The regulations specified in this article shall be subject to the exceptions and interpretations contained in this division.

In sections of the City un-served by public water or sewerage facilities, or both, the minimum lot areas required by these regulations may be increased to include any additional area deemed necessary by the Prince George's County Department of Health to insure potable water supply or adequate sewage disposal, or both. A lot un-served by public water and/or sewerage shall require Planning Commission approval before a permit may be issued.

(a)

Structures excluded from height control. The building height limits set forth in this article shall not apply to belfries, chimneys, cupolas, domes, flagpoles, flues, monuments, radio towers, television antennae or aerials, spires, tanks, water towers, water tanks, air conditioning units or similar roof structures and mechanical appurtenances, unless otherwise provided, except where such structures are located within an airport approach area, as designated on the Zoning Map. No such roof structure, however, shall have a total area greater than twenty-five (25) percent of the roof area, nor shall such structure be used for any purpose other than a use incidental to the main use of the building.

(b)

Additional stories on sloping lot. On any sloping lot, where the average slope is greater than one (1) foot vertical in seven (7) feet of horizontal distance, stories in addition to the number permitted in the zone in which such lot is situated shall be permitted on the downhill side of any building erected on such lot; but the building height limit shall not otherwise be increased above that specified for the zone.

(c)

Public buildings. In any zone wherein public and quasi-public buildings are permitted, such buildings may be erected to a height not over one hundred twenty (120) feet; but the minimum front, rear and side yards shall be increased one (1) foot for each one (1) foot by which such building exceeds the height limit herein established for the zone in which such building is erected.

(a)

Steps and porches. Steps and open uncovered stoops, terraces, and porches may extend into any minimum front yard not more than nine (9) feet, except as provided in this chapter. On a corner lot steps, terraces, and open porches not over one (1) story in height may extend into any minimum side yard not more than nine (9) feet; but there shall be no encroachment upon a minimum fifteen (15) feet side yard of a corner lot, nor shall any other minimum side or rear yard be encroached upon by such extensions. Enclosing of open porches, steps, terraces, and outside open stairways which extend into minimum required yards is prohibited, provided that such steps, stoops, terraces, porches, and outside open stairways may be roofed; such roofing may extend into the minimum required yards not more than four (4) feet. Screened-in porches shall be considered as enclosed porches.

(b)

Bay windows. In any residential zone, any bay window, oriel, entrance, vestibule, or balcony, ten (10) feet or less in width, may project not more than three (3) feet into any front or rear yard.

(c)

Show windows. In commercial or industrial zones, no show windows or projections, except signs as provided in Division 7 of this article, shall extend beyond building lines, except that theater marquees may extend not over forty-two (42) inches beyond the front building line, but in no case shall such marquee be closer than one (1) foot to the vertical plane of the street curb line. The bottom of such marquee shall be at least ten (10) feet above the finished grade of the sidewalk.

(d)

Cornices, sills, fire escapes, and awnings. Cornices and eaves may project two and one-half (2½) feet or less over any court or yard, but such projection shall be at least two (2) feet from the vertical plane of any lot line. Sills, leaders, belt courses, and similar ornamental features may project not more than six (6) inches over any court or yard.

Fire escapes and outside open stairways may project not more than four and one-half (4½) feet over any yard. An awning in a commercial or industrial zone may extend not more than sixty (60) inches beyond the building line, except that, in no case, shall it be closer than one (1) foot to the vertical plane of the street curb line; and the bottom of such awning shall be at least eight (8) feet above the finished grade of the sidewalk. An awning in a Residential Zone shall be considered as roofing for a porch subject to the regulations for porches.

(e)

Chimneys. On a lot or parcel in a residential zone, one (1) chimney six (6) feet or less in width may project not more than eighteen (18) inches into a minimum front, rear, or side yard. Chimneys used as walls shall not be allowed to project into any minimum yard.

(f)

Aluminum siding, etc. Aluminum sidings, brick veneers and the like may project into any yard or court not more than nine (9) inches when applied to existing structures.

(g)

Air intake or entrance way, fallout or emergency shelter. An air intake or entrance way to a fallout or emergency shelter may extend not more than three (3) feet into a required minimum side or front yard and anywhere within a required minimum rear yard but not closer than two feet to the property line; provided, that it shall not be more than thirty (30) inches in height.

(h)

Permanent Carport. An open carport without a supporting structural wall, or a screen wall over sixty (60) inches in height, may project into the minimum yards as follows:

(1)

Front yard: Three (3) feet.

