)

To improve the general environment by prohibiting dwellings and institutions in the industrial zones, and by so doing, make land more readily available for industry.

(c)

To protect adjacent residential zones by restricting the types of manufacturing uses to only those not creating objectionable influences beyond their zone boundaries and by separating and insulating them from the most intense manufacturing activities.

(d)

To protect manufacturing and related development against congestion, insofar as is possible and appropriate in each area, by limiting the bulk of buildings in relation to the land and by providing off-street parking and loading facilities.

(e)

To promote the most desirable use of land in accordance with the objectives of the City Master Plan.

(f)

Industrial Commercial Service Zones. To provide zones in appropriate and convenient areas for commercial contracting, storage and distribution services and related types of production processes, as well as general offices, including administrative, business and professional offices.

(g)

Industrial General Zones. To provide zones for those products and processes which require motor vehicle trucking and rail service for transportation of the raw materials and finished products, but in which dust, smoke, fumes, glare, odors, or other objectionable influences can be controlled.

(h)

Industrial Research and Technology Park Zones. To provide zones to achieve, among others, the following purposes:

(1)

To provide, in appropriate and convenient locations, areas for industries and business organizations which have common characteristics with respect to site requirements, desired amenities, compatibility of operation, and access.

(2)

To provide an environment which is relatively free from nuisances such as noise, vibration, air pollution, or other detrimental aspects of standard industrial or manufacturing uses.

(3)

To allow the design and development of coordinated areas where offices, research and scientific firms, as well as component and electronic assembly or production firms may be located within landscaped areas in general proximity to residential areas without substantial negative impacts.

(4)

To improve the general environment and to enhance the general intent by prohibiting dwellings or other uses normally associated with standard industrial and commercial uses.

(5)

To protect existing and future development by the limitation of the bulk and scale of the intended uses by appropriate setbacks, off-street parking and screening so as to achieve the desired effect of the land use regulations.

Buildings and land shall be used, and buildings shall be designed, erected, altered, moved, and maintained, in whole or in part, in an Industrial-Commercial Service Zone only for the uses as set forth in the Table of Industrial Uses and the following regulations:

(a)

Uses.

(1)

The uses allowed in the I-CS Zone are as provided for in the Table of Industrial Building Uses of this division.

(b)

Regulations.

(1)

Additional regulations concerning the location, size, and provisions for all buildings and structures in the I-CS Zone are provided for in Section 20-9.6, Lot Area, Width, and Coverage Regulations, Section 20-9.7, Yard Regulations, Division 6, Parking and Loading Facilities, Division 7, Signs and Advertising Structures, Division 9, Exceptions and Supplements to Zone Regulations, Division 10, Special Exceptions and Division 15, Landscaping, Buffering, and Screening, of this article.

Buildings and land shall be used, and buildings shall be designed, erected, occupied, altered, moved and maintained, in whole or in part, in an Industrial General Zone only for the uses set forth in the Table of Industrial Uses and the following regulations:

(a)

Uses.

(1)

The uses allowed in the I-G Zone are as provided for in the Table of Industrial Uses of this division.

(b)

Regulations.

(1)

Additional regulations concerning the location, size, and provisions for all buildings and structures in the I-G Zone are provided for in Section 20-9.6, Lot Area, Width, and Coverage Regulations, Section 20-9.7, Yard Regulations, Division 6, Parking and Loading Facilities, Division 7, Signs and Advertising Structures, Division 9, Exceptions and Supplements to Zone Regulations, Division 10, Special Exceptions and Division 15, Landscaping, Buffering, and Screening, of this article.

Buildings and land shall be used, and buildings shall be designed, erected, occupied, altered, moved and maintained, in whole or in part, in an Industrial Research and Technology Park Zone only for the uses set forth in the Table of Industrial Uses and the following regulations:

(a)

Uses.

(1)

The uses allowed in the I-RTP Zone are as provided for in the Table of Industrial Building Uses of this division.

(b)

Regulations.

(1)

Additional regulations concerning the location, size, and provisions for all buildings and structures in the I-RTP Zone are provided for in Section 20-9.6, Lot Area, Width, and Coverage Regulations, Section 20-9.7, Yard Regulations, Division 6, Parking and Loading Facilities, Division 7, Signs and Advertising Structures, Division 9, Exceptions and Supplements to Zone Regulations, Division 10, Special Exceptions and Division 15, Landscaping, Buffering, and Screening, of this article.

(a)

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

(1)

The letter "P" indicates that the use is permitted in the zone indicated.

(2)

The letters "SE" indicate that the use is permitted, subject to the approval of a special exception in accordance with Division 4, Board of Appeals of this article.

(3)

The letter "A" indicates the use is permitted as an accessory building or use in the zone indicated.

(4)

The letter "X" indicates that the use is prohibited.

(5)

All uses not listed are prohibited.

(6)

Whenever the table refers to an allowed use, that use is either Permitted (P), Permitted by Special Exception (SE) or Accessory (A) as accordingly listed in the zone in which it is allowed.

Table of Industrial Uses

(a)

Adult book stores, adult motion picture arcades, adult drive-in theaters, adult motion picture theaters, adult mini-motion picture theaters, adult theaters, adult model studios, adult cabarets, body painting studios, massage parlors and sexual encounter establishments. 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. 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, and sign; show window, or other opening.

(b)

Provided:

1.

It shall be prohibited for any storage or sale activities related to such facility to occur in the open, in the front yard of such facility.

2.

It shall be prohibited for any storage or sale activities related to the operation of the facility to be visible from any public area or any adjacent property. Such activity may occur outside of a building so long as it is fully screened by fencing, walls, landscaping, or other barriers.

3.

It shall be prohibited to sell livestock or animals generally, at such facility.

(c)

Automobiles and trucks may be permitted in open yards provided that all vehicles and advertising are located behind a concrete curb or precast barrier at least ten (10) feet from the front lot line, and that the front yard between the aforesaid barrier and front lot line is landscaped and maintained attractively. Vehicle storage area shall be fenced and no storage of vehicles is allowed in the front of the building. All such agencies which rent or propose to rent trucks having an overall length of twenty-three (23) feet or greater shall submit a site and landscaping plan for review and approval of the Planning Commission before commencement of such use.

(d)

Subject to provisions of Division 10, Special Exceptions, Generally, and Sections 20-21.1, 20-22.1 and 20-22.41, such a use shall not permit large; truck oriented gas stations when abutting a residential zone.

(e)

Such use shall not include scientific testing or experimentation upon animals, and testing or experimentation upon animals related to such use shall be prohibited. For the purposes of this section, an animal shall be defined as any member of the Subphylum Vertebrata, commonly known as vertebrates. The issuance of a use and occupancy permit for any laboratory shall be expressly conditioned upon the granting to and the maintaining by the applicant of all licenses required by all appropriate federal, state, and local governmental agencies for the operation of the laboratory.

(f)

Reserved.

(g)

Including overhead electric power and energy transmission and distribution lines suspended from single-legged structures, aboveground pipelines, and accessory structures.

(h)

Reserved.

(i)

Reserved.

(j)

Towing services provided that:

1.

The lot width is at least one hundred (100) feet.

2.

The lot, on which such use is conducted, measures at least one (1) acre.

3.

The lot shall not be used as an auto-wrecking yard or any type of junkyard.

4.

The use is subject to compliance with any State or local environmental regulations concerning this use.

5.

The applicant shall submit a lighting plan for the use for crime mitigation, which shall be reviewed by the Department of Public Works.

6.

The applicant shall install addressable security cameras, subject to the review of the Police Department and Director of Emergency Services.

7.

No one (1) vehicle remains on the premises for more than thirty (30) days.

8.

No junked vehicles are stored on the premises at any time.

9.

The site and fenced impoundment area is adequately screened from the adjoining properties. The fence shall be slatted or contain other materials to obscure the view of the area. The fence height may exceed six (6) feet, as approved by the Planning Commission. No fence shall contain barbed or razor wire.

10.

That such use does not have a detrimental effect on or serve as a nuisance to adjoining residential properties or nearby community facilities.

11.

The Planning Commission, upon approval of a site and landscape plan for the proposed use, shall conclude that the above criteria are met.

(k)

Provided loading and unloading facilities are entirely within an enclosed building, and not to exceed thirty-five (35) feet in height.

(l)

Reserved.

(m)

Reserved.

(n)

Reserved.

(o)

Reserved.

(p)

Private automobile and other motor vehicle auction subject to the regulations therein.

(1)

All private vehicle auctions in the I-G Zone legally operating as of the effective date of this section (June 30, 2012) or a private vehicle auction in compliance with Section 27-475.06.07 (Private Automobile and Other Motor Vehicle Auctions) of Title 17, The Public Local Laws of Prince George's County, annexation into the City shall be deemed compliant with the site and landscape requirements of this section; new private vehicle auctions in the I-G Zones shall meet the following requirements:

a.

All parking and car carrier loading/unloading shall be performed on site and shall be located separately from the customer parking areas.

b.

Parking and loading areas shall not be used for the sale, display, or storage of vehicles performing vehicle services, or any other purpose unrelated to parking and loading.

c.

Junked, salvaged, or wrecked vehicles may not be sold or stored on the property unless associated with an auction that regularly deals in the disposal of vehicles that have been declared total losses by insurance companies.

d.