(2)

Side yard:

a.

To a point not less than twice the minimum side yard requirement from the main building on the adjoining lot; or

b.

A depth of three (3) feet.

In no event shall the remaining side yard be less than three (3) feet.

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

Supplementary regulations.

(a)

The height of a retaining wall or other wall or fence shall be measured from the lowest level of the ground immediately under the fence.

(b)

Retaining walls shall be permitted where changes in street grade width or alignment have made such walls necessary. In such cases these regulations shall not apply.

(c)

Retaining walls or other walls or fences or combinations thereof shall be deemed a structure requiring a building permit if such retaining walls or other walls or fences are over two (2) feet in height.

(d)

On a corner lot in a commercial or industrial zone, no portion of a building or other obstruction to vision between two (2) feet and ten (10) feet above the curb level, except a post or column, shall occupy the space formed by the vertical planes on the front and side street lines and on a line joining points on such street lines at distances five (5) feet from the intersection thereof.

(e)

On parcels used for commercial or industrial purposes, the Planning Commission may allow fences from six and one-half (6½) feet to nine (9) feet high in the side or rear yard and barbed-wire on the top of a six (6) feet or higher fence when it can be shown that a particular parcel is susceptible to burglary or arson. In no case shall any fence higher than forty-two (42) inches be erected between the front of the building and the front lot line.

(f)

No electric fences or fences with cutting edges, including, but not limited to, fences using razor, ribbon, or concertina wire, shall be permitted within the City.

(g)

Fences incorporating barbed wire are permitted provided that barbed wire may be used only on top of a six (6) feet or higher solid or chain-link fence surrounding a public utility and federal, state, county, or municipal property.

(h)

An electric security fence shall comply with the following:

(1)

The definition of an "electric security fence" as set forth in Section 20-1.7;

(2)

An electric security fence shall be permitted on a property in the Industrial General (IG) and Industrial Commercial Services (ICS) zones.

(3)

Prior to the issuance of a fence or electrical permit, an amended site and landscape plan, to include the location, height, design and style of the fence, shall be approved by the Planning Commission;

(4)

The non-electric perimeter fence surrounding the electric security fence, shall have a minimum of a one-foot setback from the property line. A landscape buffer shall be installed around the non-electric fence.

(5)

All electric security fences shall install an emergency access device (Knox box) in the event emergency services or City of Laurel Police shall need to access the property.

(6)

Warning signs in both English and Spanish shall be placed every ten (10) feet along the perimeter of the electric security fence and shall be maintained in good condition at all times.

(7)

A fence permit shall be required for both the electrical security and non-electric perimeter fence.

(8)

An electrical permit shall be required for the electrical security fence, and the voltage shall not exceed twelve (12) volts.

(Ord. No. 1944, 7-8-2019; Ord. No. 1966, 1-25-2021)

(a)

Except as provided for elsewhere in this article, and incidental only to permitted uses, any use which complies with all of the following conditions may be operated as an accessory use:

(1)

Is clearly incidental and customary to and commonly associated with the operation of the permitted uses.

(2)

Is operated and maintained under the same ownership and on the same lot as the permitted uses.

(3)

Does not include structures or structural features inconsistent with permitted uses.

(4)

Does not include residential occupancy.

(b)

If operated partially or entirely in detached structures, the gross floor area of such detached structures shall not exceed ten (10) percent of the area of the lot.

(c)

If operated partially or entirely within the structure containing the permitted uses, the gross floor area within such structure utilized by accessory uses (except garages and off-street loading facilities) shall be not greater than twenty (20) percent of the gross floor area, but not to exceed three hundred (300) square feet, of a single unit dwelling and ten (10) percent of the gross floor area of a structure containing any permitted uses other than a single unit dwelling.

Utility lines and necessary equipment incidental thereto, when such incidental equipment is located on the lines, shall be a permitted use in all zones and shall not be subject to lot, yard, height, and building line requirements, except that overhead facilities shall be excluded from airport approach areas.

(a)

Standards for site improvements applicable in all zones.

(1)

Solar energy collection panels used to provide off-premises consumption shall be permitted only on a property or contiguous properties constituting at least five (5) acres in size and shall be permitted solely in the I-G and I-CS Zones, subject to special exception and site plan approval. All other solar energy collection panels shall only be permitted as accessory uses to provide on-site consumption to the permitted principal and other accessory uses on a lot and shall not involve the production of power for off-premises consumption, nor shall such a use constitute a principal use on any lot. This prohibition shall not be interpreted to preclude the occasional sale of excess power from solar energy collection panels back to the public electric utility provider.