The following are prohibited on all private automobile and other motor vehicle auction properties:

1.

Retail sales (other than by auction) of vehicles or vehicle parts;

2.

Outdoor storage or display of vehicle parts;

3.

Vehicle dismantling and demolition;

4.

The stacking of vehicles and/or use of a vehicle rack system;

5.

The parking, storage, or display of vehicles within public rights-of-way or internal driveways.

e.

No vehicle may be displayed or stored on the site for more than ninety (90) consecutive days, unless required by a law enforcement agency or the Maryland Department of Motor Vehicles, or where required for any other litigation purposes, to store the vehicle for a longer period of time.

f.

All auction activities, including sales, loading/unloading of vehicles, and vehicle transport shall be conducted between the hours of 7:00 a.m. and 10:00 p.m. seven (7) days a week.

g.

The site must be kept clear of all trash, litter, and other debris. Exterior trash receptacles shall be provided in all areas open to the public including those for parking, auction activities, and offices and be routinely emptied. Trash and debris within the public right-of-way resulting from an auction shall be immediately removed by the auction operator.

h.

The auction operator shall maintain records of bills of sale and make those records available to City Inspectors or City Police Officers upon request within thirty (30) days of the sale during normal business hours to ensure that vehicles abandoned off site can be traced back to the auction house and/or purchaser.

i.

Private vehicle auctions shall be screened to block visibility from public rights-of-ways and/or residential zones in accordance with the following:

1.

In addition to the landscaping requirements found in the City of Laurel Landscape Manual, new screening installed to meet the requirements of this provision shall consist of a solid, sight-tight (opaque) wall or fence at least six (6) feet high or an evergreen screen consisting of trees at least eight (8) feet in height planted in a ten-foot wide landscape strip. Trees within an evergreen screen shall be planted eight (8) feet on center in a staggered pattern and have a minimum diameter of four (4) feet when planted to achieve a sight-tight screen. Any fence or wall may be constructed as a panelized metal wall system applied to a minimum two-inch × four-inch frame with four-inch × four-inch support posts, provided that the panelized metal is a minimum 29 gauge steel or similar material with a corrosive resistant coating, such as baked on enamel finish, brown or green in color. The fence or wall may not be constructed of slatted chain link, or unsupported and/or untreated corrugated metal, fiberglass, or sheet metal.

2.

Any new fences or walls constructed after the effective date of this section (June 30, 2012) shall be located behind a planted landscape strip as prescribed in the City of Laurel Landscape Manual. The Board of Appeals shall be authorized to grant variance to allow fences or walls greater than six (6) feet in height within any front, side or rear yard. All existing fences or walls that have been legally erected pursuant to a previously approved variance may be relocated to accommodate additional screening or landscaping required by this section without the need for an additional variance.

3.

For purposes of the screening required by this provision, the term public right-of-way shall include dedicated rights-of-way and proposed widening of such rights-of-way shown on the City of Laurel Master Plan or contained in the City of Laurel Capital Improvement Program but does not include future roadway or roadway relocations which have not been dedicated.

4.

Screening installed pursuant to the requirements of the City of Laurel Landscape Manual or an approved site and landscape plan on adjacent property in a residential zone shall satisfy the requirements of this section.

5.

The provisions of this section shall not apply to public owned residential property.

j.

Any new fencing installed along the property boundaries not visible from an existing public right-of-way or a residential zone shall be enclosed by a black, vinyl-clad, chain-link fence or other material not prohibited by subsection i.3. above.

k.

Ingress and egress driveway aprons shall have a minimum width of thirty (30) feet and shall be paved with concrete and meet Department of Public Works commercial driveway standards. Drive aisles for internal circulation shall have a minimum width of twenty-two (22) feet and shall be paved with concrete, asphalt, or asphalt millings surface.

l.

Paved surfaces shall be maintained in good repair.

m.

The applicant shall identify the dust-control measures to be used on the site.

n.

The applicant shall provide evidence that the disposal of all fluids and other materials will be accomplished in a manner that complies with all City, County, State, and Federal regulations.

o.

All lighting shall be directed away from adjoining properties.

p.

If an amplified public address system is utilized for the auction's sales activities, the use of such system shall be limited to the hours of 9:00 a.m. to 6:00 p.m. for a maximum of three (3) days per week and comply with Chapter 9, Miscellaneous Provisions and Offenses, Article VII, Noise Control, of the City Code.

q.

Site plan.

1.

A site plan shall be approved for any new vehicle auction use of the expansion, enlargement or extension of an existing vehicle auction use. The site plan shall be approved in accordance with Section 20-2, Administration Generally, to ensure compliance with the provisions of this section. In addition to the submittal requirements of Section 20-2, the site and landscape plan shall identify:

i.

All storage, vehicle display, vehicle loading and unloading, and auction sales areas;

ii.

Internal circulation;

iii.

Stormwater management facilities including those for water quality;

iv.

Proposed hours of operation;

v.

Dust control measures to be used.

2.

In addition to the above requirements, the application shall be accompanied by:

i.

A traffic impact analysis which identified the volume of traffic expected to be generated by the operation and the streets to be used between the site and the nearest intersection.

3.

A lighting plan showing a photometric diagram and details of all light fixtures and full cut-off optics.

4.

The Planning Board shall find that the proposed hours of operation, site design and anticipated traffic levels will not be detrimental to the use or development of adjacent properties and the general neighborhood.

r.

Signs.

1.

Signage shall be in compliance with Section 20-17, Signs Generally, of this Code.

(q)

A house of worship shall comply with the following:

(1)

The minimum setback for all buildings shall be twenty-five (25) feet from each lot line;

(2)

Ingress and egress shall be located so as to direct traffic away from streets that are internal to a residential subdivision;

(3)

The applicant shall satisfactorily demonstrate that parking and traffic will not adversely affect adjacent residential neighborhoods;

(4)

Parking spaces or loading acres shall not be located in the front yard;

(5)

The maximum allowable lot coverage by building shall be sixty-five (65) percent; and

(6)

The minimum allowable green space shall be twenty (20) percent.

(r)

A house of worship shall comply with the following:

(1)

The applicant shall satisfactorily document that off-street parking is sufficient to comply with Section 20-16, Parking and Loading Facilities. If a reduction in the required parking is requested a parking study shall be required to demonstrate that adequate parking will be provided.

(2)

The applicant shall satisfactorily document by a traffic study that traffic impacts because of the increase intensity in land use will be mitigated.

(3)

It will be an adaptive reuse of an existing building. Adaptive reuse shall mean at least fifty (50) percent of the existing building.

(s)

A hotel/motel use shall comply with the following:

(1)

The site on which such use is conducted shall be located within a Planned Development Area - Existing (PDA-E) Zoning District;

(2)

The minimum lot area shall be two (2) acres in size;

(3)

The height of any building shall not exceed sixty (60) feet;

(4)

Parking shall be provided in accordance with Section 20-16.5 - Schedule of parking requirements; and

(5)

Signs shall be designed, erected and maintained in accordance with Division 7, Signs and Advertising Structures, of this article.

(t)

Subject to the provisions of Division 9, Exceptions and Supplements to the Zone Regulations. Generally and specifically Section 20-20.10(e).

(Ord. No. 1744, 7-23-2012; Ord. No. 1810, 1-12-2015; Ord. No. 1833, 3-9-2015; Ord. No. 1877, 9-26-2016; Ord. No. 1896, 1-9-2017; Ord. No. 1900, 2-13-2017; Ord. No. 1912, 4-24-2017; Ord. No. 1931, 9-24-2018; Ord. No. 1960, 10-26-2020; Ord. No. 1966, 1-25-2021; Ord. No. 1974, 6-28-2021; Ord. No. 1987, 10-25-2021; Ord. No. 1999, 9-26-2022; Ord. No. 2024, 4-22-2024)

In all industrial zones, land shall abut a roadway, which meets the standards and requirements of the Subdivision Regulations for the required lot width. The minimum lot area and width, and maximum lot coverage for each office, research, production, distribution, and general industrial operation in Industrial-Commercial Service, Industrial General, and Industrial Research and Technology Park Zone shall be in accordance with the following schedule:

Schedule of Lot Area, Width, and Coverage Regulations

*The minimum area for designation as an Industrial Research and Technology Park shall be three (3) acres.

**Does not include a hotel or office porte-cochere or entranceway projection, which may project into the front or side yards as approved by the Planning Commission.

(a)

Schedule. In the Industrial-Commercial Service, Industrial General, and Industrial Research and Technology Park Zone the yards shall not be less than that set for in the following schedule:

Schedule of yard regulations for Industrial Commercial Service, Industrial General, and Industrial Research and Technology Park Zones.

Minimum Yard Dimensions in Feet

(a)

With minimum twenty-five (25) feet wide landscaped area.

(b)

With five (5) feet to twenty (20) feet wall, fence or other appropriate screening within ten (10) feet and parallel to the district boundary. Fence to extend full length of district boundary and to within fifty (50) feet of a street line.

(c)

Distance between property line and building/parking setback must be landscaped as deemed appropriate by the Planning Commission during site plan review.

(d)

An awning or porte-cochere at an office building or hotel may intrude into the front yard, as shown on an approved site and landscape plan by the Planning Commission.

(a)

Front yard setbacks shall be not less than established in Section 20-9.7. If a portion of the front yard is used for parking in accordance with Section 20-9.7, a poured concrete curb or precast concrete barrier shall be erected or installed along the parking area line not less than the distance required from the front property line, and the yard between such curb or barrier and street line shall be attractively landscaped and maintained. The amount of green space required shall not be reduced.

(b)

Side and rear yards, where adjoining a residential zone, shall be provided as set forth in Section 20-9.7 and shall apply to all buildings, structures, parking, and open yard uses. A solid fence five (5) feet to twenty (20) feet high and/or appropriate screening or buffering shall be required by the Planning Commission along a side or rear yard line of a Industrial-Commercial Service, Industrial General or Industrial Research and Technology Park lot where adjoining a residential lot.

(c)

Side yard on corner lot. Whenever an industrial building is located on a corner lot, the width of the side yard on the side street shall be not less than fifty (50) feet in Industrial Research and Technology Park, Industrial General, and Industrial-Commercial Service Zones.

(d)

Location of drives to off-street parking shall comply with parking setback requirements of Division 6, Parking and Loading Facilities, of this article.

(e)

These regulations regarding setbacks, areas, and yard requirements may be modified by the Planning Commission, when a specific lot or lots (parcels) of land, structure or use is located in a specified established industrial area where the Mayor and City Council has resolved after a public hearing that practical difficulties and possible undue hardships prevent the strict application of these requirements within that established area.

(f)

Permitted accessory structures shall be set back a minimum of seventy-five (75) percent of the required setback for the principal use, and there shall be a minimum distance of twenty (20) feet between accessory buildings, and between any accessory building and any main building. In no case shall an accessory structure be placed in the front yard of any lot.

(a)

The height of any main or accessory building used for research, manufacturing, assembly, distribution or storage, in any Industrial-Commercial Service or Industrial General Zone shall not be more than one-half (½) the width of the yard of the industrial lot where adjoining any residential zone, and the height of any main building, or part thereof, and used for office purposes shall not be more than equal to the width of the yard of the industrial lot where adjoining any residential zone. In no case, shall a building exceed a height of thirty-five (35) feet, regardless of the adjacent zone. The height of any building in an Industrial-Commercial Service Zone shall not exceed sixty (60) feet if used for offices, hotels, or mixed commercial, lodging or employment use, as determined by the Planning Commission.

(b)

The height of any main or accessory building within the Industrial Research and Technology Park Zone shall not exceed sixty (60) feet, except office buildings and hotels, whose height may increase in increments of ten (10) feet to a maximum total building height of one hundred twenty (120) feet, as approved by the Planning Commission provided further that such increase or increases do not impair the intent of this article or the Master Plan and will not adversely affect the health or safety of residents or workers in the area and will not be detrimental to the use or development of adjacent properties or the use or development of adjacent properties of the general neighborhood because of, among other things traffic, noise, or activity generated by such structure.

(c)

Mechanical space for building equipment placed on the building's roof may be allowed above the maximum height specified provided such mechanical space is set back a minimum of fifteen (15) feet from the exterior wall, does not exceed fifteen (15) feet in height, is adequately screened from view, and said mechanical space and screening is approved by the Planning Commission.

Signs in Industrial-Commercial Service, Industrial General, and Industrial Research and Technology Park Zones shall be designed, erected, altered, moved, or maintained, in whole or in part, in accordance with the regulations set forth in Division 7, Signs and Advertising Structures, of this article.

Parking and loading facilities in Industrial-Commercial Service, Industrial General, and Industrial Research and Technology Park Zones shall be in accordance with regulations set forth in Division 6, Parking and Loading Facilities, of this article.

Preliminary and final site development plans shall be prepared by the developer for all proposed developments in any Industrial-Commercial Service, Industrial General, and Industrial Research and Technology Park Zone and shall be submitted to the Department of Economic and Community Development for review by the Planning Commission.

(a)

Plans required. A plan for a development shall be drawn at a scale of one-inch equals thirty (30) feet.

(1)

Survey. Property and topography, showing land owned and proposed for development, surrounding streets and the adjoining streets, the adjoining lots and their uses.

(2)

Buildings. Location, size, height, and use of all proposed main and accessory buildings; their general design, materials, and color; the nearest buildings on adjoining lots and their uses.

(3)

Traffic. Proposed system of on-site vehicular circulation, details for access ways to streets, methods for control of traffic and type of pavement.

(4)

Parking areas. Layout and number of spaces, landscaping and other design features, and type of pavement.

(5)

Utilities. Location, size, and grade for all utility installation, connections to present or proposed facilities.

(6)

Site development. Grading plan, designs of landscaped yards, planting areas and fences, and screening of adjoining residential areas; the size, location and type of all outdoor signs; exterior lighting.

(7)

Agreements. Preliminary drafts of all agreements, contracts, dedications, deed restrictions, sureties, and other instruments as may be required.

(b)

Approval of plans.

(1)

A preliminary plan designed in accordance with the planning standards, regulations and criteria established in this article and the Subdivision Regulations shall be submitted to the Planning Commission for review and approval.

(2)

If the preliminary plan, together with any modifications thereof proposed by the developer is found by the Planning Commission to be in compliance with the requirements of the applicable zone and any other applicable provisions of this article, the Subdivision Regulations, and any conditions set by the Planning Commission or City, and when all required plans and data have been received, the Planning Commission may approve such preliminary plan within sixty (60) days from the date of the meeting. If not found to be in compliance therewith, the Planning Commission may recommend revisions to be made by the developer.

(3)

Upon approval of preliminary plan, the developer may prepare and submit to the Planning Commission a final plan which shall include the final grading plan, detailed plans and specifications for all streets, storm and sanitary sewers, water distribution, and all other site features, designed in accordance with the Subdivision Regulations and Building Codes of the City.

(4)

Data to accompany site and landscape plan requests for approval. All site and landscape plans submitted to the Planning Commission for review shall display the name or seal of a registered Civil Engineer. In addition, all submissions shall be accompanied by a location map of the site.

(5)

Upon receipt of a final plan, the executive officer of the Planning Commission may, if the Planning Commission deems that additional review is necessary, transmit a copy of the final plan including detailed construction plans and specifications to the Director of the Department of Public Works for their review, report, and recommendation. The Director of the Department of Public Works, shall, within thirty (30) days from receiving the final plan, provide and furnish to the Planning Commission a report upon the site plan's compliance to those regulations which the Planning Commission has specified.

(6)

When all required plans and data have been received, and if the Planning Commission finds that a proposed final plan is in accordance with and represents detailed expansion of the preliminary plan heretofore approved, that it is in conformance with the provisions of this article and the Subdivision Regulations of the City and that it complies with all of the conditions which may have been imposed in the approval of the preliminary plan or in the review of the final plan by the Planning Commission, the Planning Commission may approve such final plan.

(7)

After approval the developer may apply for a building permit which shall be issued by the Director of the Department of Economic and Community Development provided that there has been no appeal from the Planning Commission's approval; or in the event that such an appeal is filed after the permit has been issued, the permit shall immediately be suspended pending final disposition of the appeal.

(c)

Revision and lapse of approval.

(1)

The final plan may be revised by the developer and resubmitted through the same procedure required for the original preliminary and final plans.

(2)

Failure to begin the construction of all or a substantial portion of the improvements approved in the final plan within one (1) year after the issuance of a permit shall automatically render null and void the plan as approved unless an extension of time is granted by the Planning Commission.

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

(a)

To provide for certain uses and structures that are a part of a preliminary development plan or final development plan approved by the Mayor and City Council to continue as uses permitted by right. Expansion of either uses or structures is to be prohibited, except those uses shown on an approved preliminary site plan or existing at the time of the amendment of this section shall be permitted by right to ensure the development and continued use of the structures and to protect adjacent structures from a change in character of the neighborhood.

Buildings and land shall be used, and buildings shall be erected, occupied, altered, moved or maintained in a planned unit development approved or existing area only in accordance with the following uses:

(a)

Main buildings and uses.

(1)

All types of residential dwellings which were approved or existed on February 1, 2010.

(2)

Retail business and office uses which were approved or existed on February 1, 2010.

(3)

Public recreational uses, and private parks and playgrounds which were approved or existed on February 1, 2010.

(4)

Approved special exception uses which were approved or existed on February 1, 2010.

(5)

Family day care facilities as defined herein are permitted.

(b)

Accessory buildings and uses.

(1)

Private garage attached to or located in a one-family dwelling; parking area for the use of guests of the occupants of one-family dwelling units.

(2)

Storage garages accessory to a multifamily building or to groups of townhouses and plexes; parking areas for the use of guests of the occupants of multifamily dwelling units.

(3)

Gardens, fences, walls, pools and other recreation facilities on private or common land.

(4)

Accessory buildings and uses to retail business uses enumerated and as regulated in other sections of this article when such main use is part of a Planned Unit Development approved or existing area.

Yard regulations for all dwellings within Planned Unit Developments may use the provisions of Section 20-6.16 as a reference in the planning and design of the development.

Signs in any PUD-E zone shall be limited to traffic control signs, signs identifying a permitted use conducted on the parcel, and street signs. Notwithstanding the provisions regarding signs in this article, not more than one (1) freestanding sign identifying the development shall be permitted for each three hundred (300) feet of frontage of public street abutting the development area parcel and such sign shall not exceed seventy-five (75) square feet in area. No sign visible from a public street or from adjoining property used for residential purposes shall be illuminated except with indirect white light.