(2)

Installation of rooftop (building-mounted) or freestanding (ground-mounted) solar energy collection panels shall require a building permit and/or electrical permit from the Department of Economic and Community Development prior to installation. The Department shall require a plan of survey depicting the location, setbacks, size, buffer, and other related appropriate information for accessory structures. In addition, any interconnection to the public utility grid must be inspected by the appropriate public utility.

(3)

All solar energy collection panels installations must be performed by a qualified solar installer; examples of "qualified" installers include, but are not limited to: employees working for a federally or state licensed company or utility within the solar energy industry, professional electricians, or electrical engineers. Installation must comply with Chapter 18, Buildings and Building Regulations, Article VII, Electrical Code or the Laurel City Code. All electric/utility lines or wires shall be buried underground and the panel structures must be securely affixed to the earth. There may be a need for structural engineering information and data for rooftop or ground-mounted arrays from a licensed Maryland engineer on a case by case basis depending on unique attributes of system or site.

(4)

All visible parts of the solar energy collection panels, including the frames, hardware, pipes and support structures, shall be non-reflective black surfaces.

(5)

All solar energy collection panels shall not be used for the displaying of any signage or advertising, except for reasonable identification of the manufacturer/operator of the system or appropriate "warning" signs. In no case shall any identification be visible from a property line, nor should any signage be visible from any public road.

(b)

Residential requirements.

(1)

Roof line. Installation of solar energy collection panels shall be permitted on the roofs of single-family residential units so long as said units are within ten (10) degrees of flush with the roof line of the residence. Said installation shall not extend beyond the front or side roof lines. Said panels should be architecturally compatible with color scheme of roof to the extent possible. No site plan shall be required for said installations and a building permit is required prior to the installation of the panels on a roof. In no event shall the placement of the solar panels result in a larger total height, including building and panels, than what is permitted in the zoning district which they are located for the principal building.

(2)

Ground.

a.

Installation of solar energy collection panels on a lot for residential purposes shall be prohibited in the front yard. Installation in the rear yard and side yards of said lots shall be located on properties of one (1) acre or greater.

b.

All ground mounted solar energy collection panels shall be completely screened from view at ground level from adjacent properties and streets with year-round vegetative screen, buildings and/or solid fencing. No site plan shall be required unless the Director of the Department of Economic and Community Development finds that the installation does not meet the standards herein.

c.

All ground arrays shall be set back a distance of twenty-five (25) feet from all property lines in a residential zoning district. Any variance from this twenty-five-foot requirement can only be approved by the Board of Appeals based on the unique physical characteristics of the parcel.

d.

Ground arrays shall be located so that any glare is directed away from an adjoining property.

e.

The total surface area of all ground-mounted solar energy collection panels on the lot shall not exceed eight hundred (800) square feet on each lot.

f.

Ground arrays shall not exceed a height of ten (10) feet.

(c)

Nonresidential requirements.

(1)

Roof line. Installation of solar energy collection panels as accessory uses to provide on-site consumption to the permitted principal and other accessory uses on a lot shall be permitted on the roofs of nonresidential structures. Where said solar energy collection panels, support structures, frames, hardware and piping are visible to residential properties, appropriate screening materials shall be installed on the roof in an architectural design compatible with the building. Said panels shall be architecturally compatible with color scheme of roof to the extent possible. Said solar energy collection system shall not extend beyond the roof line of the structure. In no event shall the placement of the solar panels result in a total height including building and panels than what is permitted in the zoning district which they are located for the principal building.

(2)

Ground. Installation of solar energy collection panels as accessory uses to provide on-site consumption to the permitted principal and other accessory uses on nonresidential lots shall be permitted in the side and rear yards of said lots provided, however, that if said solar energy collection panels are visible to residential lots or zones, the lot owner shall provide appropriate effective natural buffering material that will completely block the view of said panels from abutting residential zone or properties. Ground arrays shall be located so that any glare is directed away from an adjoining property. All ground mounted solar energy collection panels as accessory uses to provide on-site consumption to the permitted and other accessory uses on nonresidential lots shall be screened from view at ground level from adjacent properties and streets with year-round vegetative screen, buildings and/or solid fencing. No site plan shall be required unless the Director of the Department of Economic and Community Development finds that the installation does not meet the standards herein. Installation of any ground array solar energy collection panel shall be subject to the issuance of a building and electrical permit. The Chief Building Official shall make a finding as to whether or not the ground installation meets the standards contained herein. All ground arrays used as accessory uses to provide onsite consumption to the permitted and other accessory uses on nonresidential lots shall be set back in conformance with the bulk standards for accessory structures in commercial districts as provided elsewhere in the Unified Land Development Code. The total surface area of all ground-mounted solar energy collection panels as accessory uses to provide onsite consumption to the permitted and other accessory uses on the lot shall not exceed one thousand two hundred (1,200) square feet on each lot. Ground arrays shall not exceed a height of ten (10) feet.