Private and storage garages and open off-street parking areas shall be permitted in PUD-E areas if accessory to a dwelling or group of dwellings in accordance with the standards and regulations set forth in Division 6, Parking and Loading Facilities, of this article.

In a Planned Unit Development Existign Area, the off-street parking for two (2) or more uses may be satisfied by providing a shared parking lot, if approved by the Planning Commission. The normal parking space requirement for each use participating in a shared lot may be reduced by up to twenty (20) percent by-right. The number of parking spaces required for a specific use under the provisions of Division 6 may be decreased more than twenty (20) percent by the Planning Commission, subject to the following provisions:

(a)

The applicant can demonstrate to the satisfaction of the Planning Commission the appropriate establishment of shared parking facilities based on characteristics of uses and hourly parking demand studies published by the Institute of Transportation Engineering or other appropriate source.

(b)

The reduction in parking spaces shall not exceed fifty (50) percent of the normal parking space requirement for each use participating in a joint lot.

(c)

The shared parking lot shall be no farther than five hundred (500) feet from the primary customer entrance of the building or use to be served.

(d)

A site plan showing the shared parking lot spaces and a statement of justification shall be submitted with the corresponding application.

(e)

A shared parking agreement between current owners of the uses to be served by the shared parking lot, satisfactory to the Planning Commission, shall be submitted to the Commission prior to the issuance of any permits for uses to be served by the shared parking lot.

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

Since the uses of land authorized in the standard residential zones are also authorized in PUD-E areas, the regulations established in this article to control the planning, development and use of land in residential zones are hereby declared applicable to the planning, development and use of land in PUD-E areas except to the extent that they may be inconsistent with the criteria for the planning, development and use of land established in this section. In the event of any inconsistency, the provisions of this section shall prevail.

At any time after the approval of a final plan of a planned unit development area, the owner or owners may request an amendment to their plans. By fuling a request for such amendment with the Department of Economic and Community Development. Upon receipt of the request for amendment the Planning Commission shall determine whether such proposed amendment is in substantial agreement with the approved final plan of development or whether it represents a substantial departure from the intent of the prior approval. If such proposed amendment is in substantial agreement with the approved final plan, it shall be processed by the Planning Commission in accordance with Section 20-4.5(a) of the Unified Land Development Code. Should the proposed amendment represent a substantial departure from the intent of the prior approved final plan, such proposed amendment shall then be subject to process by the Planning Commission and Mayor and City Council in accordance with Section 20-4.5(a) and (b). A substantial departure from the final approved plan shall include any of the following changes:

(a)

An increase of more than ten (10) dwelling units.

(b)

A change in use of the property.

(c)

A building increses in size by more than fifty (50) percent.

(d)

Any other change that is found by the Planning Commission, in its sole judgment, to be a substantial departure from the final plan of development.

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

To provide for certain uses and structures that are a part of a preliminary development plan or final development plan approved by the Mayor and City Council to continue as uses permitted by right. Expansion of either uses or structures is to be prohibited, except those uses shown on an approved preliminary site plan or existing at the time of the amendment of this section shall be permitted by right to ensure the development and continued use of the structures and to protect adjacent structures from a change in character of the neighborhood.

(a)

Main buildings and uses permitted.

(1)

All type uses which existed on February 1, 2010.

(b)

Special exceptions as to permit uses.

(1)

Approved special exception uses which existed on February 1, 2010.

The following planning criteria and regulations are established to guide and to control the planning and development of land in a planned development area zone.

(a)

Height regulations. In any Planned Development Area approved or existing zone the height of any building shall not exceed thirty-five (35) feet, provided however that the Planning Commission may allow additional height in approved buildings not to exceed one hundred (100) feet, upon a finding that the proposed structure is consistent with the intent of the preliminary plan of Planned Development Area, is compatible with the surrounding neighborhood, and is consistent with the provisions of the duly adopted Master Plan. Mechanical space for building equipment placed on the building roof may be allowed above the maximum height specified, provided such mechanical space is set back a minimum of fifteen (15) feet from any exterior wall, does not exceed fifteen (15) feet in height, is adequately screened from view, and said mechanical space and screening is approved by the Planning Commission.

(b)

Screening. Within the planned development approved or existing area, extensive parking areas, service areas, and other features likely to have adverse effects on surrounding properties shall be screened from view from the first floor of buildings outside the development. Screening shall also be provided to protect views from within the development against lights, noise, or other undesirable conditions in the surroundings.

Signs in any Planned Development Area approved preliminary development plan or existing area zone shall be controlled by the Sign Regulations pertaining to the various uses as provided in Division 7, Signs and Advertising Structures, of this article.

Each Planned Development Area approved preliminary development plan or existing area shall include for each use within the Planned Development Area off-street parking and loading facilities which shall provide the same number of parking spaces and loading areas as is required under the provisions of Division 6, Parking and Loading Facilities, of this article for each such use; however, the number of parking spaces required for a specific use under the provisions of Division 6 may be decreased by no more than fifty (50) percent if it can be shown that two (2) adjoining uses normally have different hours of operation.

At any time after the approval of a final plan of a planned development area, the owner or owners may request an amendment to their plans. The request for such amendment shall be filed with the Department of Economic and Community Development. Upon receipt of the request for amendment the Planning Commission shall determine whether such proposed amendment is in substantial agreement with the approved final plan of development or whether it represents a departure from the intent of the prior approval. If such proposed amendment is in substantial agreement with the approved final plan, it shall be processed by the Planning Commission in accordance with Section 20-4.5(a) of this article. Should the proposed amendment represent a departure from the intent of the prior approved final plan, such proposed amendment shall then be subject to process by the Planning Commission and Mayor and City Council in accordance with Section 20-4.5(a) and (b).

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

(a)

To promote the orderly development and redevelopment of land in the vicinity of major intersections, so that these areas will enhance the economic status of the City and provide desirable employment and living opportunities for its citizens;

(b)

To maximize the development potential inherent in the location of the zone;

(c)

To promote the effective and optimum use of transit and other major transportation systems;

(d)

To facilitate and encourage a welcoming environment that promotes a variety of activities throughout the area, and fosters interaction between the uses and those who live, work in, or visit the area;

(e)

To encourage a mix of diverse land uses consisting of at least two (2) different types of uses which blend together harmoniously. The uses must be from two (2) different divisions;

(f)

To promote optimum land planning with greater efficiency through the use of economies of scale beyond the scope of single-purpose projects;

(g)

[Reserved.]

(h)

To permit a flexible response to the market; and

(i)

To provide an opportunity and incentive to the developer to achieve excellence in physical, social, and economic planning.

(Ord. No. 1960, 10-26-2020; Ord. No. 1991, 1-10-2022)

(a)

No use shall be allowed in the mixed-use transportation oriented zones, except as provided for in the table of mixed-use transportation oriented uses. In the table, the following applies:

(1)

The letter "P" indicates that the use is permitted in the zone indicated.

(2)

The letters "SE" indicate that the use is permitted, subject to the approval of a special exception in accordance with Division 4, Board of Appeals of this article.

(3)

The letter "A" indicates the use is permitted as an accessory building or use in the zone indicated.

(4)

The letter "X" indicates that the use is prohibited.

(5)

All uses not listed are prohibited.

(6)

Whenever the table refers to an allowed use, that use is either Permitted (P), Permitted by Special Exception (SE) or Accessory (A) as accordingly listed in the zone in which it is allowed.

Table of Mixed-Use—Transportation Oriented Uses

(b)

The location of any convenience store within any M-X-T Zone must be sited and identified in conjunction with the submittal of a final site plan for consideration by the Planning Commission. Amendments for this use after the approval of the site plan shall be requested and approved by action of the Planning Commission.

(1)

All final plans for M-X-T development submitted for approval to the Planning Commission that involve convenience stores shall provide specific location of the use within the plan.

(2)

Sufficient documentation relating to lighting, dumpster enclosures, and traffic circulation, as well as the provision of cameras, as defined in Section 20-22.29, Convenience Stores, specifically, shall be provided for the Planning Commission's consideration.

(c)

Subject to the provisions of Division 9, Exceptions and Supplements to the Zone Regulations. Generally and specifically Section 20-20.10(f).

(Ord. No. 1738, 2-27-2012; Ord. No. 1931, 9-24-2018; Ord. No. 1960, 10-26-2020; Ord. No. 1966, 1-25-2021; Ord. No. 1974, 6-28-2021; Ord. No. 2024, 4-22-2024)

Editor's note— Ord. No. 1960, adopted October 26, 2020, deleted § 20-12.2, which pertained to uses, and derived from the original zoning ordinance. Said ordinance directed for the renumbering of § 20-12.3 as § 20-12.2, which resulted in a reserved § 20-12.3.

(a)

Purposes.

(1)

Under M-X-T development, greater densities shall be granted, in increments of up to a maximum floor area ratio (FAR) of eight (8.0), for each of the uses, improvements, and amenities (listed in subsection (b)) which are provided by the developer. The presence of these facilities and amenities is intended:

a.

To make possible an environment capable of supporting the greater density and intensity of development permitted;

b.

To encourage a high degree of urban design;

c.

To increase pedestrian-oriented activities and amenities; and

d.

To provide uses which encourage a lively, twenty-four-hour cycle for the development.

e.

Any increase in density shall only be for amenities that exceed what would normally be required in the underlying zone or the City zone appropriate for the uses proposed.

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

(a)

Conceptual development proposal. Process for the consideration of a conceptual development proposal within any M-X-T zone, the Mayor and City Council shall approve the conceptual development proposal on the recommendation from the Planning Commission. The Planning Commission shall have final site and landscape plan approval authority.

(1)

Applicants submitting a proposal for development within the M-X T zone shall submit a plan in accordance with the Zoning Regulations for M-X-T areas, in accordance with the provisions of this article. In addition, the proposal(s) shall contain the following:

a.

A general description of the pedestrian system proposed.

b.

The proposed floor area ratio.

c.

The type and location of uses proposed, and the range of square footage anticipated being devoted to each.

d.

A general description of any incentives to be used under the optional method of development;

e.

A traffic and circulation plan.

f.

The proposed sequence of development (phasing schedule).

g.

Plan for re-subdivision (for consolidations).

h.

The physical and functional relationship of the project uses and components.

i.

Property placed in the M-X-T Zone shall provide supporting evidence which shows whether the proposed development will exceed the capacity of transportation facilities that are existing, are under construction, or for which one hundred (100) percent of construction funds are allocated within an adopted county capital improvement program or within the current state consolidated transportation program or any City program.

j.

Other studies or plans deemed necessary by the Department of Economic and Community Development, as recommended to the Planning Commission.

(2)

After review of a completed application or proposal, the Department of Economic and Community Development shall prepare a technical staff report, analyzing the compliance of the applicant's proposal with the intent and purpose of utilizing the M-X-T zone. The report shall be transmitted to the Planning Commission, who shall hold a public hearing for recommendation to the Mayor and City Council. The requirements for notifying the public of such proposals, including sign posting, shall be the same as that required by the Zoning Regulations for map amendment application.

(3)

Upon receipt of the recommendation of the Planning Commission and staff technical report, the Mayor and City Council shall schedule a review of the proposal and schedule two (2) public hearings on such proposal, including a specific notification to Prince George's County and the Maryland-National Capital Park and Planning Commission. After the second public hearing, the Mayor and City Council can approve, reject, or modify the conceptual development proposal. If the decision of the Mayor and City Council is for approval, that will enable the applicant to prepare a final site and landscape plan that incorporates all conditions and requirements imposed by the Mayor and City Council for review and approval by the Planning Commission.

(4)

Accessory structures, located in commercial or industrial zoned districts, less than three hundred (300) square feet in size that include, but that are not limited to, garages, sheds, and gazebos, shall be reviewed, and approved by the Director of Economic and Community Development or their designee. A revised site plan is required prior to permit approval.

(5)

Fences, located in commercial or industrial zoned districts, that measure six (6) feet or less in height, shall be reviewed and approved by the Director of Economic and Community Development or their designee. A revised site plan is required prior to permit approval.

(b)

Final Site and Landscape Plan. A detailed site and landscape plan shall be approved for all uses and improvements by the Planning Commission. The following information in addition to the above shall be included on all detailed final site and landscape plans in the M-X-T Zone:

(1)

The proposed drainage system.

(2)

All improvements and uses proposed on the property.

(3)

The proposed floor area ratio of the project, and detailed description of any bonus incentives to be used; and

(4)

Supporting evidence which shows that the proposed development will be adequately served within a reasonable period of time with existing or programmed public facilities shown in the adopted county capital improvement program or within the current state consolidated transportation program, or which will be provided by the applicant, if more than six (6) years have elapsed since a finding of adequacy was made at the time of rezoning, conceptual site plan approval, or preliminary plat approval, whichever occurred last.

(c)

Reserved.

(d)

[Additional provisions.] In addition to the findings required for the Planning Commission to approve the detailed final site and landscape plan, the Planning Commission shall also find that:

(1)

The proposed development is in conformance with the purposes and other provisions of this section, as well as adequate landscaping and screening according to the City's Landscape Manual.

(2)

The proposed development has an outward orientation which either is physically and visually integrated with existing adjacent development or catalyzes adjacent community improvement and rejuvenation.

(3)

The proposed development is compatible with existing and proposed development in the vicinity.

(4)

The mix of uses, and the arrangement and design of buildings and other improvements, reflect a cohesive development capable of sustaining an independent environment of continuing quantity and stability.

(5)

If the development is staged, each building phase is designed as a self-sufficient entity, while allowing for effective integration of subsequent phases.

(6)

The pedestrian system is convenient and is comprehensively designed to encourage pedestrian activity within the development.

(7)

On the detailed site plan, in areas of the development which are to be used for pedestrian activities or as gathering places for people, adequate attention had been paid to human scale, high quality urban design, and other amenities, such as the types and textures of materials, landscaping and screening, street furniture, and lighting (natural and artificial); and

(8)

On a conceptual proposal for property placed in the M-X-T Zone by a Sectional Map Amendment (SMA), transportation facilities that are existing; that are under construction; or for which one hundred (100) percent of construction funds are allocated within the adopted City Capital Improvement (CIP) Program, or the current State Consolidated Transportation Proposed Development.

The finding by the Council of adequate transportation facilities at the time of conceptual proposal approval shall not prevent the Planning Commission from later amending this finding during its review of subdivision plats.

(9)

On the detailed site plan, if more than six (6) years have elapsed since a finding of adequacy was made at the time of rezoning through a Zoning map amendment, conceptual proposal approval, or preliminary plat approval, whichever occurred last, the development will be adequately served within a reasonable period of time with existing or programmed public facilities shown in an adopted City Capital Improvement Program (CIP), within the current state consolidated transportation program or other appropriate plan.

(Ord. No. 1960, 10-26-2020; Ord. No. 1966, 1-25-2021)

(a)

Maximum floor area ratio (FAR):

(1)

Without the use of the optional method of development—0.20 FAR; and

(2)

With the use of the optional method of development—8.00 FAR.

(b)

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

(c)

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

(d)

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

(e)

In addition to those areas of a building included in the computation of gross floor area (GFA) (without the use of the optional method of development), the floor area of the following improvements (using the optional method of development) shall be included in computing the gross floor area of the building of which they are a part: enclosed pedestrian spaces, theaters, and residential uses.

Floor area ratios (FAR) shall exclude from gross floor area that area in a building or structure devoted to vehicular parking and parking access areas. The floor area ratio (FAR) shall be applied to the entire property which is the subject of the conceptual site plan.

(f)

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

(g)

The maximum height of buildings shall be determined by the Mayor and City Council at the time of rezoning.

It shall be the purpose and intent of Revitalization Overlay (RO) to be an alternative form of development or redevelopment designed to:

(a)

Create additional economic development opportunities for property owners within the City of Laurel to upgrade, enhance, demolish or revitalize their properties using additional flexibility offered the overlay zone, by, among others, offering superior amenities, land uses, or achieving superior land design to warrant intensification or increased density of properties in areas that are targeted for their potential for economic development.

(b)

Enhance the redevelopment of the business corridors within the City of Laurel, and to allow the upgrading of various housing opportunities, which, by their age or state of disrepair, have become obsolete, increasingly vacant, or become contributing to destabilizing property values within the City.

(c)

Enhance opportunities for improvements to the retail, housing, employment or entertainment offerings within the City limits, which are necessary to maintain economic balance and continued prosperity of the City.

(d)

Allow for increased, consolidated, or integrated development in order to meet the need for certain targeted land uses, which may be deficient or missing within the current marketplace.

(e)

Permit the development for a hierarchy of overlay types, which reflect the location and conditions contained within specific areas within the City.

(f)

The conditions and restrictions of such an overlay is considered an optional form of development, which is in addition to the land uses and restrictions contained within the base zoning of any property located within a revitalization overlay.

(g)

Acknowledge that the development and approval of any revitalization overlay zone is a unique and specific approval to a unique parcel of groups of parcels, whose approval is conditioned upon meeting the objectives and specific goals of using such an overlay option.

(h)

Facilitate redevelopment and provisions of specific land uses, configurations, which are recommended for the continued development and economic health, well-being and stability of the neighborhoods of the City.

(i)

Allow intensification or changes in land uses, mixes of land uses, and access based on the ability of the provision of municipal and other public services, the general adequacy of transportation capacity to accomplish such development approvals as deemed necessary by the Mayor and City Council.

(j)

Retain the stability of the retail, restaurant, and entertainment establishments by providing development consistent with the demographics and income characteristics of City residents, and the reduce the exportation of the consumer spending potential of City residents by providing improved offerings to retain the spending by City residents for consumer products and services within City limits, where possible.

(k)

Encourage integrated development, consolidation of properties, in order to reduce access points to major highways; reduce visual confusion inherent in older commercial highway corridors such as U.S. Route 1.

(l)

Increase the attractiveness of the City for the potential of its potential in the areas of employment creation, tourism development, and improvements to its retail and restaurant offerings for business development, stabilization and improvement of its neighborhoods.

(m)

Create a stable redevelopment of the core area of the existing City limits, to make potential annexation of areas which may petition the City to compliment the core area by providing complimentary land uses to build on existing development.