(d)

Additional regulations and requirements:

(1)

If, in the opinion of the Director of the Department of Economic and Community Development, the installation of the solar energy collection systems does not satisfy the provisions of this section, they shall refer said application for site plan approval by the Planning Commission.

(e)

Abandonment.

(1)

A solar energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned and decommissioned.

(2)

The Director of the Department of Economic and Community Development may issue a notice of abandonment to the owner. The notice shall be sent via regular and certified mail, return receipt requested, to the owner of record.

(3)

Any abandoned system shall be removed at the owner's sole expense within six (6) months after the owner receives the notice of abandonment from the municipality. If the system is not removed within six (6) months of receipt of notice from the Director of the Department of Economic and Community Development notifying the owner of such abandonment, the City may remove the system as set forth below.

(4)

When an owner of a solar energy system has been notified to remove same and has not done so six (6) months after receiving said notice, then the City may remove such system and place a lien upon the property for the cost of the removal, including expenses, costs, and reasonable attorney's fees. If removed by the owner, a demolition permit shall be obtained and the facility shall be removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment.

(Ord. No. 1744, 7-23-2012; Ord. No. 1991, 1-10-2022; Ord. No. 2016, 9-25-2023)

A Special Exception may be granted in the R-5, R-55, and R-20 Districts for building mounted small wind energy systems as defined in these Regulations, provided:

(a)

In the R-20 District, systems are only permitted on semi-detached dwellings.

(b)

The systems shall be primarily intended to reduce the on-site consumption of utility power.

(c)

The systems are permitted only on the principal structure.

(d)

The systems shall be located on the roof or sides of a structure that are at least twenty-five (25) feet in height.

(e)

The systems shall comply with the principal building setbacks.

(f)

The height of the system shall not extend more than fifteen (15) feet above the ridge of the highest roof section.

(g}

Only one (1) system per lot is permitted.

(h)

The systems shall not exceed fifty-five (55) dba, as measured at all lot lines. The level, however, may be exceeded during short-term events such as utility outages and/or severe wind storms.

(i)

All systems shall be gray or a similar color that minimizes visibility.

(j)

No exterior lighting is permitted unless required by the Federal Aviation Administration (FAA).

(k)

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

(l)

The systems shall comply with all applicable local, state, and federal laws and provisions.

(m)

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

(n)

Meteorological towers, solely for the measurement of wind, temporary or otherwise, are not permitted.

(o)

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

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

(a)

A wireless telecommunication facility located in the P-1, R-5, R-55, R-20, R-T, R-30, R-18, R-10, or R-MD zones shall comply with the following:

(1)

Ground-mounted.

a.

Must be located in the rear or side yard of the property.

b.

Must be located no closer than ten (10) feet from rear or side lot line.

c.

Must be located no closer than ten (10) feet from the main structure on the same property.

d.

Must not exceed fifteen (15) feet in height, measured from the base to the top of the structure.

(2)

Roof-mounted.

a.

Must not exceed five (5) feet in height, measured from the lowest point at which the wireless telecommunication facility is attached to the building.

(3)

Side- and rear-mounted.

a.

Must not project more than three (3) feet into the side or rear yard.

b.

Must not exceed ten (10) feet in height, measured from the lowest point at which the wireless telecommunication facility is attached to the building.

c.

Must not extend above the base of the roof more than five (5) feet in height.

(4)

[Size limitation.] A wireless telecommunications facility shall not exceed ten (10) feet in diameter.

(b)

A wireless telecommunication facility located in the C-N, C-C, C-G, C-SH, C-V, or C-VAC zones shall comply with the following:

(1)

Ground-mounted.

a.

Must be located no closer than thirty-five (35) feet from any residential zone lot line.

b.

Must be located no closer than thirty-five (35) feet from any commercial zone lot line.

c.