(n)

Revitalization overlays are not permitted by right, but reflect a negotiated development agreement that is unique to a specific proposal, or development that reflects the applicant's ability to achieve the goals and objectives of this alternative form of development. The Mayor and City Council is not obligated to approve any form of optional development if it concludes that the proposal does not meet with the purpose and intent of these regulations. Approvals within any overlay do not usurp or diminish the jurisdiction of the City's Historic District Commission, if the overlay is located within their jurisdiction.

(o)

Setbacks of any type will not be waived, modified, or amended unless alternate methods will provide equal or superior protection to surrounding uses.

(p)

To conclude that the use of this overlay option does not diminish, modify, or in any way alter the applicant's right to development their property using the conventional base zone affixed to the property.

(a)

Because of the distinct nature of sections of the City, which may be located within a revitalization area, RO Zones shall be distinguished by the characteristics or goals of the area in which they are located. The general description of the proposed function of each area is as follows:

(b)

R0-1, City center overlay area. The overlay encompassing this area shall reflect an intensity, which would permit the highest potential for a comprehensive and integrated redevelopment of uses which include, but are not limited to retail, restaurant, entertainment, major employment, professional offices, and commercial services. They may also include immediately adjacent multifamily complexes. Ideally, these uses would be located within an integrated complex or complexes, which may contain structured parking and comprehensively designed access points, directional signage, and other amenities to allow intensification above the base density of the parcel or parcels in which they are located. Examples of targeted or desired land uses within the City center overlay include but are not limited to the following:

•

Retail, including apparel, traditional department stores, specialty apparel and shoe stores, as well as establishments selling electronic, computer and telecommunication products.

•

Entertainment, specifically multi-plex cinemas, which utilize state-of-the-art technology, design, and amenities. Karaoke when in conjunction with a standard restaurant. All other entertainments facilities must be included within a set of uses approved by the Mayor and City Council in conjunction with a conceptual plan of revitalization overlay.

•

Restaurants, full service sit-down facilities, delicatessens and other specialty food retailers, which may include prepared food in a retail setting, providing they are not freestanding.

•

Employment uses, including research, general office, financial firms, and the like, which may contain ancillary retail, restaurant and commercial services facilities within their building, or be located above, retail complexes or entertainment facilities.

•

Housing, which would primarily consist of upscale rental apartments or condominiums, generally located above the aforementioned facilities, or integrated into a mixed-use complex.

•

Employment agency/recruitment firm.

(c)

R0-2, Highway corridor or activity nodes. The area utilizing this overlay would consist primarily of properties, which line the U.S. Route One area, or along MD 198. These parcels are usually characterized by their lack of property depth, and generally consist of smaller properties which all maintain separate highway access. However, they may also contain existing shopping centers of moderate size. The overlay is specifically recommended to encourage the consolidation of these properties, where possible, and to create mixed-use business and residential complexes, especially in the bifurcated sections of U.S. Route One, where multiple access points have created issues of public safety, given the volume of traffic volume and speed on this facility. Recommended uses for the properties in this overlay would be as follows:

•

Retail facilities, either freestanding, or accessory uses located within a mixed-use complex or structure.

•

Restaurants, preferable full service, located within mixed-use complexes, which may include karaoke establishments, subject to the definition and restrictions on such use in conjunction with a standard restaurant.

•

Professional and business offices.

•

Accessory apartments located on upper floors of mixed-use complexes.

•

Employment agency/recruitment firm.

(d)

R0-3, Route One Historic District and gateway approaches.

•

This overlay area is unique and defined generally as the area along U.S. Route 1 from the Howard County line southward. This area is specifically recommended for development of transit-oriented development, which relates to services and establishments, as well as housing, that would benefit from being in close proximity to the MARC Rail station of the Camden Line of the Maryland Transit Administration. Typical uses recommended for this area include the following:

•

Retail and commercial service uses located within mixed-use complexes which may be designed to serve, among others, the rail commuters, bus users, or others within the Main Street business district.

•

Offices and other business establishments typically located within mixed-use structures.

•

Ancillary rental apartments and condominiums, typically located above commercial establishments. This could also include high density attached housing as well.

•

Employment agency/recruitment firm.

(e)

RO-4, Existing multifamily and attached housing areas.

•

These areas are generally characterized as older multifamily facilities located adjacent or in close proximity to commercial complexes and along arterial roadways.

•

Land uses within these areas are generally limited to housing, specifically rental apartment communities.

•

To balance and upgrade its housing stock in these areas, redevelopment of existing facilities is encouraged and additional density may be allowed subject to meeting the intent and purpose of these regulations.

•

While generally discouraged, circumstances may permit the inclusion of certain convenience retail facilities, although a commercial complex in the immediate vicinity generally meets these needs.

(f)

RO-5, Main Street historic area and neighborhood commercial nodes.

•

This area is defined as being the limits of Main Street from those properties, which do not face U.S. Route One westerly until MD 216, or Seventh Street. It also includes areas zoned for Commercial Neighborhood uses, which are presently used for commercial and services uses. The intent of the overlay zone is somewhat diminished in this area, because the flexibility of the Commercial Village Zone, for those properties along Main Street which are contained within the zone, already contain flexibility in area, yard, and parking regulations. However, it is intended that they benefit from the potential flexibilities of the overlay which relate to, among others:

•

Inclusion of additional apartments above permitted commercial buildings.

•

Other future financial incentives offered the City, county, or state.

•

Employment agency/recruitment firm.

•

Karaoke establishments, in conjunction with a standard restaurant, and subject to uses currently in the Commercial Village Zone, and subject to the definitions and restrictions for such uses.

(g)

R0-6, Patuxent River transit-oriented development overlay. This specific area is defined by side streets along Main Street, beginning on the west by Avondale Street, and continuing easterly including "C", "B", and "A" Streets. The intent of the specificity of this area is to encourage redevelopment of the area in order to:

•

Create redevelopment opportunities which serve to reconnect the Main Street business community with its Patuxent River origins.

•

Allow mixed-use development to exploit the increased use of the Riverfront Park without any environmental effects of new development.

•

Explore the potential for additional restaurant development along the river.

•

Develop additional business and housing opportunities to reinforce Main Street business development and increased business expansion which complements the Main Street community.

•

Recommended land uses for this area could include inclusion of an arts and entertainment district (in addition to Main Street).

•

Establishments for artisans and craftsmen, artists, or galleries exhibiting products for sale.

•

Rental or condominium apartments, with provisions for at home occupations, limited professional uses, or specialty shops.

•

Employment agency/recruitment firm.

(a)

It shall be the intent of all overlay areas, that the purpose and intent be met before this optional form of development can be approved. Provisions of additional amenities or the modification of certain development standards shall be based on the conclusion of the Mayor and City Council by, that the proposed development or complex, sufficiently meets the intent of this option. The following elements contained within conventional development regulations for modification, among others, may be considered:

•

Building height.

•

Density or intensity.

•

Structured parking.

•

Lot size and coverage or other regulation.

•

Parking and loading requirements.

•

Sign regulations.

•

Landscaping, tree preservation, or preservation of natural area.

•

Screening, fencing, berms, or other features intended for noise attenuation or visual impact.

•

Traffic circulation, traffic generation, site design, refuse disposal areas and utility structures.

•

Adequate public facilities.

(b)

The provision of amenities and other factors which are deemed to exceed conventional development may include, but not be limited to, the following:

•

Architectural design and details or proposed buildings and parking structures.

•

Comprehensive sign programs.

•

Building materials.

•

Targeted tenants or uses, such as stadium-style seating cinema complexes, upscale restaurants, other entertainment venues, traditional department stores, and other specialty stores selling apparel, books, electronics, food products, and the like.

•

Innovative designs for mixed-use complexes.

•

Under grounding of utilities on site and in the adjacent public right-of-way.

•

Public or scenic spaces, including plazas, fountains or water features and public sculpture or murals.

•

Provision of current technology, "smart buildings", and Internet access, including entertainment facilities for workers, residents, or the public.

•

Upscale multifamily, attached, or detached housing, mixed with other uses or stand-alone.

•

Provision for transit facilities.

(a)

Applicants submitting a proposal for development utilizing the revitalization overlay shall submit a plan in accordance with the Zoning Regulations for revitalization overlay areas, in accordance with the provisions of this article. In addition, the plan(s) shall contain the following:

•

A traffic and circulation plan.

•

Plan for re-subdivision (for consolidations).

•

A specific plan for the uses and their design.

•

A phasing schedule, if a multi-phase development is planned.

•

Other studies or plans deemed necessary by the Department of Ecomonic and Community Development, as recommended to the Planning Commission.

(b)

After review of a completed application or proposal, the Department of Economic and Community Development shall prepare a technical staff report, analyzing the compliance of the applicant's proposal with the intent and purpose of utilizing revitalization zones. The report shall be transmitted to the Planning Commission, who shall hold a public hearing for recommendation to the Mayor and City Council. The requirements for notifying the public of such proposals, including sign posting, shall be the same as that required by the Zoning Regulations for map amendment application.

(c)

Upon receipt of the recommendation of the Planning Commission and staff technical report, the Mayor and City Council shall schedule a review of the proposal and schedule two (2) public hearings on such proposal, including a specific notification to Prince George's County, the Maryland-National Capital Park and Planning Commission, and the Maryland Department of State Planning. After the second public hearing, the Mayor and City Council can approve, reject, or modify the development request for the revitalization overlay option. If the decision of the Mayor and City Council is for approval, such action is a conceptual approval that will enable the applicant to prepare a final site and landscape plan that incorporates all conditions and requirements imposed by the Mayor and City Council at concept stage for review and approval by the Planning Commission.

(d)

Revitalization overlay conceptual approval shall expire three (3) years from the date of such approval unless the Planning Commission has approved a final revitalization overlay area plan, i.e., a final site and landscape plan. The period may be extended for an additional one (1) year by the Director of the Department of Economic and Community Development for good cause. Good cause shall be limited to conditions beyond the control of the applicant. Good cause shall not include failure to obtain financing or other market conditions. An application for an extension must be filed one hundred eighty (180) days before expiration of the three-year time period.

(e)

An amendment to an existing conceptual development proposal shall be subject to the provisions of subsection (d) above with the three-year expiration period beginning on the date the amendment is approved by the Mayor and City Council.

(f)

A revitalization conceptual development proposal that was approved by the Mayor and City Council before June 30, 2012, shall be subject to subsection (d) above, with the three-year expiration period beginning on June 30, 2012.

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

(a)

Incorporating all the conceptual design and conditions associated with the approval of any revitalization overlay area proposal, applicants shall submit final plans to the Planning Commission for approval as a site and landscape plan.

(b)

The Planning Commission's review and approval of the application is based on the applicant's conformance with the conceptual approval of the Mayor and City Council, and shall include specific phasing plans, and timetables for completion of any required on-site or off-site improvements, amenities, or any aspect of the concept approval.

(c)

The action of the Planning Commission shall require notice of a public hearing in a newspaper of record.

(d)

Approval of a final revitalization overlay area plan, i.e., a final site and landscape plan, shall expire five (5) years after the date of such approval by the Planning Commission unless construction has begun. Construction shall commence with the construction and approval of all footings. This period may be extended for an additional one (1) year by the Director of the Department of Economic and Community Development for good cause. Good cause shall be limited to conditions beyond the control of the applicant such as failure of governmental bodies to review and approve plans in a timely fashion but shall not include failure to obtain financing or other market conditions.

(e)

An approved final revitalization overlay area plan shall expire five (5) years from commencement of construction. Construction shall commence with the construction and approval of all footings. This period may be extended for an additional one (1) year by the Director of the Department of Economic and Community Development for good cause. Good cause shall be limited to conditions beyond the control of the applicant such as failure of governmental bodies to review and approve plans in a timely fashion but shall not include failure to obtain financing or other market conditions.

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

After the final approval of the Planning Commission, any subsequent amendments shall be considered as follows:

•

If the proposed amendment or change involves minor items, such as changes to the parking compound, landscaping requirements, sign approvals, or any proposed de-intensification to the mass, density or scale of the proposal, such request, upon the determination of the Director of Economic and Community Development, shall be considered and decided by the Planning Commission.

•

All other amendments shall be referred to the Mayor and City Council, who, with the recommendation of the Planning Commission, shall consider such an amendment, after holding a public hearing on the matter.

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

All amendments of the Planning Commission are subject to review by the Mayor and City Council, upon scheduling of a public hearing to consider such changes.

Uses within all revitalization overlays may include the following:

(a)

Properties located within I-CS or I-G may propose uses identified as permitted by right or special exception within the C-G or C-V zone.

(b)

Properties located within the RO-3 overlay may propose uses contained with the C-G zone, if they are current within the C-V zone.

(c)

Properties located within any overlay zone may propose special exception uses within their base zoning for consideration in an overlay proposal.

(d)

Properties located within the C-V Zone and C-N Zones (except RO-3 and RO-6) must select uses allowed in their base zone only.

(e)

Entertainment uses: (Must be identified or provided for by the final overlay approved by the Planning Commission.)

(1)

Poetry or dramatic readings.

(2)

Theatre or hall for the performing arts or symphony; community theatre.

(3)

Karaoke.

(4)

Amateur performance, open microphone venues.

(5)

Professional comedic performance.

(6)

Juke boxes that serve an entire establishment.

(7)

Disc Jockeys.

(8)

Live entertainment including dancing, otherwise a special exception after the final plan is approved.

(9)

Performances associated with meeting, wedding receptions, as well as bar mitzvahs and bat mitzvahs at hotels containing integral or detached banquet facilities, which may include dancing.

The placement, location, and distinction of all overlay zones shall in accordance with the map illustrating the location of these areas, as approved by the Mayor and City Council.

(a)

With Revitalization Overlay Areas 1 and 2 only, final plans of overlay for approval by the Planning Commission that involve convenience stores shall provide specific location of the use within the plan.

(b)

Sufficient documentation relating to lighting, dumpster enclosures, and traffic circulation, as well as the provision of cameras, as defined in Section 20-22.29, specifically shall be provided for the Planning Commission's consideration.

The Mayor and City Council may consider, from time to time, amending revitalization overlay map to change the boundary of an overlay zone. Prior to approval, the Mayor and City Council shall find that the amendment meets the purpose and intent of this subsection and shall be distinguished by the characteristics or goals of the area in which the revitalization zone is located.

(a)

Amendment and accompanying data.

(1)

Amendment. All revitalization overlay map amendments shall be submitted to the Planning Commission for its review.

(2)

Data. Each revitalization overlay map amendment shall contain a statement that includes:

a.

Survey plats or other accurate drawings showing boundaries of the property involved;

b.

The existing zoning classifications of the property;

c.

The distance to the nearest revitalization overlay area and the identity of the area (RO-1 through RO-6);

d.

The total area of the property (in either acres or square feet);

e.

The property's lot and block numbers, subdivision name, and plat book and page number, if any; or a description of the acreage, with reference to liber and folio numbers;

f.

The name and address of each owner of record of the property;

g.

All additional exhibits which the petitioner intends to introduce.

(3)

Public notice. A sign posted on the subject property for which the map amendment is sought shall advertise a Revitalization Overlay Map amendment. Such sign shall be erected by the applicant at least fifteen (15) days before the Planning Commission meeting. Such sign shall be erected within ten (10) feet of that boundary line of the subject property that abuts the most traveled public road, and if no public road abuts the subject property, then facing in such a manner as may be most readily seen by the public. If the land described in the application lies within more than one (1) block, as shown on a plat recorded in the Land Records of Prince George's County, then a sign shall be erected by the City on the subject property in the manner indicated above in each such block. At the hearing it shall be duty of the applicant to prove by affidavit that it has fully complied with this section and has continuously maintained the sign from the date on which it was required to be posted until the time of the hearing. Any such sign shall continue to be maintained at all times by the applicant until a resolution has been formally adopted by the Planning Commission and all appeal periods have expired. It shall be unlawful and a misdemeanor for any person to remove or tamper with such sign during the period it is required to be maintained pursuant to this subsection.

(4)

Public hearings.

a.

Written notice.

1.

Upon filing and prior to any hearing of a Revitalization Overlay Map amendment the applicant shall forward notice thereof, in the form specified below, to the owners of all properties contiguous to the property with which the amendment is concerned, and of all properties opposite said property measured at right angle to the intervening street or streets, and the president or other designated representative, shown by the records of the Planning Commission, of the local citizens association or associations within whose territory the subject property lies. The Planning Commission may, in its discretion, require that the applicant send notice of such filings to other interested parties, organizations, or agencies.

2.

Such notices shall contain the name of the owner of record, the amendment number, the telephone number, office address and business hours of the Department of Economic and Community Development, and, if then known, the date, time and place fixed for the hearing. Such notice shall state with particularity the nature of the map amendment. Such notice shall also:

i.

State that a copy of complete submission, including exhibits and testimony summaries, is available for inspection at the Department of Economic and Community Development.

ii.

Inform the recipient of the requirements for prehearing statements for groups or organizations desiring to appear in opposition.

iii.

Advise the recipient as to how he may obtain a complete copy of this subsection and of the fact that the amendment has been referred to the Planning Commission for review and recommendation where required.

3.

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

4.

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

5.

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

6.

If a hearing for which notice has been given is postponed, those designated to receive notice shall be given at least five (5) days' written notice of the rescheduled hearing.

(5)

Hearings on redevelopment overlay map amendment by Mayor and City Council.

a.

The Mayor and City Council shall hold public hearings on all redevelopment overlay map amendments for which such hearings are required under the Land Use Article of the Annotated Code of Maryland, as now or hereinafter amended. In connection with such hearings the Mayor and City Council or the Planning Commission shall give public notice of at least fifteen (15) days by publication in a newspaper in general circulation published within the City. Every such notice shall include the time and place of the hearing, a description, or summary of the proposed amendment(s) to be considered at the hearing, and the place where a copy of such amendment(s) may be obtained. At all such hearings interested persons shall be afforded an opportunity to submit data, views, or regulations, with respect to the amendment(s) under consideration.

b.

In connection with hearings conducted by the Mayor and City Council, there shall be prepared and kept a written transcript thereof. After any such hearing, the Mayor and City Council shall, be adopted in open session, on the basis of the record in the proceeding, either adopt with or without modification, or reject, the proposed revitalization overlay map amendment(s) in whole or in part.

(6)

Fees. The Mayor shall set the fees for activities and services performed by the Department of Economic and Community Development in carrying out its responsibilities under this subsection. Fees shall be subject to review and revision periodically as experience dictates to insure that the fees are equitable and in line with the costs of administration.