Must be located no closer than thirty-five (35) feet from any office zone lot line.

d.

Must be located no closer than thirty-five (35) feet from any mixed use zone lot line.

e.

Must be located no closer than ten (10) feet from any industrial zone lot line.

f.

Must be located no closer than ten (10) feet from the main structure on the same property.

g.

Must not exceed twenty-five (25) feet in height, measured from the base to the top of the structure.

(2)

Roof-mounted.

a.

Must not exceed fifteen (15) feet in height, measured from the lowest point at which the wireless telecommunication facility is attached to the building.

(3)

[Size limitation.] A wireless telecommunications facility shall not exceed twenty (20) feet in diameter.

(c)

A wireless telecommunication facility located in the O-B zone shall comply with the following:

(1)

Ground-mounted.

a.

Must be located no closer than thirty-five (35) feet from any residential zone lot line.

b.

Must be located no closer than thirty-five (35) feet from any commercial zone lot line.

c.

Must be located no closer than thirty-five (35) feet from any office zone lot line.

d.

Must be located no closer than thirty-five (35) feet from any mixed use zone lot line.

e.

Must be located no closer than ten (10) feet from any industrial zone lot line.

f.

Must be located no closer than ten (10) feet from the main structure on the same property.

g.

Must not exceed twenty-five (25) feet in height, measured from the base to the top of the structure.

(2)

Roof-mounted.

a.

Must not exceed fifteen (15) feet in height, measured from the lowest point at which the wireless telecommunication facility is attached to the building.

(3)

[Size limitations.] A wireless telecommunications facility shall not exceed twenty (20) feet in diameter.

(d)

A wireless telecommunication facility located in the O-B-E zone shall comply with the following:

(1)

Ground-mounted.

a.

Must be located in the rear or side yard of the property.

b.

Must be located no closer than ten (10) feet from rear or side lot line.

c.

Must be located no closer than ten (10) feet from the main structure on the same property.

d.

Must not exceed fifteen (15) feet in height, measured from the base to the top of the structure.

(2)

Roof-mounted.

a.

Must not exceed five (5) feet in height, measured from the lowest point at which the wireless telecommunication facility is attached to the building.

(3)

Side- and rear-mounted.

a.

Must not project more than three (3) feet into the side or rear yard.

b.

Must not exceed ten (10) feet in height, measured from the lowest point at which the wireless telecommunication facility is attached to the building.

(4)

[Size limiation.] A wireless telecommunications facility shall not exceed ten (10) feet in diameter.

(e)

A wireless telecommunication facility located in the I-CS, I-G, or I-RTP zones shall comply with the following:

(1)

Ground-mounted.

a.

Must be located no closer than fifty (50) feet from any residential zone lot line.

b.

Must be located no closer than fifty (50) feet from any commercial zone lot line.

c.

Must be located no closer than fifty (50) feet from any office zone lot line.

d.

Must be located no closer than fifty (50) feet from any mixed-use zone lot line.

e.

Must be located no closer than ten (10) feet from any industrial zone lot line.

f.

Must be located no closer than ten (10) feet from the main structure on the same property.

g.

Must not exceed fifty (50) feet in height, measured from the base to the top of the structure.

(2)

Roof-mounted.

a.

Must not exceed fifteen (15) feet in height, measured from the lowest point at which the wireless telecommunication facility is attached to the building.

(4)

[Size limitations.] A wireless telecommunications facility shall not exceed thirty-five (35) feet in diameter.

(f)

A wireless telecommunication facility located in the M-X-T zone shall comply with the following:

(1)

Ground-mounted.

a.

Must be located in the rear or side yard of the property.

b.

Must be located no closer than ten (10) feet from rear or side lot line.

c.

Must be located no closer than ten (10) feet from the main structure on the same property.

d.

Must not exceed fifteen (15) feet in height, measured from the base to the top of the structure.

(2)

Roof-mounted.

a.

Must not exceed five (5) feet in height, measured from the lowest point at which the wireless telecommunication facility is attached to the building.

(3)

Side-and rear-mounted.

a.

Must not project more than three (3) feet into the side or rear yard.

b.

Must not exceed ten (10) feet in height, measured from the lowest point at which the wireless telecommunication facility is attached to the building.

c.

Must not extend above the base of the roof more than five (5) feet in height.

(4)

[Size limiations.] A wireless telecommunications facility shall not exceed ten (10) feet in diameter.

(Ord. No. 1974, 6-28-2021)