(Ord. No. 1987, 10-25-2021; Ord. No. 1991, 1-10-2022)

Air rights. For the purposes of this section, air rights is defined as areas over or under real property owned by the City or any other government, private company or person. This definition shall be interpreted in its broadest sense to include development which primarily occurs over or under property which is developed or undeveloped.

The right to utilize air rights may be granted by the Mayor and City council upon recommendation of the Planning Commission only upon request included as part of a Revitalization Overlay Area or as part of a site plan associated with an M-X-T Mixed-Use Transportation Oriented Zone request. Such request shall include a site plan meeting all the applicable goals and objectives of a Revitalization Overlay Area or M-X-T site plan and shall include an engineering study which certifies that such development of the air rights can be constructed without damage to existing development of the proposed site. In addition to the normal site plan requirements, the applicant for air rights approval shall be required to prove that the granting of such request will not adversely affect the health, safety and welfare of residents in the immediate area and that the grant will not detrimentally affect the development of properties in the neighborhood.

Prior to approval of any air rights, the applicant shall provide written approval of the owner of the property over or under which air rights are sought on forms to be provided by the City.

The granting of any approval for air rights shall be subject to administrative fees, as well as any legal fees. The Mayor shall set the fees for activities and services performed by the Department of Economic and Community Development in carrying out its responsibilities under this subsection. Fees shall be subject to review and revision periodically as experience dictates to insure that the fees are equitable and in line with the costs of administration.

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

The Mayor and City Council of Laurel find that reasonable regulation of satellite earth station antennas is necessary for the purpose of protecting and promoting the health, safety, comfort, convenience, welfare, and happiness of the residents of, and visitors to, the City. These regulations related to satellite earth station antennas are intended to effectuate this purpose and promote the following specific health, safety, and aesthetic objectives.

(a)

Health and safety objectives. These regulations shall be construed, to a reasonable extent, to effectuate the following health and safety objectives:

(1)

To prevent injury to, or hazard to, the general public due to electromagnetic transmissions related to transmitting satellite earth station antennas;

(2)

To prevent injury to, or hazard to, the general public due to proximity of satellite earth station antennas to public and private rights-of-way or neighboring properties;

(3)

To make reasonable inspections of structures on which satellite dish antennas are to be installed to ensure that such antennas are installed safely, without hazard to the occupants of such structures or the general public, and to ensure structural integrity is not compromised; and

(4)

To ensure that signals from satellite earth stations antennas do not interfere with public safety broadcasts or transmissions in the City.

(b)

To promote a consistent approach to the installation of satellite earth station antennas throughout the City antennas shall be located in accordance with the following:

(1)

Satellite earth station antennas on neighboring properties, or on properties that are in close proximity to one another, shall be configured to avoid a distracting appearance;

(2)

Such antennas, to a reasonable extent, should be placed in such a manner that they cannot be seen from public rights-of-way, nor from private ways used by pedestrian or vehicular traffic, to avoid thereby a distracting appearance;

(3)

Such antennas which can be seen from public rights-of-way or from private ways used by pedestrian or vehicular traffic shall be configured to avoid a distracting appearance. The use of materials or colors that would dominate the relevant streetscape or public area, focus undue attention on the satellite dish to the detriment of the neighboring properties, or conflict with the general character of the neighborhood are prohibited.

(a)

Generally. A satellite earth station antenna may be installed as an accessory use in all zoning districts of the City. Except as hereinafter provided, all such installations shall require a permit from the Department of Economic and Community Development (hereinafter in this Section 20-15, referred to as "the Department"), and, unless otherwise expressly provided herein, shall comply with the following requirements:

(1)

A site and landscape plan shall be approved by the Planning Commission for all installations.

(2)

Such antennas shall not exceed ten (10) feet in diameter; the smallest dish available shall be used to the extent that such requirement does not materially limit reception nor impose more than minimal additional costs.

(3)

All installations shall comply with the setback and height restrictions for accessory buildings in the zone in which the antenna is to be installed.

(4)

All installations shall employ, to a reasonable extent, materials and colors that blend with the surroundings.

(5)

All installations shall include fencing and landscaping treatments located along the antenna's non-reception window axes, and low level landscape treatments along the antenna's reception window axes, such landscaping to be placed along the antenna's base.

(6)

No installation shall be located in any front yard or side yard, said yard to be measured from any portion of the building to the front or side property line.

(7)

All installations shall comply with the International Building Code, Edition 2009 and National Electrical Code, 2008 Edition, or duly adopted successor code(s), with all other standards for such installation, and construction related thereto, provided by applicable law.

(8)

A transmitting antenna may be permitted hereunder, provided that such antenna meets or exceeds all applicable Federal Communications Commission (FCC) and American National Standards Institute (ANSI) standards regarding the subject antenna and regarding public exposure to radiation hazards generally. The applicant shall submit documentation detailing such standards and confirming the subject antenna's compliance therewith.

(9)

All installations in those sections of the City designated by as "Historic District" (hereafter in this Section 20-15, being referred to as "Historic Districts") shall be subject to approval by the Historic District Commission in accordance with the Historic District Commission's normal review procedure pursuant to the Land Use Article of the Annotated Code of Maryland. The Historic District Commission shall amend its guidelines for review of such installations promulgated pursuant to the Land Use Article of the Annotated Code of Maryland to comply with the Telecommunications Act of 1996, and other applicable law concerning satellite earth station antennas.

(10)

All installations shall comply with the health, safety, and aesthetic objectives contained in Section 20-15.1.

(11)

Roof-mounted antennas. If the Planning Commission determines that all reasonable ground-mounted options for placement of a satellite earth station antenna would materially limit reception, would impose more than minimal costs on the applicant, or are unnecessary to effectuate the health and safety and consistency objectives of Section 20-15.1., a roof-mounted satellite earth station antenna may be installed as an accessory use in all zoning districts of the City. Such antennas must comply with the following provisions:

a.

The height of the proposed installation shall not exceed the maximum height restriction imposed upon main uses within the zone.

b.

Documentation of compliance with all International Building Code, as adopted by the City, shall be submitted by the applicant, together with documentation that all load distributions within the building's support structure comply with such standards.

(b)

Modification of requirements. The Planning Commission may waive any of the requirements contained in Subsection 20-15.2(a) hereof, in whole or in part, if any such requirement is impracticable, unnecessary to achieve the health, safety and consistency objectives listed in Section 20-15.1 hereof, would materially limit transmission or reception by a satellite earth station antenna or would impose more than minimal additional costs on the applicant.

(Ord. No. 1987, 10-25-2021; Ord. No. 1991, 1-10-2022)

(a)

Generally. Except as otherwise provided herein, no permit shall be required for the installation, maintenance or use of a satellite earth station antenna in any zone of the City if such dish is one (1) meter or less in diameter; provided, however, that all such installations shall comply with the health, safety and consistency objectives of Section 20-15.1. Nothing herein relieves an applicant of the responsibility of applying for all other permits, including electrical permits, required by law.

(b)

Installations in an Historic District. Each installation of a satellite earth station antenna having a diameter of one (1) meter or less, in a Historic District of the City, shall require a certificate of approval from the Historic District Commission. Such certificate of approval may only be issued after approval of such installation by the Historic District Commission. In reviewing an application for installation, the Historic District Commission shall employ its normal review process, in accordance with the Land Use Article of the Annotated Code of Maryland, and shall effectuate the health, safety, and consistency objectives contained in Section 20-15.1 hereof, but shall not:

(1)

Unreasonably delay or prevent the installation, maintenance, or use of any such antenna;

(2)

Unreasonably increase the cost of installation, maintenance or use of any such antenna; or

(3)

Preclude reception of an acceptable quality signal by any such antenna.

(c)

Exceptions. Notwithstanding the provisions of Subsection (b) above, the Historic District Commission may take such action as is authorized by the Land Use Article of the Annotated Code of Maryland, provided such action is no more burdensome to the affected antenna user than is necessary to achieve an objective listed below, if such action is necessary to:

(1)

Enforce a safety objective contained in Subsection 20-15.1(a) hereof; or

(2)

Preserve an Historic District listed in the National Register of Historic Places, as set forth in the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470a, provided the Historic District Commission's action imposes no greater restrictions on antennas covered by this section than are imposed on the installation, maintenance or use of other modern appurtenances, devices or fixtures that are comparable in size, weight, and appearance to such antennas.

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

(a)

Generally. No permit shall be required for the installation, maintenance, or use of a satellite earth station antenna in any commercial, office building, or industrial zone of the City if such dish is two (2) meters or less in diameter; provided, however, that all such installations shall comply with the health, safety, and consistency objectives of Section 20-15.1. Nothing herein relieves an applicant of the responsibility of applying for all other permits, including electrical permits, required by law.

(b)

Installations in an Historic District. Each installation of a satellite earth station antenna having a diameter of two (2) meters or less in a commercial, office building, or industrial zone and in a Historic District of the City shall require a certificate of approval from the Historic District Commission. Such certificate of approval may only be issued after approval of such installation by the Historic District Commission. In reviewing an application for installation, the Historic District Commission shall employ its normal review process, in accordance with the Land Use Article of the Annotated Code of Maryland, provided that any action on the part of the Historic District Commission must be necessary to accomplish a health or safety objective contained in Section 20-15.1 hereof and must not be more burdensome on the applicant than is necessary to achieve such health and safety objective.

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